Texas 2025 - 89th Regular

Texas House Bill HB1601 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R4970 AMF-F
2	2	By: Rosenthal H.B. No. 1601
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the prohibition, prevention, and remedying of certain
10	10	discrimination.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Title 4, Civil Practice and Remedies Code, is
13	13	amended by adding Chapter 100B to read as follows:
14	14	CHAPTER 100B. LIABILITY ARISING FROM DISCRIMINATION
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 100B.001. DEFINITIONS. In this chapter:
17	17	(1) "Aggrieved person" includes any person who:
18	18	(A) claims to have been injured by a
19	19	discriminatory practice; or
20	20	(B) believes the person will be injured by a
21	21	discriminatory practice about to occur.
22	22	(2) "Discriminatory practice" means an act prohibited
23	23	by this chapter.
24	24	(3) "Gender identity or expression" means having or
25	25	being perceived as having a gender-related identity, appearance,
26	26	expression, or behavior, regardless of whether that identity,
27	27	appearance, expression, or behavior is different from that commonly
28	28	associated with the individual's actual or perceived sex.
29	29	(4) "Public accommodation" means a business or other
30	30	entity offering to the public food, shelter, recreation or
31	31	amusement, or any other good, service, privilege, facility, or
32	32	accommodation.
33	33	(5) "Religious organization" means:
34	34	(A) a religious corporation, association, or
35	35	society; or
36	36	(B) a school, institution of higher education, or
37	37	other educational institution, not otherwise a religious
38	38	organization, that:
39	39	(i) is wholly or substantially controlled,
40	40	managed, owned, or supported by a religious organization; or
41	41	(ii) has a curriculum directed toward the
42	42	propagation of a particular religion.
43	43	(6) "Sexual orientation" means the actual or perceived
44	44	status of an individual with respect to the individual's sexuality.
45	45	Sec. 100B.002. APPLICABILITY OF CHAPTER. (a) Except as
46	46	provided by Subsection (b), this chapter does not apply to a
47	47	religious organization.
48	48	(b) This chapter applies to activities conducted by a
49	49	religious organization for profit to the extent those activities
50	50	are subject to federal taxation under Section 511(a), Internal
51	51	Revenue Code of 1986, as that section existed on September 1, 2025.
52	52	SUBCHAPTER B. DISCRIMINATION IN PUBLIC ACCOMMODATIONS PROHIBITED
53	53	Sec. 100B.051. PUBLIC ACCOMMODATIONS. (a) Except as
54	54	provided by Subsection (b), a person engages in a discriminatory
55	55	practice and violates this chapter if the person, because of the
56	56	sexual orientation or gender identity or expression of an
57	57	individual:
58	58	(1) denies that individual full and equal
59	59	accommodation in any place of public accommodation in this state,
60	60	subject only to the conditions established by law and applicable to
61	61	all persons; or
62	62	(2) otherwise discriminates against or segregates or
63	63	separates the individual in a place of public accommodation in this
64	64	state based on sexual orientation or gender identity or expression.
65	65	(b) A person does not engage in a discriminatory practice or
66	66	violate this chapter under Subsection (a) if segregation or
67	67	separation of an individual is necessary to provide a service that:
68	68	(1) provides acceptance, support, and understanding
69	69	to the individual;
70	70	(2) assists the individual with coping with the
71	71	individual's sexual orientation or gender identity or expression,
72	72	maintaining social support, and exploring and identifying the
73	73	individual's identity; or
74	74	(3) provides support to an individual undergoing a
75	75	gender transition.
76	76	(c) The services described by Subsection (b)(2) include a
77	77	sexual orientation-neutral intervention for preventing or
78	78	addressing unlawful conduct or unsafe sexual practices if the
79	79	intervention does not seek to change the individual's sexual
80	80	orientation or gender identity or expression.
81	81	SUBCHAPTER C. CAUSE OF ACTION
82	82	Sec. 100B.101. CIVIL ACTION. An aggrieved person may file a
83	83	civil action in district court not later than the second
84	84	anniversary of the occurrence of the termination of an alleged
85	85	discriminatory practice under this chapter to obtain appropriate
86	86	relief with respect to the discriminatory practice.
87	87	Sec. 100B.102. RELIEF GRANTED. In an action under this
88	88	subchapter, if the court finds a discriminatory practice has
89	89	occurred or is about to occur, the court may award to the claimant:
90	90	(1) actual and exemplary damages;
91	91	(2) reasonable attorney's fees;
92	92	(3) court costs; and
93	93	(4) any permanent or temporary injunction, temporary
94	94	restraining order, or other order, including an order enjoining the
95	95	defendant from engaging in the practice or ordering other
96	96	appropriate action.
97	97	SECTION 2. Articles 42.014(a) and (c), Code of Criminal
98	98	Procedure, are amended to read as follows:
99	99	(a) In the trial of an offense under Title 5, Penal Code, or
100	100	Section 28.02, 28.03, 28.08, or 42.0601, Penal Code, the judge
101	101	shall make an affirmative finding of fact and enter the affirmative
102	102	finding in the judgment of the case if at the guilt or innocence
103	103	phase of the trial, the judge or the jury, whichever is the trier of
104	104	fact, determines beyond a reasonable doubt that the defendant
105	105	intentionally selected the person against whom the offense was
106	106	committed, or intentionally selected the person's property that was
107	107	damaged or affected as a result of the offense, because of the
108	108	defendant's bias or prejudice against a group identified by race,
109	109	color, disability, religion, national origin or ancestry, age,
110	110	gender, [or] sexual orientation, or gender identity or expression
111	111	[preference] or by status as a peace officer or judge.
112	112	(c) In this article:
113	113	(1) "Gender identity or expression" means having or
114	114	being perceived as having a gender-related identity, appearance,
115	115	expression, or behavior, regardless of whether that identity,
116	116	appearance, expression, or behavior is different from that commonly
117	117	associated with the individual's actual or perceived sex.
118	118	(2) "Sexual orientation" means the actual or perceived
119	119	status of an individual with respect to the individual's
120	120	sexuality[, "sexual preference" has the following meaning only: a
121	121	preference for heterosexuality, homosexuality, or bisexuality].
122	122	SECTION 3. Subchapter D, Chapter 11, Education Code, is
123	123	amended by adding Section 11.172 to read as follows:
124	124	Sec. 11.172. DISCRIMINATION, HARASSMENT, AND RETALIATION
125	125	PROHIBITED. (a) In this section:
126	126	(1) "Gender identity or expression" means having or
127	127	being perceived as having a gender-related identity, appearance,
128	128	expression, or behavior, regardless of whether that identity,
129	129	appearance, expression, or behavior is different from that commonly
130	130	associated with the individual's actual or perceived sex.
131	131	(2) "Sexual orientation" means the actual or perceived
132	132	status of an individual with respect to the individual's sexuality.
133	133	(b) A school district or employee of a school district may
134	134	not:
135	135	(1) discriminate against or harass a district employee
136	136	or a student enrolled in the district on account of:
137	137	(A) the actual or perceived ethnicity, color,
138	138	gender, gender identity or expression, sexual orientation,
139	139	disability, religion, or national origin of the employee, student,
140	140	or student's parent; or
141	141	(B) one or more persons with whom the employee,
142	142	student, or student's parent associates; or
143	143	(2) retaliate against a district employee or a student
144	144	enrolled in the district for reporting potential discrimination or
145	145	harassment prohibited by Subdivision (1).
146	146	(c) This section applies to conduct that occurs:
147	147	(1) on school property;
148	148	(2) while attending a school-sponsored or
149	149	school-related activity on or off school property; or
150	150	(3) in connection with transportation of students in a
151	151	vehicle owned or operated by a school district or owned or operated
152	152	by another entity under contract with a school district.
153	153	(d) A school district shall provide periodic training to
154	154	district employees regarding prevention of discrimination and
155	155	harassment prohibited by this section and procedures for responding
156	156	to reported or observed incidents of prohibited discrimination or
157	157	harassment. The training may be provided in conjunction with any
158	158	education provided under Section 37.083.
159	159	(e) In accordance with rules adopted by the commissioner,
160	160	each school district shall report biennially to the agency
161	161	information regarding each incident of alleged discrimination or
162	162	harassment that occurred at each campus in the district during the
163	163	preceding two school years. The agency shall include the
164	164	information, disaggregated by campus, in the comprehensive
165	165	biennial report required by Section 39.332.
166	166	SECTION 4. Section 12.104(b), Education Code, is amended to
167	167	read as follows:
168	168	(b) An open-enrollment charter school is subject to:
169	169	(1) a provision of this title establishing a criminal
170	170	offense;
171	171	(2) the provisions in Chapter 554, Government Code;
172	172	and
173	173	(3) a prohibition, restriction, or requirement, as
174	174	applicable, imposed by this title or a rule adopted under this
175	175	title, relating to:
176	176	(A) the Public Education Information Management
177	177	System (PEIMS) to the extent necessary to monitor compliance with
178	178	this subchapter as determined by the commissioner;
179	179	(B) criminal history records under Subchapter C,
180	180	Chapter 22;
181	181	(C) reading instruments and accelerated reading
182	182	instruction programs under Section 28.006;
183	183	(D) accelerated instruction under Section
184	184	28.0211;
185	185	(E) high school graduation requirements under
186	186	Section 28.025;
187	187	(F) special education programs under Subchapter
188	188	A, Chapter 29;
189	189	(G) bilingual education under Subchapter B,
190	190	Chapter 29;
191	191	(H) prekindergarten programs under Subchapter E
192	192	or E-1, Chapter 29, except class size limits for prekindergarten
193	193	classes imposed under Section 25.112, which do not apply;
194	194	(I) extracurricular activities under Section
195	195	33.081;
196	196	(J) discipline management practices or behavior
197	197	management techniques under Section 37.0021;
198	198	(K) health and safety under Chapter 38;
199	199	(L) the provisions of Subchapter A, Chapter 39;
200	200	(M) public school accountability and special
201	201	investigations under Subchapters A, B, C, D, F, G, and J, Chapter
202	202	39, and Chapter 39A;
203	203	(N) the requirement under Section 21.006 to
204	204	report an educator's misconduct;
205	205	(O) intensive programs of instruction under
206	206	Section 28.0213;
207	207	(P) the right of a school employee to report a
208	208	crime, as provided by Section 37.148;
209	209	(Q) bullying prevention policies and procedures
210	210	under Section 37.0832;
211	211	(R) the right of a school under Section 37.0052
212	212	to place a student who has engaged in certain bullying behavior in a
213	213	disciplinary alternative education program or to expel the student;
214	214	(S) the right under Section 37.0151 to report to
215	215	local law enforcement certain conduct constituting assault or
216	216	harassment;
217	217	(T) a parent's right to information regarding the
218	218	provision of assistance for learning difficulties to the parent's
219	219	child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
220	220	(U) establishment of residency under Section
221	221	25.001;
222	222	(V) school safety requirements under Sections
223	223	37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,
224	224	37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and
225	225	37.2071 and Subchapter J, Chapter 37;
226	226	(W) the early childhood literacy and mathematics
227	227	proficiency plans under Section 11.185;
228	228	(X) the college, career, and military readiness
229	229	plans under Section 11.186; [and]
230	230	(Y) parental options to retain a student under
231	231	Section 28.02124; and
232	232	(Z) discrimination, harassment, and retaliation
233	233	under Section 11.172.
234	234	SECTION 5. Section 121.151, Estates Code, is amended to
235	235	read as follows:
236	236	Sec. 121.151. DISTRIBUTION OF COMMUNITY PROPERTY. (a)
237	237	This section applies to community property, including the proceeds
238	238	of life or accident insurance that are community property and
239	239	become payable to the estate of either spouse [the husband or wife].
240	240	(b) If spouses [a husband and wife] die leaving community
241	241	property but neither survives the other by 120 hours, one-half of
242	242	all community property shall be distributed as if one spouse [the
243	243	husband] had survived, and the other one-half shall be distributed
244	244	as if the other spouse [wife] had survived.
245	245	SECTION 6. Section 1104.001(b), Estates Code, is amended to
246	246	read as follows:
247	247	(b) Subsection (a) does not prohibit the joint appointment,
248	248	if the court finds it to be in the best interest of the
249	249	incapacitated person or ward, of:
250	250	(1) spouses [a husband and wife];
251	251	(2) joint managing conservators;
252	252	(3) co-guardians appointed under the laws of a
253	253	jurisdiction other than this state; or
254	254	(4) both parents of an adult who is incapacitated if
255	255	the incapacitated person:
256	256	(A) has not been the subject of a suit affecting
257	257	the parent-child relationship; or
258	258	(B) has been the subject of a suit affecting the
259	259	parent-child relationship and both of the incapacitated person's
260	260	parents were named as joint managing conservators in the suit but
261	261	are no longer serving in that capacity.
262	262	SECTION 7. Subchapter A, Chapter 1, Family Code, is amended
263	263	by adding Section 1.0015 to read as follows:
264	264	Sec. 1.0015. CONSTRUCTION OF GENDER-SPECIFIC TERMINOLOGY.
265	265	When necessary to implement the rights and duties of spouses or
266	266	parents in a marriage between persons of the same sex under the laws
267	267	of this state, gender-specific terminology must be construed in a
268	268	neutral manner to refer to a person of either gender.
269	269	SECTION 8. Section 2.001(a), Family Code, is amended to
270	270	read as follows:
271	271	(a) Two individuals [A man and a woman] desiring to enter
272	272	into a ceremonial marriage must obtain a marriage license from the
273	273	county clerk of any county of this state.
274	274	SECTION 9. Section 2.004(b), Family Code, is amended to
275	275	read as follows:
276	276	(b) The application form must contain:
277	277	(1) a heading entitled "Application for Marriage
278	278	License, ____________ County, Texas";
279	279	(2) spaces for each applicant's full name, including
280	280	the [woman's maiden] surname of an applicant intending to change
281	281	the applicant's surname as a result of the marriage, address,
282	282	social security number, if any, date of birth, and place of birth,
283	283	including city, county, and state;
284	284	(3) a space for indicating the document tendered by
285	285	each applicant as proof of identity and age;
286	286	(4) spaces for indicating whether each applicant has
287	287	been divorced within the last 30 days;
288	288	(5) printed boxes for each applicant to check "true"
289	289	or "false" in response to the following statement: "I am not
290	290	presently married and the other applicant is not presently
291	291	married.";
292	292	(6) printed boxes for each applicant to check "true"
293	293	or "false" in response to the following statement: "The other
294	294	applicant is not related to me as:
295	295	(A) an ancestor or descendant, by blood or
296	296	adoption;
297	297	(B) a brother or sister, of the whole or half
298	298	blood or by adoption;
299	299	(C) a parent's brother or sister, of the whole or
300	300	half blood or by adoption;
301	301	(D) a son or daughter of a brother or sister, of
302	302	the whole or half blood or by adoption;
303	303	(E) a current or former stepchild or stepparent;
304	304	or
305	305	(F) a son or daughter of a parent's brother or
306	306	sister, of the whole or half blood or by adoption.";
307	307	(7) printed boxes for each applicant to check "true"
308	308	or "false" in response to the following statement: "I am not
309	309	presently delinquent in the payment of court-ordered child
310	310	support.";
311	311	(8) a printed oath reading: "I SOLEMNLY SWEAR (OR
312	312	AFFIRM) THAT THE INFORMATION I HAVE GIVEN IN THIS APPLICATION IS
313	313	CORRECT.";
314	314	(9) spaces immediately below the printed oath for the
315	315	applicants' signatures;
316	316	(10) a certificate of the county clerk that:
317	317	(A) each applicant made the oath and the date and
318	318	place that it was made; or
319	319	(B) an applicant did not appear personally but
320	320	the prerequisites for the license have been fulfilled as provided
321	321	by this chapter;
322	322	(11) spaces for indicating the date of the marriage
323	323	and the county in which the marriage is performed;
324	324	(12) a space for the address to which the applicants
325	325	desire the completed license to be mailed; and
326	326	(13) a printed box for each applicant to check
327	327	indicating that the applicant wishes to make a voluntary
328	328	contribution of $5 to promote healthy early childhood by supporting
329	329	the Texas Home Visiting Program administered by the [Office of
330	330	Early Childhood Coordination of the] Health and Human Services
331	331	Commission.
332	332	SECTION 10. Section 2.401(a), Family Code, is amended to
333	333	read as follows:
334	334	(a) In a judicial, administrative, or other proceeding, the
335	335	marriage of two individuals [a man and woman] may be proved by
336	336	evidence that:
337	337	(1) a declaration of their marriage has been signed as
338	338	provided by this subchapter; or
339	339	(2) the individuals [man and woman] agreed to be
340	340	married and after the agreement they lived together in this state as
341	341	spouses [husband and wife] and there represented to others that
342	342	they were married.
343	343	SECTION 11. Section 2.402(b), Family Code, is amended to
344	344	read as follows:
345	345	(b) The declaration form must contain:
346	346	(1) a heading entitled "Declaration and Registration
347	347	of Informal Marriage, ___________ County, Texas";
348	348	(2) spaces for each party's full name, including the
349	349	[woman's maiden] surname of a party intending to change the party's
350	350	surname as a result of the marriage, address, date of birth, place
351	351	of birth, including city, county, and state, and social security
352	352	number, if any;
353	353	(3) a space for indicating the type of document
354	354	tendered by each party as proof of age and identity;
355	355	(4) printed boxes for each party to check "true" or
356	356	"false" in response to the following statement: "The other party
357	357	is not related to me as:
358	358	(A) an ancestor or descendant, by blood or
359	359	adoption;
360	360	(B) a brother or sister, of the whole or half
361	361	blood or by adoption;
362	362	(C) a parent's brother or sister, of the whole or
363	363	half blood or by adoption;
364	364	(D) a son or daughter of a brother or sister, of
365	365	the whole or half blood or by adoption;
366	366	(E) a current or former stepchild or stepparent;
367	367	or
368	368	(F) a son or daughter of a parent's brother or
369	369	sister, of the whole or half blood or by adoption.";
370	370	(5) a printed declaration and oath reading: "I
371	371	SOLEMNLY SWEAR (OR AFFIRM) THAT WE, THE UNDERSIGNED, ARE MARRIED TO
372	372	EACH OTHER BY VIRTUE OF THE FOLLOWING FACTS: ON OR ABOUT (DATE) WE
373	373	AGREED TO BE MARRIED, AND AFTER THAT DATE WE LIVED TOGETHER AS
374	374	SPOUSES [HUSBAND AND WIFE] AND IN THIS STATE WE REPRESENTED TO
375	375	OTHERS THAT WE WERE MARRIED. SINCE THE DATE OF MARRIAGE TO THE
376	376	OTHER PARTY I HAVE NOT BEEN MARRIED TO ANY OTHER PERSON. THIS
377	377	DECLARATION IS TRUE AND THE INFORMATION IN IT WHICH I HAVE GIVEN IS
378	378	CORRECT.";
379	379	(6) spaces immediately below the printed declaration
380	380	and oath for the parties' signatures; and
381	381	(7) a certificate of the county clerk that the parties
382	382	made the declaration and oath and the place and date it was made.
383	383	SECTION 12. Section 3.401, Family Code, is amended by
384	384	adding Subdivision (1-a) and amending Subdivisions (4) and (5) to
385	385	read as follows:
386	386	(1-a) "Civil union" means any relationship status
387	387	other than marriage that:
388	388	(A) is intended as an alternative to marriage or
389	389	applies primarily to cohabitating persons; and
390	390	(B) grants to the parties of the relationship
391	391	legal protections, benefits, or responsibilities granted to the
392	392	spouses of a marriage.
393	393	(4) "Marital estate" means one of three estates:
394	394	(A) the community property owned by the spouses
395	395	together and referred to as the community marital estate; or
396	396	(B) the separate property owned individually by
397	397	each spouse [the husband] and referred to as a separate marital
398	398	estate[; or
399	399	[(C) the separate property owned individually by
400	400	the wife, also referred to as a separate marital estate].
401	401	(5) "Spouse" means one of the two individuals who are
402	402	the parties to:
403	403	(A) a marriage; or
404	404	(B) [a husband, who is a man, or a wife, who is a
405	405	woman. A member of] a civil union [or similar relationship] entered
406	406	into in another state [between persons of the same sex is not a
407	407	spouse].
408	408	SECTION 13. Section 6.104(b), Family Code, is amended to
409	409	read as follows:
410	410	(b) In exercising its discretion, the court shall consider
411	411	the pertinent facts concerning the welfare of the parties to the
412	412	marriage, including whether a spouse [the female] is pregnant.
413	413	SECTION 14. Section 6.202(b), Family Code, is amended to
414	414	read as follows:
415	415	(b) The later marriage that is void under this section
416	416	becomes valid when the prior marriage is dissolved if, after the
417	417	date of the dissolution, the parties have lived together as spouses
418	418	[husband and wife] and represented themselves to others as being
419	419	married.
420	420	SECTION 15. Section 6.203, Family Code, is amended to read
421	421	as follows:
422	422	Sec. 6.203. CERTAIN VOID MARRIAGES VALIDATED. Except for a
423	423	marriage that would have been void under Section 6.201, a marriage
424	424	that was entered into before January 1, 1970, in violation of the
425	425	prohibitions of Article 496, Penal Code of Texas, 1925, is
426	426	validated from the date the marriage commenced if the parties
427	427	continued until January 1, 1970, to live together as spouses
428	428	[husband and wife] and to represent themselves to others as being
429	429	married.
430	430	SECTION 16. Section 6.704, Family Code, is amended to read
431	431	as follows:
432	432	Sec. 6.704. TESTIMONY OF SPOUSE [HUSBAND OR WIFE]. (a) In
433	433	a suit for dissolution of a marriage, each spouse is a [the husband
434	434	and wife are] competent witness [witnesses] for and against the
435	435	[each] other spouse. A spouse may not be compelled to testify as to
436	436	a matter that will incriminate the spouse.
437	437	(b) If a spouse [the husband or wife] testifies, the court
438	438	or jury trying the case shall determine the credibility of the
439	439	witness and the weight to be given the witness's testimony.
440	440	SECTION 17. Subchapter B, Chapter 45, Family Code, is
441	441	amended by adding Section 45.108 to read as follows:
442	442	Sec. 45.108. CHANGE OF NAME AND VITAL STATISTICS
443	443	INFORMATION. (a) Subject to the eligibility requirements for a
444	444	name change under Section 45.103, a court shall order a change of
445	445	name under this subchapter for a petitioner whose petition is
446	446	accompanied by a sworn affidavit of a licensed physician stating
447	447	the petitioner identifies as a gender other than the gender
448	448	indicated on the petitioner's driver's license, birth certificate,
449	449	or other official document.
450	450	(b) A court that orders a change of name for a petitioner
451	451	under this section shall simultaneously order:
452	452	(1) the Department of Public Safety, as soon as
453	453	practicable, to change the petitioner's name and gender on the
454	454	petitioner's driver's license and other identification documents
455	455	under the department's control; and
456	456	(2) the vital statistics unit of the Department of
457	457	State Health Services, on receipt of a licensed physician's sworn
458	458	affidavit that the petitioner identifies as a gender other than the
459	459	gender indicated on the petitioner's birth certificate, to amend
460	460	the petitioner's birth certificate in the manner provided by
461	461	Section 192.011, Health and Safety Code, to reflect the
462	462	petitioner's true gender.
463	463	(c) This section may not be construed to require a surgical
464	464	procedure as a prerequisite for a court order under Subsection (a)
465	465	or (b).
466	466	SECTION 18. Chapter 51, Family Code, is amended by adding
467	467	Section 51.015 to read as follows:
468	468	Sec. 51.015. CONSTRUCTION OF GENDER-SPECIFIC TERMINOLOGY.
469	469	When necessary to implement the rights and duties of spouses or
470	470	parents in a marriage between persons of the same sex under the laws
471	471	of this state, gender-specific terminology must be construed in a
472	472	neutral manner to refer to a person of either gender.
473	473	SECTION 19. Chapter 101, Family Code, is amended by adding
474	474	Section 101.0012 to read as follows:
475	475	Sec. 101.0012. CONSTRUCTION OF GENDER-SPECIFIC
476	476	TERMINOLOGY. When necessary to implement the rights and duties of
477	477	spouses or parents in a marriage between persons of the same sex
478	478	under the laws of this state, gender-specific terminology must be
479	479	construed in a neutral manner to refer to a person of either gender.
480	480	SECTION 20. Section 101.024(a), Family Code, is amended to
481	481	read as follows:
482	482	(a) "Parent" means the mother, a man presumed to be the
483	483	father, an individual [a man] legally determined to be a parent [the
484	484	father], an individual [a man] who has been adjudicated to be a
485	485	parent [the father] by a court of competent jurisdiction, an
486	486	individual [a man] who has acknowledged the individual's parentage
487	487	[his paternity] under applicable law, or an adoptive mother or
488	488	father. Except as provided by Subsection (b), the term does not
489	489	include a parent as to whom the parent-child relationship has been
490	490	terminated.
491	491	SECTION 21. Section 108.009(b), Family Code, is amended to
492	492	read as follows:
493	493	(b) The new certificate may not show that a parent-child
494	494	[the father and child] relationship was established after the
495	495	child's birth but may show the child's actual place and date of
496	496	birth.
497	497	SECTION 22. Section 152.310(d), Family Code, is amended to
498	498	read as follows:
499	499	(d) A privilege against disclosure of communications
500	500	between spouses and a defense of immunity based on the relationship
501	501	of spouses [husband and wife] or parent and child may not be invoked
502	502	in a proceeding under this subchapter.
503	503	SECTION 23. Section 153.312(b), Family Code, is amended to
504	504	read as follows:
505	505	(b) The following provisions govern possession of the child
506	506	for vacations and certain specific holidays and supersede
507	507	conflicting weekend or Thursday periods of possession. The
508	508	possessory conservator and the managing conservator shall have
509	509	rights of possession of the child as follows:
510	510	(1) the possessory conservator shall have possession
511	511	in even-numbered years, beginning at 6 p.m. on the day the child is
512	512	dismissed from school for the school's spring vacation and ending
513	513	at 6 p.m. on the day before school resumes after that vacation, and
514	514	the managing conservator shall have possession for the same period
515	515	in odd-numbered years;
516	516	(2) if a possessory conservator:
517	517	(A) gives the managing conservator written
518	518	notice by April 1 of each year specifying an extended period or
519	519	periods of summer possession, the possessory conservator shall have
520	520	possession of the child for 30 days beginning not earlier than the
521	521	day after the child's school is dismissed for the summer vacation
522	522	and ending not later than seven days before school resumes at the
523	523	end of the summer vacation, to be exercised in not more than two
524	524	separate periods of at least seven consecutive days each, with each
525	525	period of possession beginning and ending at 6 p.m. on each
526	526	applicable day; or
527	527	(B) does not give the managing conservator
528	528	written notice by April 1 of each year specifying an extended period
529	529	or periods of summer possession, the possessory conservator shall
530	530	have possession of the child for 30 consecutive days beginning at 6
531	531	p.m. on July 1 and ending at 6 p.m. on July 31;
532	532	(3) if the managing conservator gives the possessory
533	533	conservator written notice by April 15 of each year, the managing
534	534	conservator shall have possession of the child on any one weekend
535	535	beginning Friday at 6 p.m. and ending at 6 p.m. on the following
536	536	Sunday during one period of possession by the possessory
537	537	conservator under Subdivision (2), provided that the managing
538	538	conservator picks up the child from the possessory conservator and
539	539	returns the child to that same place; and
540	540	(4) if the managing conservator gives the possessory
541	541	conservator written notice by April 15 of each year or gives the
542	542	possessory conservator 14 days' written notice on or after April 16
543	543	of each year, the managing conservator may designate one weekend
544	544	beginning not earlier than the day after the child's school is
545	545	dismissed for the summer vacation and ending not later than seven
546	546	days before school resumes at the end of the summer vacation, during
547	547	which an otherwise scheduled weekend period of possession by the
548	548	possessory conservator will not take place, provided that the
549	549	weekend designated does not interfere with the possessory
550	550	conservator's period or periods of extended summer possession or
551	551	with Father's Day if the possessory conservator is a [the] father of
552	552	the child who is entitled to possession of the child for Father's
553	553	Day weekend that year.
554	554	SECTION 24. Sections 153.313 and 153.314, Family Code, are
555	555	amended to read as follows:
556	556	Sec. 153.313. PARENTS WHO RESIDE OVER 100 MILES APART. If
557	557	the possessory conservator resides more than 100 miles from the
558	558	residence of the child, the possessory conservator shall have the
559	559	right to possession of the child as follows:
560	560	(1) either regular weekend possession beginning on the
561	561	first, third, and fifth Friday as provided under the terms
562	562	applicable to parents who reside 100 miles or less apart or not more
563	563	than one weekend per month of the possessory conservator's choice
564	564	beginning at 6 p.m. on the day school recesses for the weekend and
565	565	ending at 6 p.m. on the day before school resumes after the weekend,
566	566	provided that the possessory conservator gives the managing
567	567	conservator 14 days' written or telephonic notice preceding a
568	568	designated weekend, and provided that the possessory conservator
569	569	elects an option for this alternative period of possession by
570	570	written notice given to the managing conservator within 90 days
571	571	after the parties begin to reside more than 100 miles apart, as
572	572	applicable;
573	573	(2) each year beginning at 6 p.m. on the day the child
574	574	is dismissed from school for the school's spring vacation and
575	575	ending at 6 p.m. on the day before school resumes after that
576	576	vacation;
577	577	(3) if the possessory conservator:
578	578	(A) gives the managing conservator written
579	579	notice by April 1 of each year specifying an extended period or
580	580	periods of summer possession, the possessory conservator shall have
581	581	possession of the child for 42 days beginning not earlier than the
582	582	day after the child's school is dismissed for the summer vacation
583	583	and ending not later than seven days before school resumes at the
584	584	end of the summer vacation, to be exercised in not more than two
585	585	separate periods of at least seven consecutive days each, with each
586	586	period of possession beginning and ending at 6 p.m. on each
587	587	applicable day; or
588	588	(B) does not give the managing conservator
589	589	written notice by April 1 of each year specifying an extended period
590	590	or periods of summer possession, the possessory conservator shall
591	591	have possession of the child for 42 consecutive days beginning at 6
592	592	p.m. on June 15 and ending at 6 p.m. on July 27;
593	593	(4) if the managing conservator gives the possessory
594	594	conservator written notice by April 15 of each year the managing
595	595	conservator shall have possession of the child on one weekend
596	596	beginning Friday at 6 p.m. and ending at 6 p.m. on the following
597	597	Sunday during one period of possession by the possessory
598	598	conservator under Subdivision (3), provided that if a period of
599	599	possession by the possessory conservator exceeds 30 days, the
600	600	managing conservator may have possession of the child under the
601	601	terms of this subdivision on two nonconsecutive weekends during
602	602	that time period, and further provided that the managing
603	603	conservator picks up the child from the possessory conservator and
604	604	returns the child to that same place; and
605	605	(5) if the managing conservator gives the possessory
606	606	conservator written notice by April 15 of each year, the managing
607	607	conservator may designate 21 days beginning not earlier than the
608	608	day after the child's school is dismissed for the summer vacation
609	609	and ending not later than seven days before school resumes at the
610	610	end of the summer vacation, to be exercised in not more than two
611	611	separate periods of at least seven consecutive days each, with each
612	612	period of possession beginning and ending at 6 p.m. on each
613	613	applicable day, during which the possessory conservator may not
614	614	have possession of the child, provided that the period or periods so
615	615	designated do not interfere with the possessory conservator's
616	616	period or periods of extended summer possession or with Father's
617	617	Day if the possessory conservator is a [the] father of the child who
618	618	is entitled to possession of the child for Father's Day weekend that
619	619	year.
620	620	Sec. 153.314. HOLIDAY POSSESSION UNAFFECTED BY DISTANCE
621	621	PARENTS RESIDE APART. The following provisions govern possession
622	622	of the child for certain specific holidays and supersede
623	623	conflicting weekend or Thursday periods of possession without
624	624	regard to the distance the parents reside apart. The possessory
625	625	conservator and the managing conservator shall have rights of
626	626	possession of the child as follows:
627	627	(1) the possessory conservator shall have possession
628	628	of the child in even-numbered years beginning at 6 p.m. on the day
629	629	the child is dismissed from school for the Christmas school
630	630	vacation and ending at noon on December 28, and the managing
631	631	conservator shall have possession for the same period in
632	632	odd-numbered years;
633	633	(2) the possessory conservator shall have possession
634	634	of the child in odd-numbered years beginning at noon on December 28
635	635	and ending at 6 p.m. on the day before school resumes after that
636	636	vacation, and the managing conservator shall have possession for
637	637	the same period in even-numbered years;
638	638	(3) the possessory conservator shall have possession
639	639	of the child in odd-numbered years, beginning at 6 p.m. on the day
640	640	the child is dismissed from school before Thanksgiving and ending
641	641	at 6 p.m. on the following Sunday, and the managing conservator
642	642	shall have possession for the same period in even-numbered years;
643	643	(4) the parent not otherwise entitled under this
644	644	standard possession order to present possession of a child on the
645	645	child's birthday shall have possession of the child beginning at 6
646	646	p.m. and ending at 8 p.m. on that day, provided that the parent
647	647	picks up the child from the residence of the conservator entitled to
648	648	possession and returns the child to that same place;
649	649	(5) if a conservator, the father shall have possession
650	650	of the child beginning at 6 p.m. on the Friday preceding Father's
651	651	Day and ending on Father's Day at 6 p.m., provided that, if he is not
652	652	otherwise entitled under this standard possession order to present
653	653	possession of the child, he picks up the child from the residence of
654	654	the conservator entitled to possession and returns the child to
655	655	that same place, except if the child has two fathers appointed as
656	656	conservators, the managing conservator shall have possession of the
657	657	child for the period described by this subdivision in even-numbered
658	658	years and the possessory conservator shall have possession of the
659	659	child for that period in odd-numbered years; and
660	660	(6) if a conservator, the mother shall have possession
661	661	of the child beginning at 6 p.m. on the Friday preceding Mother's
662	662	Day and ending on Mother's Day at 6 p.m., provided that, if she is
663	663	not otherwise entitled under this standard possession order to
664	664	present possession of the child, she picks up the child from the
665	665	residence of the conservator entitled to possession and returns the
666	666	child to that same place, except if the child has two mothers
667	667	appointed as conservators, the managing conservator shall have
668	668	possession of the child for the period described by this
669	669	subdivision in even-numbered years and the possessory conservator
670	670	shall have possession of the child for that period in odd-numbered
671	671	years.
672	672	SECTION 25. Section 159.316(i), Family Code, is amended to
673	673	read as follows:
674	674	(i) The defense of immunity based on the relationship of
675	675	spouses [husband and wife] or parent and child does not apply in a
676	676	proceeding under this chapter.
677	677	SECTION 26. Section 162.014(a), Family Code, is amended to
678	678	read as follows:
679	679	(a) If the joint petitioners are spouses [husband and wife]
680	680	and it would be unduly difficult for one of the petitioners to
681	681	appear at the hearing, the court may waive the attendance of that
682	682	petitioner if the other spouse is present.
683	683	SECTION 27. Section 24.601(b), Government Code, is amended
684	684	to read as follows:
685	685	(b) A family district court has primary responsibility for
686	686	cases involving family law matters. These matters include:
687	687	(1) adoptions;
688	688	(2) birth records;
689	689	(3) divorce and marriage annulment;
690	690	(4) child welfare, custody, support and reciprocal
691	691	support, dependency, neglect, and delinquency;
692	692	(5) parent and child; and
693	693	(6) spouses [husband and wife].
694	694	SECTION 28. Section 573.025(a), Government Code, is amended
695	695	to read as follows:
696	696	(a) Spouses [A husband and wife] are related to each other
697	697	in the first degree by affinity. For other relationships by
698	698	affinity, the degree of relationship is the same as the degree of
699	699	the underlying relationship by consanguinity. For example: if two
700	700	individuals are related to each other in the second degree by
701	701	consanguinity, the spouse of one of the individuals is related to
702	702	the other individual in the second degree by affinity.
703	703	SECTION 29. Section 85.007(b), Health and Safety Code, is
704	704	amended to read as follows:
705	705	(b) The materials in the education programs intended for
706	706	persons younger than 18 years of age must[:
707	707	[(1)] emphasize sexual abstinence before marriage and
708	708	fidelity in marriage as the expected standard in terms of public
709	709	health and the most effective ways to prevent HIV infection,
710	710	sexually transmitted diseases, and unwanted pregnancies[; and
711	711	[(2) state that homosexual conduct is not an
712	712	acceptable lifestyle and is a criminal offense under Section 21.06,
713	713	Penal Code].
714	714	SECTION 30. Section 163.002, Health and Safety Code, is
715	715	amended to read as follows:
716	716	Sec. 163.002. INSTRUCTIONAL ELEMENTS. Course materials and
717	717	instruction relating to sexual education or sexually transmitted
718	718	diseases should include:
719	719	(1) an emphasis on sexual abstinence as the only
720	720	completely reliable method of avoiding unwanted teenage pregnancy
721	721	and sexually transmitted diseases;
722	722	(2) an emphasis on the importance of self-control,
723	723	responsibility, and ethical conduct in making decisions relating to
724	724	sexual behavior;
725	725	(3) statistics, based on the latest medical
726	726	information, that indicate the efficacy of the various forms of
727	727	contraception;
728	728	(4) information concerning the laws relating to the
729	729	financial responsibilities associated with pregnancy, childbirth,
730	730	and child rearing;
731	731	(5) information concerning the laws prohibiting
732	732	sexual abuse and the legal and counseling options available to
733	733	victims of sexual abuse;
734	734	(6) information on how to cope with and rebuff
735	735	unwanted physical and verbal sexual advances, as well as the
736	736	importance of avoiding the sexual exploitation of other persons;
737	737	(7) psychologically sound methods of resisting
738	738	unwanted peer pressure; and
739	739	(8) emphasis, provided in a factual manner and from a
740	740	public health perspective, that homosexuality is not a lifestyle
741	741	acceptable to the general public [and that homosexual conduct is a
742	742	criminal offense under Section 21.06, Penal Code].
743	743	SECTION 31. Section 164.052(a), Occupations Code, is
744	744	amended to read as follows:
745	745	(a) A physician or an applicant for a license to practice
746	746	medicine commits a prohibited practice if that person:
747	747	(1) submits to the board a false or misleading
748	748	statement, document, or certificate in an application for a
749	749	license;
750	750	(2) presents to the board a license, certificate, or
751	751	diploma that was illegally or fraudulently obtained;
752	752	(3) commits fraud or deception in taking or passing an
753	753	examination;
754	754	(4) uses alcohol or drugs in an intemperate manner
755	755	that, in the board's opinion, could endanger a patient's life;
756	756	(5) commits unprofessional or dishonorable conduct
757	757	that is likely to deceive or defraud the public, as provided by
758	758	Section 164.053, or injure the public;
759	759	(6) uses an advertising statement that is false,
760	760	misleading, or deceptive;
761	761	(7) advertises professional superiority or the
762	762	performance of professional service in a superior manner if that
763	763	advertising is not readily subject to verification;
764	764	(8) purchases, sells, barters, or uses, or offers to
765	765	purchase, sell, barter, or use, a medical degree, license,
766	766	certificate, or diploma, or a transcript of a license, certificate,
767	767	or diploma in or incident to an application to the board for a
768	768	license to practice medicine;
769	769	(9) alters, with fraudulent intent, a medical license,
770	770	certificate, or diploma, or a transcript of a medical license,
771	771	certificate, or diploma;
772	772	(10) uses a medical license, certificate, or diploma,
773	773	or a transcript of a medical license, certificate, or diploma that
774	774	has been:
775	775	(A) fraudulently purchased or issued;
776	776	(B) counterfeited; or
777	777	(C) materially altered;
778	778	(11) impersonates or acts as proxy for another person
779	779	in an examination required by this subtitle for a medical license;
780	780	(12) engages in conduct that subverts or attempts to
781	781	subvert an examination process required by this subtitle for a
782	782	medical license;
783	783	(13) impersonates a physician or permits another to
784	784	use the person's license or certificate to practice medicine in
785	785	this state;
786	786	(14) directly or indirectly employs a person whose
787	787	license to practice medicine has been suspended, canceled, or
788	788	revoked;
789	789	(15) associates in the practice of medicine with a
790	790	person:
791	791	(A) whose license to practice medicine has been
792	792	suspended, canceled, or revoked; or
793	793	(B) who has been convicted of the unlawful
794	794	practice of medicine in this state or elsewhere;
795	795	(16) performs or procures a criminal abortion, aids or
796	796	abets in the procuring of a criminal abortion, attempts to perform
797	797	or procure a criminal abortion, or attempts to aid or abet the
798	798	performance or procurement of a criminal abortion;
799	799	(17) directly or indirectly aids or abets the practice
800	800	of medicine by a person, partnership, association, or corporation
801	801	that is not licensed to practice medicine by the board;
802	802	(18) performs an abortion on a woman who is pregnant
803	803	with a viable unborn child during the third trimester of the
804	804	pregnancy unless:
805	805	(A) the abortion is necessary to prevent the
806	806	death of the woman;
807	807	(B) the viable unborn child has a severe,
808	808	irreversible brain impairment; or
809	809	(C) the woman is diagnosed with a significant
810	810	likelihood of suffering imminent severe, irreversible brain damage
811	811	or imminent severe, irreversible paralysis;
812	812	(19) performs an abortion on an unemancipated minor
813	813	without the written consent of the child's parent, managing
814	814	conservator, or legal guardian or without a court order, as
815	815	provided by Section 33.003 or 33.004, Family Code, unless the
816	816	abortion is necessary due to a medical emergency, as defined by
817	817	Section 171.002, Health and Safety Code;
818	818	(20) otherwise performs an abortion on an
819	819	unemancipated minor in violation of Chapter 33, Family Code;
820	820	(21) performs or induces or attempts to perform or
821	821	induce an abortion in violation of Subchapter C, F, or G, Chapter
822	822	171, Health and Safety Code;
823	823	(22) in complying with the procedures outlined in
824	824	Sections 166.045 and 166.046, Health and Safety Code, wilfully
825	825	fails to make a reasonable effort to transfer a patient to a
826	826	physician who is willing to comply with a directive; or
827	827	(23) performs or delegates to another individual the
828	828	performance of a pelvic examination on an anesthetized or
829	829	unconscious patient in violation of Section 167A.002, Health and
830	830	Safety Code [; or
831	831	[(24) performs a gender transitioning or gender
832	832	reassignment procedure or treatment in violation of Section
833	833	161.702, Health and Safety Code].
834	834	SECTION 32. Section 21.11(b), Penal Code, is amended to
835	835	read as follows:
836	836	(b) It is an affirmative defense to prosecution under this
837	837	section that the actor:
838	838	(1) was not more than three years older than the victim
839	839	[and of the opposite sex];
840	840	(2) did not use duress, force, or a threat against the
841	841	victim at the time of the offense; and
842	842	(3) at the time of the offense:
843	843	(A) was not required under Chapter 62, Code of
844	844	Criminal Procedure, to register for life as a sex offender; or
845	845	(B) was not a person who under Chapter 62, Code of
846	846	Criminal Procedure, had a reportable conviction or adjudication for
847	847	an offense under this section.
848	848	SECTION 33. Section 301.003, Property Code, is amended by
849	849	amending Subdivision (6) and adding Subdivisions (9-a) and (10-a)
850	850	to read as follows:
851	851	(6) "Disability" means a mental or physical impairment
852	852	that substantially limits at least one major life activity, a
853	853	record of the impairment, or being regarded as having the
854	854	impairment. The term does not include current illegal use or
855	855	addiction to any drug or illegal or federally controlled substance
856	856	[and does not apply to an individual because of an individual's
857	857	sexual orientation or because that individual is a transvestite].
858	858	(9-a) "Gender identity or expression" means having or
859	859	being perceived as having a gender-related identity, appearance,
860	860	expression, or behavior, regardless of whether that identity,
861	861	appearance, expression, or behavior is different from that commonly
862	862	associated with the individual's actual or perceived sex.
863	863	(10-a) "Sexual orientation" means the actual or
864	864	perceived status of an individual with respect to the individual's
865	865	sexuality.
866	866	SECTION 34. Sections 301.021(a) and (b), Property Code, are
867	867	amended to read as follows:
868	868	(a) A person may not refuse to sell or rent, after the making
869	869	of a bona fide offer, refuse to negotiate for the sale or rental of,
870	870	or in any other manner make unavailable or deny a dwelling to
871	871	another because of race, color, religion, sex, familial status,
872	872	[or] national origin, sexual orientation, or gender identity or
873	873	expression.
874	874	(b) A person may not discriminate against another in the
875	875	terms, conditions, or privileges of sale or rental of a dwelling or
876	876	in providing services or facilities in connection with a sale or
877	877	rental of a dwelling because of race, color, religion, sex,
878	878	familial status, [or] national origin, sexual orientation, or
879	879	gender identity or expression.
880	880	SECTION 35. Section 301.022, Property Code, is amended to
881	881	read as follows:
882	882	Sec. 301.022. PUBLICATION. A person may not make, print, or
883	883	publish or effect the making, printing, or publishing of a notice,
884	884	statement, or advertisement that is about the sale or rental of a
885	885	dwelling and that indicates any preference, limitation, or
886	886	discrimination or the intention to make a preference, limitation,
887	887	or discrimination because of race, color, religion, sex,
888	888	disability, familial status, [or] national origin, sexual
889	889	orientation, or gender identity or expression.
890	890	SECTION 36. Section 301.023, Property Code, is amended to
891	891	read as follows:
892	892	Sec. 301.023. INSPECTION. A person may not represent to
893	893	another because of race, color, religion, sex, disability, familial
894	894	status, [or] national origin, sexual orientation, or gender
895	895	identity or expression that a dwelling is not available for
896	896	inspection for sale or rental when the dwelling is available for
897	897	inspection.
898	898	SECTION 37. Section 301.024, Property Code, is amended to
899	899	read as follows:
900	900	Sec. 301.024. ENTRY INTO NEIGHBORHOOD. A person may not,
901	901	for profit, induce or attempt to induce another to sell or rent a
902	902	dwelling by representations regarding the entry or prospective
903	903	entry into a neighborhood of a person of a particular race, color,
904	904	religion, sex, disability, familial status, [or] national origin,
905	905	sexual orientation, or gender identity or expression.
906	906	SECTION 38. Section 301.026(a), Property Code, is amended
907	907	to read as follows:
908	908	(a) A person whose business includes engaging in
909	909	residential real estate related transactions may not discriminate
910	910	against another in making a real estate related transaction
911	911	available or in the terms or conditions of a real estate related
912	912	transaction because of race, color, religion, sex, disability,
913	913	familial status, [or] national origin, sexual orientation, or
914	914	gender identity or expression.
915	915	SECTION 39. Section 301.027, Property Code, is amended to
916	916	read as follows:
917	917	Sec. 301.027. BROKERAGE SERVICES. A person may not deny
918	918	another access to, or membership or participation in, a
919	919	multiple-listing service, real estate brokers' organization, or
920	920	other service, organization, or facility relating to the business
921	921	of selling or renting dwellings, or discriminate against a person
922	922	in the terms or conditions of access, membership, or participation
923	923	in such an organization, service, or facility because of race,
924	924	color, religion, sex, disability, familial status, [or] national
925	925	origin, sexual orientation, or gender identity or expression.
926	926	SECTION 40. Sections 301.042(a) and (c), Property Code, are
927	927	amended to read as follows:
928	928	(a) This chapter does not prohibit a religious
929	929	organization, association, or society or a nonprofit institution or
930	930	organization operated, supervised, or controlled by or in
931	931	conjunction with a religious organization, association, or society
932	932	from:
933	933	(1) limiting the sale, rental, or occupancy of
934	934	dwellings that it owns or operates for other than a commercial
935	935	purpose to persons of the same religion; or
936	936	(2) giving preference to persons of the same religion,
937	937	unless membership in the religion is restricted because of race,
938	938	color, sex, disability, familial status, [or] national origin,
939	939	sexual orientation, or gender identity or expression.
940	940	(c) This chapter does not prohibit a person engaged in the
941	941	business of furnishing appraisals of real property from considering
942	942	in those appraisals factors other than race, color, religion, sex,
943	943	disability, familial status, [or] national origin, sexual
944	944	orientation, or gender identity or expression.
945	945	SECTION 41. Section 301.068, Property Code, is amended to
946	946	read as follows:
947	947	Sec. 301.068. REFERRAL TO MUNICIPALITY. (a) Subject to
948	948	Subsection (b), the [The] commission may defer proceedings under
949	949	this chapter and refer a complaint to a municipality that has been
950	950	certified by the federal Department of Housing and Urban
951	951	Development as a substantially equivalent fair housing agency.
952	952	(b) The commission may not defer proceedings and refer a
953	953	complaint under Subsection (a) to a municipality in which the
954	954	alleged discrimination occurred if:
955	955	(1) the complaint alleges discrimination based on
956	956	sexual orientation or gender identity or expression; and
957	957	(2) the municipality does not have laws prohibiting
958	958	the alleged discrimination.
959	959	SECTION 42. Section 301.171(a), Property Code, is amended
960	960	to read as follows:
961	961	(a) A person commits an offense if the person, without
962	962	regard to whether the person is acting under color of law, by force
963	963	or threat of force intentionally intimidates or interferes with a
964	964	person:
965	965	(1) because of the person's race, color, religion,
966	966	sex, disability, familial status, [or] national origin, sexual
967	967	orientation, or gender identity or expression and because the
968	968	person is or has been selling, purchasing, renting, financing,
969	969	occupying, or contracting or negotiating for the sale, purchase,
970	970	rental, financing, or occupation of any dwelling or applying for or
971	971	participating in a service, organization, or facility relating to
972	972	the business of selling or renting dwellings; or
973	973	(2) because the person is or has been or to intimidate
974	974	the person from:
975	975	(A) participating, without discrimination
976	976	because of race, color, religion, sex, disability, familial status,
977	977	[or] national origin, sexual orientation, or gender identity or
978	978	expression, in an activity, service, organization, or facility
979	979	described by Subdivision (1); [or]
980	980	(B) affording another person opportunity or
981	981	protection to so participate; or
982	982	(C) lawfully aiding or encouraging other persons
983	983	to participate, without discrimination because of race, color,
984	984	religion, sex, disability, familial status, [or] national origin,
985	985	sexual orientation, or gender identity or expression, in an
986	986	activity, service, organization, or facility described by
987	987	Subdivision (1).
988	988	SECTION 43. The following laws are repealed:
989	989	(1) Section 2.001(b), Family Code;
990	990	(2) Section 6.204, Family Code;
991	991	(3) Sections 810.001(g), (h), and (i), Government
992	992	Code;
993	993	(4) Section 62.151(g), Health and Safety Code;
994	994	(5) Subchapter X, Chapter 161, Health and Safety Code,
995	995	as added by Chapter 335 (S.B. 14), Acts of the 88th Legislature,
996	996	Regular Session, 2023;
997	997	(6) Section 32.024(pp), Human Resources Code;
998	998	(7) Section 164.0552, Occupations Code; and
999	999	(8) Section 21.06, Penal Code.
1000	1000	SECTION 44. Article 42.014, Code of Criminal Procedure, as
1001	1001	amended by this Act, applies only to an offense committed on or
1002	1002	after the effective date of this Act. An offense committed before
1003	1003	the effective date of this Act is governed by the law in effect on
1004	1004	the date the offense was committed, and the former law is continued
1005	1005	in effect for that purpose. For purposes of this section, an offense
1006	1006	was committed before the effective date of this Act if any element
1007	1007	of the offense occurred before that date.
1008	1008	SECTION 45. (a) Notwithstanding Section 11.172(e),
1009	1009	Education Code, as added by this Act, each school district and
1010	1010	open-enrollment charter school shall submit to the Texas Education
1011	1011	Agency information described by that subsection for the 2025-2026
1012	1012	school year not later than October 1, 2026, and the Texas Education
1013	1013	Agency shall include the submitted information in the comprehensive
1014	1014	biennial report required by Section 39.332, Education Code, to be
1015	1015	submitted by the agency not later than December 1, 2026. As
1016	1016	authorized by Section 11.172(e), Education Code, as added by this
1017	1017	Act, the commissioner of education in a timely manner shall adopt
1018	1018	any rules necessary to implement the deadlines specified by this
1019	1019	subsection.
1020	1020	(b) Beginning with the comprehensive biennial report
1021	1021	required by Section 39.332, Education Code, to be submitted not
1022	1022	later than December 1, 2028, the Texas Education Agency shall
1023	1023	include information submitted by school districts and
1024	1024	open-enrollment charter schools in accordance with Section
1025	1025	11.172(e), Education Code, as added by this Act, for the preceding
1026	1026	two school years.
1027	1027	(c) Section 11.172, Education Code, as added by this Act,
1028	1028	applies beginning with the 2025-2026 school year.
1029	1029	SECTION 46. Section 121.151, Estates Code, as amended by
1030	1030	this Act, applies only to the estate of a decedent who dies on or
1031	1031	after the effective date of this Act. The estate of a decedent who
1032	1032	dies before the effective date of this Act is governed by the law as
1033	1033	it existed immediately before the effective date of this Act, and
1034	1034	that law is continued in effect for that purpose.
1035	1035	SECTION 47. Section 1104.001, Estates Code, as amended by
1036	1036	this Act, applies only to an application for the appointment of a
1037	1037	guardian filed on or after the effective date of this Act. An
1038	1038	application for appointment of a guardian filed before the
1039	1039	effective date of this Act is governed by the law in effect on the
1040	1040	date the application was filed, and that law is continued in effect
1041	1041	for that purpose.
1042	1042	SECTION 48. Section 108.009(b), Family Code, as amended by
1043	1043	this Act, applies only to a new birth certificate for a child born
1044	1044	on or after the effective date of this Act. A new birth certificate
1045	1045	for a child born before that date is governed by the law in effect on
1046	1046	the date the child was born, and the former law is continued in
1047	1047	effect for that purpose.
1048	1048	SECTION 49. Sections 153.312(b), 153.313, and 153.314,
1049	1049	Family Code, as amended by this Act, apply only to a court order
1050	1050	providing for possession of or access to a child rendered on or
1051	1051	after the effective date of this Act. A court order rendered before
1052	1052	the effective date of this Act is governed by the law in effect on
1053	1053	the date the order was rendered, and the former law is continued in
1054	1054	effect for that purpose.
1055	1055	SECTION 50. Sections 159.316 and 162.014, Family Code, as
1056	1056	amended by this Act, apply only to a suit affecting the parent-child
1057	1057	relationship filed on or after the effective date of this Act. A
1058	1058	suit affecting the parent-child relationship filed before that date
1059	1059	is governed by the law in effect on the date the suit was filed, and
1060	1060	that law is continued in effect for that purpose.
1061	1061	SECTION 51. Section 24.601, Government Code, as amended by
1062	1062	this Act, applies only to an action filed on or after the effective
1063	1063	date of this Act. An action filed before the effective date of this
1064	1064	Act is governed by the law on the date the action was filed, and that
1065	1065	law is continued in effect for that purpose.
1066	1066	SECTION 52. Section 164.052, Occupations Code, as amended
1067	1067	by this Act, and Section 164.0552, Occupations Code, as repealed by
1068	1068	this Act, apply only to conduct that occurs on or after the
1069	1069	effective date of this Act. Conduct that occurs before the
1070	1070	effective date of this Act is governed by the law in effect on the
1071	1071	date the conduct occurred, and the former law is continued in effect
1072	1072	for that purpose.
1073	1073	SECTION 53. Section 21.11(b), Penal Code, as amended by
1074	1074	this Act, applies to an offense committed on or after the effective
1075	1075	date of this Act and to any criminal action pending on the effective
1076	1076	date of this Act for an offense committed before that effective
1077	1077	date. A final conviction for an offense under Section 21.11, Penal
1078	1078	Code, that exists on the effective date of this Act is unaffected by
1079	1079	this Act.
1080	1080	SECTION 54. Sections 301.003, 301.021, 301.022, 301.023,
1081	1081	301.024, 301.026, 301.027, 301.042, 301.068, and 301.171, Property
1082	1082	Code, as amended by this Act, apply only to a complaint filed with
1083	1083	the Texas Workforce Commission civil rights division on or after
1084	1084	the effective date of this Act. A complaint filed before that date
1085	1085	is governed by the law as it existed immediately before the
1086	1086	effective date of this Act, and that law is continued in effect for
1087	1087	that purpose.
1088	1088	SECTION 55. To the extent of any conflict, this Act prevails
1089	1089	over another Act of the 89th Legislature, Regular Session, 2025,
1090	1090	relating to nonsubstantive additions to and corrections in enacted
1091	1091	codes.
1092	1092	SECTION 56. (a) Except as otherwise provided by Subsection
1093	1093	(b) of this section, this Act takes effect September 1, 2025.
1094	1094	(b) Section 11.172, Education Code, as added by this Act,
1095	1095	takes effect immediately if this Act receives a vote of two-thirds
1096	1096	of all the members elected to each house, as provided by Section 39,
1097	1097	Article III, Texas Constitution. If this Act does not receive the
1098	1098	vote necessary for Section 11.172, Education Code, as added by this
1099	1099	Act, to have immediate effect, that section takes effect September
1100	1100	1, 2025.