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A BILL TO BE ENTITLED
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AN ACT
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relating to the prohibition of certain discrimination; authorizing |
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civil penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is |
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amended by adding Chapter 113 to read as follows: |
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CHAPTER 113. DISCRIMINATION IN PLACES OF PUBLIC ACCOMMODATION |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 113.001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Texas Workforce |
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Commission. |
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(2) "Complainant" means an individual who brings an |
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action or proceeding under this chapter. |
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(3) "Discriminatory practice" means an act prohibited |
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by this chapter. |
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(4) "Executive director" means the executive director |
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of the commission. |
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(5) "Gender identity" means the gender-related |
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identity, appearance, or other gender-related characteristics of |
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an individual with or without regard to the individual's designated |
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sex at birth. |
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(6) "Military veteran" means a person who: |
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(A) has served in: |
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(i) the armed forces of the United States or |
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the United States Public Health Service under 42 U.S.C. Section 201 |
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et seq.; |
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(ii) the state military forces, as defined |
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by Section 431.001, Government Code; or |
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(iii) an auxiliary service of a branch of |
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the armed forces described by Subparagraph (i) or (ii); and |
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(B) has been honorably discharged from the branch |
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of the service in which the person served. |
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(7) "Person" means: |
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(A) an individual; |
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(B) a corporation, partnership, association, |
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unincorporated organization, labor organization, mutual company, |
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joint-stock company, and trust; and |
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(C) a legal representative, a trustee, a trustee |
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in a case under Title 11, U.S.C., a receiver, and a fiduciary. |
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(8) "Public accommodation" means a business or other |
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entity that offers to the public any good, service, privilege, |
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facility, or accommodation. |
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(9) "Respondent" means a person charged in a complaint |
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filed under this chapter. |
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(10) "Sexual orientation" means an individual's actual |
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or perceived heterosexuality, bisexuality, or homosexuality. |
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Sec. 113.002. RULES. The commission may adopt rules |
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necessary to implement this chapter. |
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SUBCHAPTER B. DISCRIMINATION IN PUBLIC ACCOMMODATIONS PROHIBITED |
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Sec. 113.051. PUBLIC ACCOMMODATIONS. (a) A person engages |
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in a discriminatory practice and violates this chapter if the |
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person, because of the race, color, disability, religion, sex, |
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national origin, age, sexual orientation, or gender identity of an |
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individual, or because of the individual's status as a military |
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veteran: |
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(1) refuses, withholds, or denies that individual full |
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and equal accommodation in any place of public accommodation in |
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this state; |
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(2) publishes, circulates, issues, displays, posts, |
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or mails, either directly or indirectly, any communication, notice, |
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or advertisement to the effect that any good, service, privilege, |
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facility, or accommodation of a place of public accommodation in |
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this state will be refused, withheld, or denied; or |
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(3) otherwise discriminates against or segregates or |
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separates the individual in a place of public accommodation based |
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on race, color, disability, religion, sex, national origin, age, |
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sexual orientation, or gender identity or based on the individual's |
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status as a military veteran. |
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(b) This section does not apply to a private club, a place of |
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accommodation owned by or operated on behalf of a religious |
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corporation, association, or society that is not in fact open to the |
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public, or any other establishment that is not in fact open to the |
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public. |
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(c) This section does not prohibit the provision of a |
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special benefit, incentive, discount, or promotion through a |
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private or public program to assist persons who: |
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(1) are 50 years of age or older; or |
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(2) are military veterans or family members of |
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military veterans. |
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(d) This section does not supersede or interfere with any |
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state law or local ordinance that prohibits a person under the age |
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of 21 from entering a place of public accommodation. |
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SUBCHAPTER C. ADMINISTRATIVE ENFORCEMENT |
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Sec. 113.101. FILING OF COMPLAINT; FORM AND CONTENT; |
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SERVICE. (a) A person claiming to be aggrieved by an alleged |
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discriminatory practice or the person's agent may file a complaint |
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with the commission. |
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(b) The complaint must be in writing and made under oath. |
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(c) The complaint must state: |
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(1) that a discriminatory practice has been committed; |
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(2) the facts on which the complaint is based, |
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including the date, place, and circumstances of the alleged |
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discriminatory practice; and |
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(3) facts sufficient to enable the commission to |
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identify the respondent. |
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(d) The executive director or the executive director's |
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designee shall serve the respondent with a copy of the perfected |
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complaint not later than the 10th day after the date the complaint |
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is filed. |
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(e) A complaint may be amended to cure technical defects or |
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omissions, including a failure to verify the complaint or to |
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clarify and amplify an allegation made in the complaint. |
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(f) An amendment to a complaint alleging additional facts |
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that constitute discriminatory practices relating to or arising |
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from the subject matter of the original complaint relates back to |
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the date the complaint was first received by the commission. |
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(g) If a perfected complaint is not received by the |
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commission within 180 days of the alleged discriminatory practice, |
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the commission shall notify the respondent that a complaint has |
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been filed and that the process of perfecting the complaint is in |
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progress. |
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Sec. 113.102. STATUTE OF LIMITATIONS. (a) A complaint |
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under this subchapter must be filed not later than the 180th day |
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after the date the alleged discriminatory practice occurred. |
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(b) The commission shall dismiss an untimely complaint. |
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Sec. 113.103. ALTERNATIVE DISPUTE RESOLUTION; OFFICE. (a) |
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The use of alternative means of dispute resolution, including |
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settlement negotiations, conciliation, facilitation, mediation, |
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fact-finding, minitrials, and arbitration, is encouraged to |
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resolve disputes arising under this chapter. The settlement of a |
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disputed claim under this chapter that results from the use of |
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traditional or alternative means of dispute resolution is binding |
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on the parties to the claim. |
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(b) The commission shall establish an office of alternative |
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dispute resolution. At any time after a complaint is received under |
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Section 113.101, at the request of a party or at the direction of |
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the commission, the matter may be referred to the office of |
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alternative dispute resolution. |
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Sec. 113.104. INVESTIGATION BY COMMISSION. (a) The |
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executive director or a staff member of the commission designated |
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by the executive director shall investigate a complaint and |
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determine if there is reasonable cause to believe that the |
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respondent engaged in a discriminatory practice as alleged in the |
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complaint. |
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(b) If the federal government has referred the complaint to |
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the commission or has deferred jurisdiction over the subject matter |
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of the complaint to the commission, the executive director or the |
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executive director's designee shall promptly investigate the |
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allegations stated in the complaint. |
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Sec. 113.105. LACK OF REASONABLE CAUSE; DISMISSAL OF |
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COMPLAINT. (a) If after investigation the executive director or |
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the executive director's designee determines that reasonable cause |
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does not exist to believe that the respondent engaged in a |
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discriminatory practice as alleged in a complaint, the executive |
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director or the executive director's designee shall issue a written |
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determination, incorporating the finding that the evidence does not |
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support the complaint and dismissing the complaint. |
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(b) The executive director or the executive director's |
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designee shall serve a copy of the determination on the |
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complainant, the respondent, and other agencies as required by law. |
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Sec. 113.106. DETERMINATION OF REASONABLE CAUSE; REVIEW BY |
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COMMISSION. (a) If after investigation the executive director or |
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the executive director's designee determines that there is |
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reasonable cause to believe that the respondent engaged in a |
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discriminatory practice as alleged in a complaint, the executive |
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director or the executive director's designee shall review with the |
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commission members the evidence in the record. |
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(b) If after the review at least two of the three commission |
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members determine that there is reasonable cause to believe that |
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the respondent engaged in a discriminatory practice, the executive |
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director shall: |
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(1) issue a written determination incorporating the |
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executive director's finding that the evidence supports the |
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complaint; and |
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(2) serve a copy of the determination on the |
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complainant, the respondent, and other agencies as required by law. |
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Sec. 113.107. RESOLUTION BY INFORMAL METHODS. (a) If a |
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determination of reasonable cause is made under Section 113.106, |
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the commission shall endeavor to eliminate the alleged |
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discriminatory practice by informal methods of conference, |
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conciliation, and persuasion. |
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(b) Without the written consent of the complainant and |
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respondent, the commission, its executive director, or its other |
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officers or employees may not disclose to the public information |
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about the efforts in a particular case to resolve an alleged |
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discriminatory practice by conference, conciliation, or |
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persuasion, regardless of whether there is a determination of |
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reasonable cause. |
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Sec. 113.108. NOTICE OF DISMISSAL OR UNRESOLVED COMPLAINT. |
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If the commission dismisses a complaint filed under Section 113.101 |
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or does not resolve the complaint before the 181st day after the |
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date the complaint was filed, the commission shall inform the |
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complainant of the dismissal or failure to resolve the complaint in |
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writing by certified mail. |
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Sec. 113.109. TEMPORARY INJUNCTIVE RELIEF. (a) If the |
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commission concludes from a preliminary investigation of a |
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discriminatory practice alleged in a complaint that prompt judicial |
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action is necessary to carry out the purpose of this chapter, the |
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commission shall file a petition seeking appropriate temporary |
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relief against the respondent pending final determination of a |
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proceeding under this chapter. |
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(b) The petition shall be filed in a district court in a |
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county in which: |
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(1) the alleged discriminatory practice that is the |
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subject of the complaint occurred; or |
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(2) the respondent resides. |
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(c) A court may not issue temporary injunctive relief unless |
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the commission shows: |
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(1) a substantial likelihood of success on the merits; |
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and |
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(2) irreparable harm to the complainant in the absence |
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of the preliminary relief pending final determination on the |
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merits. |
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Sec. 113.110. ELECTION OF REMEDIES. A person who has |
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initiated a court action or who has an action pending before an |
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administrative agency under other law or an order or ordinance of a |
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political subdivision of this state based on an act that would be a |
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discriminatory practice under this chapter may not file a complaint |
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under this subchapter for the same grievance. |
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SUBCHAPTER D. JUDICIAL ENFORCEMENT |
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Sec. 113.151. CIVIL ACTION BY COMMISSION. (a) The |
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commission may bring a civil action against a respondent if: |
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(1) the commission determines that there is reasonable |
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cause to believe that the respondent engaged in a discriminatory |
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practice; |
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(2) the commission's efforts to resolve the alleged |
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discriminatory practice to the satisfaction of the complainant and |
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respondent through conciliation have been unsuccessful; and |
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(3) a majority of the commissioners determines that |
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the civil action may achieve the purposes of this chapter. |
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(b) The complainant may intervene in a civil action brought |
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by the commission. |
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Sec. 113.152. NOTICE OF COMPLAINANT'S RIGHT TO FILE CIVIL |
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ACTION. (a) A complainant who receives notice under Section |
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113.108 that the complaint is dismissed or not resolved is entitled |
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to request from the commission a written notice of the |
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complainant's right to file a civil action. |
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(b) The complainant must request the notice in writing. |
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(c) The executive director may issue the notice. |
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(d) Failure to issue the notice of a complainant's right to |
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file a civil action does not affect the complainant's right under |
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this subchapter to bring a civil action against the respondent. |
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Sec. 113.153. CIVIL ACTION BY COMPLAINANT. Not later than |
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the 60th day after the date a notice of the right to file a civil |
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action is received, the complainant may bring a civil action |
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against the respondent. |
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Sec. 113.154. COMMISSION'S INTERVENTION IN CIVIL ACTION BY |
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COMPLAINANT. After receipt of a timely application, a court may |
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permit the commission to intervene in a civil action filed under |
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Section 113.153 if: |
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(1) the commission certifies that the case is of |
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general public importance; and |
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(2) before commencement of the action the commission |
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issued a determination of reasonable cause to believe that this |
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chapter was violated. |
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Sec. 113.155. STATUTE OF LIMITATIONS. A civil action may |
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not be brought under this subchapter later than the second |
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anniversary of the date the complaint relating to the action is |
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filed. |
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Sec. 113.156. ASSIGNMENT TO EARLY HEARING. The court shall |
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set an action brought under this subchapter for hearing at the |
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earliest practicable date to expedite the action. |
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Sec. 113.157. INJUNCTION; EQUITABLE RELIEF. On finding |
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that a respondent engaged in a discriminatory practice as alleged |
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in a complaint, a court may: |
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(1) prohibit by injunction the respondent from |
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engaging in the discriminatory practice; and |
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(2) order additional equitable relief as may be |
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appropriate. |
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Sec. 113.158. COMPENSATORY AND PUNITIVE DAMAGES. (a) On |
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finding that a respondent engaged in a discriminatory practice as |
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alleged in a complaint, a court may, as provided by this section, |
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award: |
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(1) compensatory damages; and |
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(2) punitive damages. |
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(b) A complainant may recover punitive damages against a |
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respondent, other than a respondent that is a governmental entity, |
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if the complainant demonstrates that the respondent engaged in a |
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discriminatory practice with malice or with reckless indifference |
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to the state-protected rights of an aggrieved individual. |
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Sec. 113.159. ATTORNEY'S FEES; COSTS. (a) In a proceeding |
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under this chapter, a court may allow the prevailing party, other |
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than the commission, a reasonable attorney's fee as part of the |
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costs. |
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(b) The state, a state agency, or a political subdivision is |
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liable for costs, including attorney's fees, to the same extent as a |
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private person. |
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(c) In awarding costs and attorney's fees in an action or a |
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proceeding under this chapter, the court, in its discretion, may |
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include reasonable expert fees. |
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Sec. 113.160. COMPELLED COMPLIANCE. If a person fails to |
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comply with a court order issued under this subchapter, a party to |
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the action or the commission, on the written request of a person |
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aggrieved by the failure, may commence proceedings to compel |
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compliance with the order. |
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Sec. 113.161. TRIAL DE NOVO. (a) A judicial proceeding |
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under this chapter is by trial de novo. |
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(b) A commission finding, recommendation, determination, or |
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other action is not binding on a court. |
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SUBCHAPTER E. ENFORCEMENT BY ATTORNEY GENERAL |
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Sec. 113.201. ENFORCEMENT BY ATTORNEY GENERAL; PATTERN OR |
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PRACTICE CASE. (a) If the commission determines that a person is |
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engaged in a pattern or practice of discriminatory practices under |
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this chapter or that an alleged violation raises an issue of general |
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public importance, the commission may request the attorney general |
|
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to file a civil action in district court for appropriate relief. |
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(b) In an action under this section, the court may: |
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(1) award equitable relief and other appropriate |
|
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relief, including monetary damages, a reasonable attorney's fee, |
|
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and court costs, available under Subchapter D for an action under |
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that subchapter; and |
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(2) to vindicate the public interest, assess a civil |
|
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penalty against the respondent in the amount not to exceed the |
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applicable amounts prescribed by Section 301.132, Property Code, |
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for a pattern or practice violation under the Texas Fair Housing |
|
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Act. |
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|
SECTION 2. Section 21.002, Labor Code, is amended by adding |
|
|
Subdivisions (9-a), (11-b), and (13-a) to read as follows: |
|
|
(9-a) "Gender identity" means the gender-related |
|
|
identity, appearance, or other gender-related characteristics of |
|
|
an individual with or without regard to the individual's designated |
|
|
sex at birth. |
|
|
(11-b) "Military veteran" means a person who: |
|
|
(A) has served in: |
|
|
(i) the armed forces of the United States or |
|
|
the United States Public Health Service under 42 U.S.C. Section 201 |
|
|
et seq.; |
|
|
(ii) the state military forces, as defined |
|
|
by Section 431.001, Government Code; or |
|
|
(iii) an auxiliary service of a branch of |
|
|
the armed forces described by Subparagraph (i) or (ii); and |
|
|
(B) has been honorably discharged from the branch |
|
|
of the service in which the person served. |
|
|
(13-a) "Sexual orientation" means an individual's |
|
|
actual or perceived heterosexuality, bisexuality, or |
|
|
homosexuality. |
|
|
SECTION 3. Section 21.005, Labor Code, is amended by adding |
|
|
Subsection (d) to read as follows: |
|
|
(d) A provision in this chapter prohibiting discrimination |
|
|
on the basis of an individual's status as a military veteran does |
|
|
not affect the operation or enforcement of a program under the laws |
|
|
of this state or the United States that is designed to give a |
|
|
preference to a military veteran in recognition of the veteran's |
|
|
service to this state or the United States, including a preference |
|
|
authorized under Section 302.154 or under Chapter 657, Government |
|
|
Code. |
|
|
SECTION 4. Section 21.051, Labor Code, is amended to read as |
|
|
follows: |
|
|
Sec. 21.051. DISCRIMINATION BY EMPLOYER. An employer |
|
|
commits an unlawful employment practice if because of race, color, |
|
|
disability, religion, sex, national origin, [or] age, sexual |
|
|
orientation, or gender identity, or because of the individual's |
|
|
status as a military veteran, the employer: |
|
|
(1) fails or refuses to hire an individual, discharges |
|
|
an individual, or discriminates in any other manner against an |
|
|
individual in connection with compensation or the terms, |
|
|
conditions, or privileges of employment; or |
|
|
(2) limits, segregates, or classifies an employee or |
|
|
applicant for employment in a manner that would deprive or tend to |
|
|
deprive an individual of any employment opportunity or adversely |
|
|
affect in any other manner the status of an employee. |
|
|
SECTION 5. Section 21.052, Labor Code, is amended to read as |
|
|
follows: |
|
|
Sec. 21.052. DISCRIMINATION BY EMPLOYMENT AGENCY. An |
|
|
employment agency commits an unlawful employment practice if the |
|
|
employment agency: |
|
|
(1) fails or refuses to refer for employment or |
|
|
discriminates in any other manner against an individual because of |
|
|
race, color, disability, religion, sex, national origin, [or] age, |
|
|
sexual orientation, or gender identity, or because of the |
|
|
individual's status as a military veteran; or |
|
|
(2) classifies or refers an individual for employment |
|
|
on the basis of race, color, disability, religion, sex, national |
|
|
origin, [or] age, sexual orientation, or gender identity, or |
|
|
because of the individual's status as a military veteran. |
|
|
SECTION 6. Section 21.053, Labor Code, is amended to read as |
|
|
follows: |
|
|
Sec. 21.053. DISCRIMINATION BY LABOR ORGANIZATION. A labor |
|
|
organization commits an unlawful employment practice if because of |
|
|
race, color, disability, religion, sex, national origin, [or] age, |
|
|
sexual orientation, or gender identity, or because of the |
|
|
individual's status as a military veteran, the labor organization: |
|
|
(1) excludes or expels from membership or |
|
|
discriminates in any other manner against an individual; or |
|
|
(2) limits, segregates, or classifies a member or an |
|
|
applicant for membership or classifies or fails or refuses to refer |
|
|
for employment an individual in a manner that would: |
|
|
(A) deprive or tend to deprive an individual of |
|
|
any employment opportunity; |
|
|
(B) limit an employment opportunity or adversely |
|
|
affect in any other manner the status of an employee or of an |
|
|
applicant for employment; or |
|
|
(C) cause or attempt to cause an employer to |
|
|
violate this subchapter. |
|
|
SECTION 7. Section 21.054, Labor Code, is amended to read as |
|
|
follows: |
|
|
Sec. 21.054. ADMISSION OR PARTICIPATION IN TRAINING |
|
|
PROGRAM. [(a)] Unless a training or retraining opportunity or |
|
|
program is provided under an affirmative action plan approved under |
|
|
a federal law, rule, or order, an employer, labor organization, or |
|
|
joint labor-management committee controlling an apprenticeship, |
|
|
on-the-job training, or other training or retraining program |
|
|
commits an unlawful employment practice if the employer, labor |
|
|
organization, or committee discriminates against an individual |
|
|
because of race, color, disability, religion, sex, national origin, |
|
|
[or] age, sexual orientation, or gender identity, or because of the |
|
|
individual's status as a military veteran, in admission to or |
|
|
participation in the program. |
|
|
SECTION 8. Section 21.059(a), Labor Code, is amended to |
|
|
read as follows: |
|
|
(a) An employer, labor organization, employment agency, or |
|
|
joint labor-management committee controlling an apprenticeship, |
|
|
on-the-job training, or other training or retraining program |
|
|
commits an unlawful employment practice if the employer, labor |
|
|
organization, employment agency, or committee prints or publishes |
|
|
or causes to be printed or published a notice or advertisement |
|
|
relating to employment that: |
|
|
(1) indicates a preference, limitation, |
|
|
specification, or discrimination based on race, color, disability, |
|
|
religion, sex, national origin, [or] age, sexual orientation, or |
|
|
gender identity, or based on an individual's status as a military |
|
|
veteran; and |
|
|
(2) concerns an employee's status, employment, or |
|
|
admission to or membership or participation in a labor union or |
|
|
training or retraining program. |
|
|
SECTION 9. Section 21.102(c), Labor Code, is amended to |
|
|
read as follows: |
|
|
(c) This section does not apply to standards of compensation |
|
|
or terms, conditions, or privileges of employment that are |
|
|
discriminatory on the basis of race, color, disability, religion, |
|
|
sex, national origin, [or] age, sexual orientation, or gender |
|
|
identity, or on the basis of an individual's status as a military |
|
|
veteran. |
|
|
SECTION 10. Section 21.112, Labor Code, is amended to read |
|
|
as follows: |
|
|
Sec. 21.112. EMPLOYEES AT DIFFERENT LOCATIONS. An employer |
|
|
does not commit an unlawful employment practice by applying to |
|
|
employees who work in different locations different standards of |
|
|
compensation or different terms, conditions, or privileges of |
|
|
employment that are not discriminatory on the basis of race, color, |
|
|
disability, religion, sex, national origin, [or] age, sexual |
|
|
orientation, or gender identity, or on the basis of an individual's |
|
|
status as a military veteran. |
|
|
SECTION 11. Section 21.113, Labor Code, is amended to read |
|
|
as follows: |
|
|
Sec. 21.113. IMBALANCE PLAN NOT REQUIRED. This chapter |
|
|
does not require a person subject to this chapter to grant |
|
|
preferential treatment to an individual or a group on the basis of |
|
|
race, color, disability, religion, sex, national origin, [or] age, |
|
|
sexual orientation, or gender identity, or on the basis of an |
|
|
individual's status as a military veteran, because of an imbalance |
|
|
between: |
|
|
(1) the total number or percentage of persons of that |
|
|
individual's or group's race, color, disability, religion, sex, |
|
|
national origin, [or] age, sexual orientation, or gender identity, |
|
|
or the total number or percentage of individuals who are military |
|
|
veterans: |
|
|
(A) employed by an employer; |
|
|
(B) referred or classified for employment by an |
|
|
employment agency or labor organization; |
|
|
(C) admitted to membership or classified by a |
|
|
labor organization; or |
|
|
(D) admitted to or employed in an apprenticeship, |
|
|
on-the-job training, or other training or retraining program; and |
|
|
(2) the total number or percentage of persons of that |
|
|
race, color, disability, religion, sex, national origin, [or] age, |
|
|
sexual orientation, or gender identity or the total number or |
|
|
percentage of individuals who are military veterans in: |
|
|
(A) a community, this state, a region, or other |
|
|
area; or |
|
|
(B) the available work force in a community, this |
|
|
state, a region, or other area. |
|
|
SECTION 12. Section 21.120(b), Labor Code, is amended to |
|
|
read as follows: |
|
|
(b) Subsection (a) does not apply to a policy adopted or |
|
|
applied with the intent to discriminate because of race, color, |
|
|
sex, national origin, religion, age, [or] disability, sexual |
|
|
orientation, or gender identity, or because of an individual's |
|
|
status as a military veteran. |
|
|
SECTION 13. Section 21.122(a), Labor Code, is amended to |
|
|
read as follows: |
|
|
(a) An unlawful employment practice based on disparate |
|
|
impact is established under this chapter only if: |
|
|
(1) a complainant demonstrates that a respondent uses |
|
|
a particular employment practice that causes a disparate impact on |
|
|
the basis of race, color, sex, national origin, religion, [or] |
|
|
disability, sexual orientation, or gender identity, or on the basis |
|
|
of an individual's status as a military veteran, and the respondent |
|
|
fails to demonstrate that the challenged practice is job-related |
|
|
for the position in question and consistent with business |
|
|
necessity; or |
|
|
(2) the complainant makes the demonstration in |
|
|
accordance with federal law as that law existed June 4, 1989, with |
|
|
respect to the concept of alternative employment practices, and the |
|
|
respondent refuses to adopt such an alternative employment |
|
|
practice. |
|
|
SECTION 14. Section 21.124, Labor Code, is amended to read |
|
|
as follows: |
|
|
Sec. 21.124. PROHIBITION AGAINST DISCRIMINATORY USE OF TEST |
|
|
SCORES. (a) Except as provided by Subsection (b), it [It] is an |
|
|
unlawful employment practice for a respondent, in connection with |
|
|
the selection or referral of applicants for employment or |
|
|
promotion, to adjust the scores of, use different cutoff scores |
|
|
for, or otherwise alter the results of employment-related tests on |
|
|
the basis of race, color, sex, national origin, religion, age, [or] |
|
|
disability, sexual orientation, or gender identity, or on the basis |
|
|
of an individual's status as a military veteran. |
|
|
(b) Subsection (a) does not apply to an act described by |
|
|
that subsection that is made in conjunction with a preference |
|
|
program for military veterans authorized under a law of this state |
|
|
or the United States. |
|
|
SECTION 15. The heading to Section 21.125, Labor Code, is |
|
|
amended to read as follows: |
|
|
Sec. 21.125. CLARIFYING PROHIBITION AGAINST IMPERMISSIBLE |
|
|
CONSIDERATION OF RACE, COLOR, SEX, NATIONAL ORIGIN, RELIGION, AGE, |
|
|
[OR] DISABILITY, SEXUAL ORIENTATION, OR GENDER IDENTITY OR STATUS |
|
|
AS MILITARY VETERAN IN EMPLOYMENT PRACTICES. |
|
|
SECTION 16. Section 21.125(a), Labor Code, is amended to |
|
|
read as follows: |
|
|
(a) Except as otherwise provided by this chapter, an |
|
|
unlawful employment practice is established when the complainant |
|
|
demonstrates that race, color, sex, national origin, religion, age, |
|
|
[or] disability, sexual orientation, or gender identity, or status |
|
|
as a military veteran, was a motivating factor for an employment |
|
|
practice, even if other factors also motivated the practice, unless |
|
|
race, color, sex, national origin, religion, age, [or] disability, |
|
|
sexual orientation, or gender identity, or status as a military |
|
|
veteran, is combined with objective job-related factors to attain |
|
|
diversity in the employer's work force. |
|
|
SECTION 17. Section 21.126, Labor Code, is amended to read |
|
|
as follows: |
|
|
Sec. 21.126. COVERAGE OF PREVIOUSLY EXEMPT EMPLOYEES OF THE |
|
|
STATE OR POLITICAL SUBDIVISION OF THE STATE. It is an unlawful |
|
|
employment practice for a person elected to public office in this |
|
|
state or a political subdivision of this state to discriminate |
|
|
because of race, color, sex, national origin, religion, age, [or] |
|
|
disability, sexual orientation, or gender identity, or because of |
|
|
the individual's status as a military veteran, against an |
|
|
individual who is an employee or applicant for employment to: |
|
|
(1) serve on the elected official's personal staff; |
|
|
(2) serve the elected official on a policy-making |
|
|
level; or |
|
|
(3) serve the elected official as an immediate advisor |
|
|
with respect to the exercise of the constitutional or legal powers |
|
|
of the office. |
|
|
SECTION 18. Section 21.152(a), Labor Code, is amended to |
|
|
read as follows: |
|
|
(a) A political subdivision or two or more political |
|
|
subdivisions acting jointly may create a local commission to: |
|
|
(1) promote the purposes of this chapter; and |
|
|
(2) secure for all individuals in the jurisdiction of |
|
|
each political subdivision freedom from discrimination because of |
|
|
race, color, disability, religion, sex, national origin, [or] age, |
|
|
sexual orientation, or gender identity, or because of an |
|
|
individual's status as a military veteran. |
|
|
SECTION 19. Section 21.155(a), Labor Code, is amended to |
|
|
read as follows: |
|
|
(a) The commission [Commission on Human Rights] shall refer |
|
|
a complaint concerning discrimination in employment because of |
|
|
race, color, disability, religion, sex, national origin, [or] age, |
|
|
sexual orientation, or gender identity, or because of status as a |
|
|
military veteran, that is filed with that commission to a local |
|
|
commission with the necessary investigatory and conciliatory |
|
|
powers if: |
|
|
(1) the complaint has been referred to the commission |
|
|
[Commission on Human Rights] by the federal government; or |
|
|
(2) jurisdiction over the subject matter of the |
|
|
complaint has been deferred to the commission [Commission on Human |
|
|
Rights] by the federal government. |
|
|
SECTION 20. Section 301.003, Property Code, is amended by |
|
|
amending Subdivision (6) and adding Subdivisions (9-a), (9-b), and |
|
|
(10-a) to read as follows: |
|
|
(6) "Disability" means a mental or physical impairment |
|
|
that substantially limits at least one major life activity, a |
|
|
record of the impairment, or being regarded as having the |
|
|
impairment. The term does not include current illegal use of or |
|
|
addiction to any drug or illegal or federally controlled substance |
|
|
[and does not apply to an individual because of an individual's |
|
|
sexual orientation or because that individual is a transvestite]. |
|
|
(9-a) "Gender identity" means the gender-related |
|
|
identity, appearance, or other gender-related characteristics of |
|
|
an individual with or without regard to the individual's designated |
|
|
sex at birth. |
|
|
(9-b) "Military veteran" means a person who: |
|
|
(A) has served in: |
|
|
(i) the armed forces of the United States or |
|
|
the United States Public Health Service under 42 U.S.C. Section 201 |
|
|
et seq.; |
|
|
(ii) the state military forces, as defined |
|
|
by Section 431.001, Government Code; or |
|
|
(iii) an auxiliary service of a branch of |
|
|
the armed forces described by Subparagraph (i) or (ii); and |
|
|
(B) has been honorably discharged from the branch |
|
|
of the service in which the person served. |
|
|
(10-a) "Sexual orientation" means an individual's |
|
|
actual or perceived heterosexuality, bisexuality, or |
|
|
homosexuality. |
|
|
SECTION 21. Sections 301.021(a) and (b), Property Code, are |
|
|
amended to read as follows: |
|
|
(a) A person may not refuse to sell or rent, after the making |
|
|
of a bona fide offer, refuse to negotiate for the sale or rental of, |
|
|
or in any other manner make unavailable or deny a dwelling to |
|
|
another because of race, color, religion, sex, familial status, |
|
|
[or] national origin, sexual orientation, or gender identity, or |
|
|
because of status as a military veteran. |
|
|
(b) A person may not discriminate against another in the |
|
|
terms, conditions, or privileges of sale or rental of a dwelling or |
|
|
in providing services or facilities in connection with a sale or |
|
|
rental of a dwelling because of race, color, religion, sex, |
|
|
familial status, [or] national origin, sexual orientation, or |
|
|
gender identity, or because of status as a military veteran. |
|
|
SECTION 22. Section 301.022, Property Code, is amended to |
|
|
read as follows: |
|
|
Sec. 301.022. PUBLICATION. A person may not make, print, or |
|
|
publish or effect the making, printing, or publishing of a notice, |
|
|
statement, or advertisement that is about the sale or rental of a |
|
|
dwelling and that indicates any preference, limitation, or |
|
|
discrimination or the intention to make a preference, limitation, |
|
|
or discrimination because of race, color, religion, sex, |
|
|
disability, familial status, [or] national origin, sexual |
|
|
orientation, or gender identity, or because of status as a military |
|
|
veteran. |
|
|
SECTION 23. Section 301.023, Property Code, is amended to |
|
|
read as follows: |
|
|
Sec. 301.023. INSPECTION. A person may not represent to |
|
|
another because of race, color, religion, sex, disability, familial |
|
|
status, [or] national origin, sexual orientation, or gender |
|
|
identity, or because of status as a military veteran, that a |
|
|
dwelling is not available for inspection for sale or rental when the |
|
|
dwelling is available for inspection. |
|
|
SECTION 24. Section 301.024, Property Code, is amended to |
|
|
read as follows: |
|
|
Sec. 301.024. ENTRY INTO NEIGHBORHOOD. A person may not, |
|
|
for profit, induce or attempt to induce another to sell or rent a |
|
|
dwelling by representations regarding the entry or prospective |
|
|
entry into a neighborhood of a person of a particular race, color, |
|
|
religion, sex, disability, familial status, [or] national origin, |
|
|
sexual orientation, or gender identity or with the status of a |
|
|
military veteran. |
|
|
SECTION 25. Section 301.026(a), Property Code, is amended |
|
|
to read as follows: |
|
|
(a) A person whose business includes engaging in |
|
|
residential real estate related transactions may not discriminate |
|
|
against another in making a real estate related transaction |
|
|
available or in the terms or conditions of a real estate related |
|
|
transaction because of race, color, religion, sex, disability, |
|
|
familial status, [or] national origin, sexual orientation, or |
|
|
gender identity, or because of status as a military veteran. |
|
|
SECTION 26. Section 301.027, Property Code, is amended to |
|
|
read as follows: |
|
|
Sec. 301.027. BROKERAGE SERVICES. A person may not deny |
|
|
another access to, or membership or participation in, a |
|
|
multiple-listing service, real estate brokers' organization, or |
|
|
other service, organization, or facility relating to the business |
|
|
of selling or renting dwellings, or discriminate against a person |
|
|
in the terms or conditions of access, membership, or participation |
|
|
in such an organization, service, or facility because of race, |
|
|
color, religion, sex, disability, familial status, [or] national |
|
|
origin, sexual orientation, or gender identity, or because of |
|
|
status as a military veteran. |
|
|
SECTION 27. Sections 301.042(a) and (c), Property Code, are |
|
|
amended to read as follows: |
|
|
(a) This chapter does not prohibit a religious |
|
|
organization, association, or society or a nonprofit institution or |
|
|
organization operated, supervised, or controlled by or in |
|
|
conjunction with a religious organization, association, or society |
|
|
from: |
|
|
(1) limiting the sale, rental, or occupancy of |
|
|
dwellings that it owns or operates for other than a commercial |
|
|
purpose to persons of the same religion; or |
|
|
(2) giving preference to persons of the same religion, |
|
|
unless membership in the religion is restricted because of race, |
|
|
color, [or] national origin, sexual orientation, or gender |
|
|
identity, or because of status as a military veteran. |
|
|
(c) This chapter does not prohibit a person engaged in the |
|
|
business of furnishing appraisals of real property from considering |
|
|
in those appraisals factors other than race, color, religion, sex, |
|
|
disability, familial status, [or] national origin, sexual |
|
|
orientation, or gender identity, or status as a military veteran. |
|
|
SECTION 28. Section 301.068, Property Code, is amended to |
|
|
read as follows: |
|
|
Sec. 301.068. REFERRAL TO MUNICIPALITY. (a) Subject to |
|
|
Subsection (b), the [The] commission may defer proceedings under |
|
|
this chapter and refer a complaint to a municipality that has been |
|
|
certified by the federal Department of Housing and Urban |
|
|
Development as a substantially equivalent fair housing agency. |
|
|
(b) The commission may not defer proceedings and refer a |
|
|
complaint under Subsection (a) to a municipality in which the |
|
|
alleged discrimination occurred if: |
|
|
(1) the complaint alleges discrimination based on |
|
|
sexual orientation or gender identity or based on status as a |
|
|
military veteran; and |
|
|
(2) the municipality does not have laws prohibiting |
|
|
the alleged discrimination. |
|
|
SECTION 29. Section 301.171(a), Property Code, is amended |
|
|
to read as follows: |
|
|
(a) A person commits an offense if the person, without |
|
|
regard to whether the person is acting under color of law, by force |
|
|
or threat of force intentionally intimidates or interferes with a |
|
|
person: |
|
|
(1) because of the person's race, color, religion, |
|
|
sex, disability, familial status, [or] national origin, sexual |
|
|
orientation, or gender identity, or because of the person's status |
|
|
as a military veteran and because the person is or has been selling, |
|
|
purchasing, renting, financing, occupying, or contracting or |
|
|
negotiating for the sale, purchase, rental, financing, or |
|
|
occupation of any dwelling or applying for or participating in a |
|
|
service, organization, or facility relating to the business of |
|
|
selling or renting dwellings; or |
|
|
(2) because the person is or has been or to intimidate |
|
|
the person from: |
|
|
(A) participating, without discrimination |
|
|
because of race, color, religion, sex, disability, familial status, |
|
|
[or] national origin, sexual orientation, or gender identity, or |
|
|
because of status as a military veteran, in an activity, service, |
|
|
organization, or facility described by Subdivision (1); [or] |
|
|
(B) affording another person opportunity or |
|
|
protection to so participate; or |
|
|
(C) lawfully aiding or encouraging other persons |
|
|
to participate, without discrimination because of race, color, |
|
|
religion, sex, disability, familial status, [or] national origin, |
|
|
sexual orientation, or gender identity, or because of status as a |
|
|
military veteran, in an activity, service, organization, or |
|
|
facility described by Subdivision (1). |
|
|
SECTION 30. (a) The changes in law made by this Act to the |
|
|
Business & Commerce Code and the Labor Code apply to conduct |
|
|
occurring on or after the effective date of this Act. Conduct |
|
|
occurring before that date is governed by the law in effect on the |
|
|
date the conduct occurred, and the former law is continued in effect |
|
|
for that purpose. |
|
|
(b) The changes in law made by this Act to the Property Code |
|
|
apply only to a complaint filed with the Texas Workforce Commission |
|
|
on or after the effective date of this Act. A complaint filed |
|
|
before that date is governed by the law as it existed immediately |
|
|
before the effective date of this Act, and that law is continued in |
|
|
effect for that purpose. |
|
|
SECTION 31. This Act takes effect September 1, 2021. |