By:  Maxey                                            H.B. No. 1915
       73R4337 PB-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the prohibition of certain discrimination based on
    1-3  sexual orientation; providing penalties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5                    ARTICLE 1.  GENERAL PROVISIONS
    1-6        SECTION 1.01.  GENERAL DEFINITIONS.  In this Act:
    1-7              (1)  "Aggrieved person" includes any person who:
    1-8                    (A)  claims to have been injured by a
    1-9  discriminatory practice; or
   1-10                    (B)  believes that he or she will be injured by a
   1-11  discriminatory practice that is about to occur.
   1-12              (2)  "Bona fide occupational qualification" means a
   1-13  qualification:
   1-14                    (A)  that is reasonably related to the
   1-15  satisfactory performance of the duties of the job; and
   1-16                    (B)  for which there is a factual basis for
   1-17  believing that no member of the excluded group would be able to
   1-18  perform satisfactorily the duties of the job with safety or
   1-19  efficiency.
   1-20              (3)  "Complainant" means a person, including the
   1-21  commission, who files a complaint under Section 6.01 of this Act.
   1-22              (4)  "Commission" means the Commission on Human Rights.
   1-23              (5)  "Conciliation" means the attempted resolution of
   1-24  issues raised by a complaint or by the investigation of the
    2-1  complaint, through informal negotiations involving the aggrieved
    2-2  person, the respondent, and the commission.
    2-3              (6)  "Conciliation agreement" means an agreement
    2-4  setting forth the resolution of the issues in conciliation.
    2-5              (7)  "Discriminatory practice" means an act prohibited
    2-6  by Article 3, 4, or 5 of this Act.
    2-7              (8)  "Dwelling" means:
    2-8                    (A)  any building, structure, or part of a
    2-9  building or structure that is occupied as, or designed or intended
   2-10  for occupancy as, a residency by one or more families; or
   2-11                    (B)  any vacant land that is offered for sale or
   2-12  lease for the construction or location of a building, structure, or
   2-13  part of a building or structure described by Paragraph (A) of this
   2-14  subdivision.
   2-15              (9)  "Employer" means a person that employs 15 or more
   2-16  employees.  The term includes an agent designated by an employer.
   2-17              (10)  "Labor organization" means a labor organization
   2-18  engaged in an industry affecting commerce that has 15 or more
   2-19  members.  The term includes:
   2-20                    (A)  an organization, an agency, or an employee
   2-21  representation committee, group, association, or plan engaged in an
   2-22  industry affecting commerce in which employees participate and that
   2-23  exists for the purpose, in whole or in part, of dealing with
   2-24  employers concerning grievances, labor disputes, wages, rates of
   2-25  pay, hours, or other terms or conditions of employment;
   2-26                    (B)  a conference, general committee, joint or
   2-27  system board, or joint council that is subordinate to a national or
    3-1  international labor organization; and
    3-2                    (C)  an agent of a labor organization.
    3-3              (11)  "Person" means an individual, corporation,
    3-4  association, partnership, organization, or other public or private
    3-5  legal entity.
    3-6              (12)  "Respondent" means the person accused in a
    3-7  complaint of a discriminatory practice.
    3-8              (13)  "Sexual orientation" means:
    3-9                    (A)  having a preference for heterosexuality,
   3-10  homosexuality, or bisexuality;
   3-11                    (B)  having a history of such a preference; or
   3-12                    (C)  being identified as having such a
   3-13  preference.
   3-14                 ARTICLE 2.  ADMINISTRATIVE PROVISIONS
   3-15        SECTION 2.01.  ADMINISTRATION BY COMMISSION.  The commission
   3-16  on human rights shall administer this Act.
   3-17        SECTION 2.02.  RULES.  The commission shall adopt rules as
   3-18  necessary to administer and enforce this Act.
   3-19        SECTION 2.03.  COMPLAINTS.  As provided by Article 6 of this
   3-20  Act, the commission shall receive, investigate, seek to conciliate,
   3-21  and act on complaints alleging violations of this Act.
   3-22        SECTION 2.04.  CERTAIN CONSTRUCTIONS OF ACT PROHIBITED.  (a)
   3-23  This Act may not be construed to mean that this state condones
   3-24  homosexuality, bisexuality, or any equivalent lifestyle.
   3-25        (b)  This Act may not be construed to bar any religious or
   3-26  denominational institution or organization, or any organization
   3-27  operated for charitable or educational purposes that is operated,
    4-1  supervised, or controlled by or in connection with a religious
    4-2  organization and that limits membership, enrollment, admission, or
    4-3  participation to members of that religion, from:
    4-4              (1)  giving preference in hiring or employment to
    4-5  members of the same religion; or
    4-6              (2)  taking any action with respect to matters of
    4-7  employment, discipline, faith, internal organization, or
    4-8  ecclesiastical rule, custom, or law that are calculated by the
    4-9  organization to promote the religious principles for which it is
   4-10  established or maintained.
   4-11        (c)  This Act may not be construed to authorize or permit the
   4-12  use of numerical goals or quotas, or other types of affirmative
   4-13  action programs, in the administration or enforcement of this Act.
   4-14           ARTICLE 3.  EMPLOYMENT DISCRIMINATION PROHIBITED
   4-15        SECTION 3.01.  EMPLOYER.  An employer commits a
   4-16  discriminatory practice and a violation of this Act if the
   4-17  employer, because of the sexual orientation of an individual:
   4-18              (1)  refuses to hire or employ the individual;
   4-19              (2)  bars or discharges the individual from employment;
   4-20  or
   4-21              (3)  otherwise discriminates against an individual in
   4-22  compensation or other terms, conditions, or privileges of
   4-23  employment.
   4-24        SECTION 3.02.  EMPLOYMENT AGENCY.  An employment agency
   4-25  commits a discriminatory practice and a violation of this Act if
   4-26  the employment agency, because of the sexual orientation of an
   4-27  applicant for employment through the agency:
    5-1              (1)  fails or refuses to classify the applicant
    5-2  properly;
    5-3              (2)  fails or refuses to refer the applicant for
    5-4  positions of employment; or
    5-5              (3)  otherwise discriminates against the applicant.
    5-6        SECTION 3.03.  LABOR ORGANIZATION.  A labor organization
    5-7  commits a discriminatory practice and a violation of this Act if
    5-8  the labor organization, because of the sexual orientation of an
    5-9  individual:
   5-10              (1)  excludes the individual from full membership
   5-11  rights;
   5-12              (2)  expels the individual from its membership; or
   5-13              (3)  otherwise discriminates against:
   5-14                    (A)  a member of the organization;
   5-15                    (B)  an employer; or
   5-16                    (C)  an individual employed by an employer.
   5-17        SECTION 3.04.  EMPLOYMENT ADVERTISEMENTS.  A person commits a
   5-18  discriminatory practice and a violation of this Act if the person
   5-19  advertises employment opportunities in a manner designed to
   5-20  restrict the employment in a manner that discriminates against an
   5-21  individual solely because of the sexual orientation of that
   5-22  individual.
   5-23    ARTICLE 4.  DISCRIMINATION IN PUBLIC ACCOMMODATIONS PROHIBITED
   5-24        SECTION 4.01.  PUBLIC ACCOMMODATIONS.  A person commits a
   5-25  discriminatory practice and a violation of this Act if the person,
   5-26  because of the sexual orientation of an individual:
   5-27              (1)  denies that individual full and equal
    6-1  accommodations in any place of public accommodation in this state,
    6-2  subject only to the conditions and limitations established by law
    6-3  and applicable to all persons; or
    6-4              (2)  otherwise discriminates, segregates, or separates
    6-5  based on sexual orientation.
    6-6            ARTICLE 5.  HOUSING DISCRIMINATION PROHIBITED
    6-7        SECTION 5.01.  REFUSAL TO SELL OR RENT.  A person commits a
    6-8  discriminatory practice and a violation of this Act if the person,
    6-9  because of the sexual orientation of an individual:
   6-10              (1)  refuses to sell or rent a dwelling to the
   6-11  individual after the making of a bona fide offer by the individual;
   6-12              (2)  refuses to negotiate for the sale or rental of a
   6-13  dwelling to the individual;
   6-14              (3)  refuses to make available or otherwise denies a
   6-15  dwelling to the individual; or
   6-16              (4)  discriminates against the individual in the terms,
   6-17  conditions, or privileges of the sale or rental of a dwelling, or
   6-18  the provision of services or facilities in connection with such a
   6-19  sale or rental.
   6-20        SECTION 5.02.  REAL ESTATE RELATED TRANSACTIONS.  A person
   6-21  who engages in real estate related transactions commits a
   6-22  discriminatory practice and a violation of this Act if, because of
   6-23  the sexual orientation of an individual, the person discriminates
   6-24  against the individual in making available such a transaction.
   6-25        SECTION 5.03.  REAL ESTATE SERVICES AND ORGANIZATION.  A
   6-26  person who engages in real estate related transactions commits a
   6-27  discriminatory practice and a violation of this Act if, because of
    7-1  the sexual orientation of an individual, the person:
    7-2              (1)  denies the individual access to or membership or
    7-3  participation in any multiple-listing service, real estate brokers
    7-4  organization, or other service, organization, or facility relating
    7-5  to the business of selling or renting dwellings; or
    7-6              (2)  discriminates against the individual in the terms
    7-7  or conditions of the access, membership, or participation described
    7-8  by Subdivision (1) of this section.
    7-9        SECTION 5.04.  COERCION.  A person commits a discriminatory
   7-10  practice and a violation of this Act if, because of the sexual
   7-11  orientation of an individual, the person coerces, intimidates,
   7-12  threatens, or interferes with the individual in the exercise or
   7-13  enjoyment of a right granted or protected by this article or
   7-14  because that individual has exercised or enjoyed, or aided or
   7-15  encouraged, any other person in the exercise or enjoyment of a
   7-16  right granted or protected by this article.
   7-17        SECTION 5.05.  PUBLICATIONS.  A person commits a
   7-18  discriminatory practice and a violation of this Act if the person
   7-19  makes, prints, or publishes, or causes to be made, printed, or
   7-20  published, any notice, statement, or advertisement with respect to
   7-21  the sale or rental of a dwelling that indicates any preference,
   7-22  limitation, or discrimination based on sexual orientation, or an
   7-23  intention to make such a preference, limitation, or discrimination.
   7-24        SECTION 5.06.  STEERING PROHIBITED.  (a)  In this subsection,
   7-25  "area" means a municipality, neighborhood, or other geographic
   7-26  subdivision, including an apartment or condominium complex.
   7-27        (b)  A person commits a discriminatory practice and a
    8-1  violation of this Act if the person, because of the sexual
    8-2  orientation of an individual, represents to the individual that a
    8-3  dwelling is not available for inspection, sale, or rental if the
    8-4  dwelling is in fact available.
    8-5        (c)  A person violates this section if the person restricts
    8-6  or attempts to restrict the choices of any buyer or renter to
    8-7  purchase or rent a dwelling to an area that is substantially
    8-8  populated, even if by less than a majority, by persons of the same
    8-9  sexual orientation as the buyer or renter while that person is
   8-10  authorized to offer for sale or rent another dwelling that:
   8-11              (1)  meets the housing criteria of the buyer or renter
   8-12  as expressed by the buyer or renter to that person; and
   8-13              (2)  is located in an area that is not substantially
   8-14  populated by persons of the same sexual orientation as the buyer or
   8-15  renter.
   8-16        SECTION 5.07.  ENTRY INTO NEIGHBORHOOD.  A person commits a
   8-17  discriminatory practice and a violation of this Act if the person,
   8-18  for profit, induces or attempts to induce any person to sell or
   8-19  rent a dwelling by representations regarding the entry or
   8-20  prospective entry into the neighborhood in which the dwelling is
   8-21  located of an individual of a particular sexual orientation.
   8-22        SECTION 5.08.  EXEMPTIONS.  (a)  This article does not apply
   8-23  to:
   8-24              (1)  the rental of a room or rooms in a dwelling if the
   8-25  owner actually maintains and occupies part of the living quarters
   8-26  of the dwelling as the owner's residence; or
   8-27              (2)  a unit in a dwelling containing living quarters
    9-1  occupied or intended to be occupied by not more than four families
    9-2  living independently of each other, if the owner actually maintains
    9-3  and occupies one of the units as the owner's residence.
    9-4        (b)  This article does not limit or affect the applicability
    9-5  of any reasonable state statute or municipal ordinance that
    9-6  restricts the maximum number of persons permitted to occupy a
    9-7  dwelling.
    9-8        (c)  This article does not prohibit a person engaged in the
    9-9  business of furnishing appraisals of real property to consider
   9-10  factors other than sexual orientation in making the appraisal.
   9-11                ARTICLE 6.  ADMINISTRATIVE ENFORCEMENT
   9-12        SECTION 6.01.  COMPLAINT.  (a)  An aggrieved person may, not
   9-13  later than one year after an alleged discriminatory practice has
   9-14  occurred or terminated, whichever is later, file a complaint with
   9-15  the commission alleging the discriminatory practice.
   9-16        (b)  The commission shall investigate alleged discriminatory
   9-17  practices.
   9-18        (c)  Not later than one year after an alleged discriminatory
   9-19  practice has occurred or terminated, whichever is later, the
   9-20  commission may file its own complaint.
   9-21        (d)  A complaint must be:
   9-22              (1)  in writing;
   9-23              (2)  under oath; and
   9-24              (3)  in the form prescribed by the commission.
   9-25        (e)  A complaint may be amended at any time.
   9-26        (f)  On the filing of a complaint the commission shall:
   9-27              (1)  give the aggrieved person notice that the
   10-1  complaint has been received;
   10-2              (2)  advise the aggrieved person of the time limits and
   10-3  choice of forums under this Act; and
   10-4              (3)  not later than the 10th day after the filing of
   10-5  the complaint, serve on each respondent:
   10-6                    (A)  a notice identifying the alleged
   10-7  discriminatory practice and advising the respondent of the
   10-8  procedural rights and obligations of a respondent under this Act;
   10-9  and
  10-10                    (B)  a copy of the original complaint.
  10-11        SECTION 6.02.  ANSWER.  (a)  Not later than the 10th day
  10-12  after receipt of the notice and copy under Section 6.01(f)(3) of
  10-13  this Act, a respondent may file an answer to the complaint.
  10-14        (b)  An answer must be:
  10-15              (1)  in writing;
  10-16              (2)  under oath; and
  10-17              (3)  in the form prescribed by the commission.
  10-18        (c)  An answer may be amended at any time.
  10-19        SECTION 6.03.  INVESTIGATION.    (a)  The commission shall
  10-20  investigate all complaints and, except as provided by Subsection
  10-21  (b) of this section, shall complete an investigation not later than
  10-22  the 100th day after the date the complaint is filed.
  10-23        (b)  If the commission is unable to complete an investigation
  10-24  within the period prescribed by Subsection (a) of this section, the
  10-25  commission shall notify the complainant and the respondent in
  10-26  writing of the reasons for the delay.
  10-27        SECTION 6.04.  CONCILIATION.  (a)  The commission shall,
   11-1  during the period beginning with the filing of a complaint and
   11-2  ending with the filing of a charge or a dismissal by the
   11-3  commission, to the extent feasible, engage in conciliation with
   11-4  respect to the complaint.
   11-5        (b)  A conciliation agreement is an agreement between a
   11-6  respondent and the complainant and is subject to commission
   11-7  approval.  A conciliation agreement must be written.
   11-8        (c)  A conciliation agreement may provide for binding
   11-9  arbitration of the dispute.  Arbitration that results from a
  11-10  conciliation agreement may authorize appropriate relief, including
  11-11  monetary relief.
  11-12        (d)  A conciliation agreement shall be made public unless the
  11-13  complainant, respondent, and the commission agree that disclosure
  11-14  is not necessary to further the purposes of this Act.
  11-15        (e)  Nothing said or done in the course of conciliation may
  11-16  be made public or used as evidence in a subsequent proceeding under
  11-17  this Act without the written consent of the persons concerned.
  11-18        (f)  After completion of the commission's investigation, the
  11-19  commission shall make available to the aggrieved person and the
  11-20  respondent, at any time, information derived from the investigation
  11-21  and the final investigation report relating to that investigation.
  11-22        SECTION 6.05.  TEMPORARY OR PRELIMINARY RELIEF.  (a)  If the
  11-23  commission concludes at any time following the filing of a
  11-24  complaint that prompt judicial action is necessary to carry out the
  11-25  purposes of this Act, the commission may authorize a civil action
  11-26  for appropriate temporary or preliminary relief pending final
  11-27  disposition of the complaint.
   12-1        (b)  On receipt of the commission's authorization, the
   12-2  attorney general shall promptly file the action.
   12-3        (c)  A temporary restraining order or other order granting
   12-4  preliminary or temporary relief under this section is governed by
   12-5  the applicable Texas Rules of Civil Procedure.
   12-6        (d)  The filing of a civil action under this section does not
   12-7  affect the initiation or continuation of administrative proceeding
   12-8  under Section 6.14 of this Act.
   12-9        SECTION 6.06.  INVESTIGATIVE REPORT.  (a)  The commission
  12-10  shall prepare a final investigative report showing:
  12-11              (1)  the names and dates of contacts with witnesses;
  12-12              (2)  a summary of correspondence and other contacts
  12-13  with the aggrieved person and the respondent showing the dates of
  12-14  the correspondence and contacts;
  12-15              (3)  a summary description of other pertinent records;
  12-16              (4)  a summary of witness statements; and
  12-17              (5)  answers to interrogatories.
  12-18        (b)  A final report under this section may be amended if
  12-19  additional evidence is discovered.
  12-20        SECTION 6.07.  REASONABLE CAUSE DETERMINATION.  (a)  The
  12-21  commission shall determine based on the facts whether reasonable
  12-22  cause exists to believe that a discriminatory practice has occurred
  12-23  or is about to occur.
  12-24        (b)  The commission shall make the determination under
  12-25  Subsection (a) of this section not later than the 100th day after
  12-26  the date a complaint is filed unless:
  12-27              (1)  it is impracticable to make the determination; or
   13-1              (2)  the commission has approved a conciliation
   13-2  agreement relating to the complaint.
   13-3        (c)  If it is impracticable to make the determination within
   13-4  the time period provided by Subsection (b) of this section, the
   13-5  commission shall notify the complainant and respondent in writing
   13-6  of the reasons for the delay.
   13-7        (d)  If the commission determines that reasonable cause
   13-8  exists to believe that a discriminatory practice has occurred or is
   13-9  about to occur, the commission shall immediately issue a charge on
  13-10  behalf of the aggrieved person.
  13-11        SECTION 6.08.  CHARGE.  (a)  A charge issued under Section
  13-12  6.07 of this Act:
  13-13              (1)  must consist of a short and plain statement of the
  13-14  facts on which the commission has found reasonable cause to believe
  13-15  that a discriminatory practice has occurred or is about to occur;
  13-16              (2)  must be based on the final investigative report;
  13-17  and
  13-18              (3)  need not be limited to the facts or grounds
  13-19  alleged in the complaint.
  13-20        (b)  Not later than the 20th day after the commission issues
  13-21  a charge, the commission shall send a copy of a charge with
  13-22  information concerning the election under Section 6.12 of this Act
  13-23  to:
  13-24              (1)  each respondent, together with a notice of the
  13-25  opportunity for a hearing provided by Section 6.14 of this Act; and
  13-26              (2)  each aggrieved person on whose behalf the
  13-27  complaint was filed.
   14-1        SECTION 6.09.  DISMISSAL.  (a)  If the commission determines
   14-2  that reasonable cause does not exist to believe that a
   14-3  discriminatory practice has occurred or is about to occur, the
   14-4  commission shall promptly dismiss the complaint.
   14-5        (b)  The commission shall make public disclosure of each
   14-6  dismissal under this section.
   14-7        SECTION 6.10.  PENDING CIVIL TRIAL.  The commission may not
   14-8  issue a charge under this section regarding an alleged
   14-9  discriminatory practice after the beginning of the trial of a civil
  14-10  action commenced by the aggrieved party under federal or state law
  14-11  seeking relief with respect to that discriminatory practice.
  14-12        SECTION 6.11.  SUBPOENAS; DISCOVERY.  (a)  The commission may
  14-13  issue subpoenas and order discovery as provided by this section in
  14-14  aid of investigations and hearing under this Act.
  14-15        (b)  The subpoenas and discovery may be ordered to the same
  14-16  extent and are subject to the same limitations as subpoenas and
  14-17  discovery in a civil action in district court.
  14-18        SECTION 6.12.  ELECTION OF JUDICIAL DETERMINATION.  (a)  A
  14-19  complainant, a respondent, or an aggrieved person on whose behalf
  14-20  the complaint was filed may elect to have the claims asserted in
  14-21  that charge decided in a civil action as provided by Section 6.13
  14-22  of this Act.
  14-23        (b)  The election must be made not later than the 20th day
  14-24  after the date of receipt by the electing person of service under
  14-25  Section 6.08(b) of this Act or, in the case of the commission, not
  14-26  later than the 20th day after the date the charge was issued.
  14-27        (c)  The person making the election shall give notice to the
   15-1  commission and to all other complainants and respondents to whom
   15-2  the charge relates.
   15-3        SECTION 6.13.  ATTORNEY GENERAL ACTION FOR ENFORCEMENT.
   15-4  (a)  If a timely election is made under Section 6.12 of this Act,
   15-5  the commission shall authorize and, not later than the 30th day
   15-6  after the election is made, the attorney general shall file a civil
   15-7  action on behalf of the aggrieved person in a district court
   15-8  seeking relief under this section.
   15-9        (b)  Venue for an action under this section is in the county
  15-10  in which the alleged discriminatory practice occurred or in Travis
  15-11  County.
  15-12        (c)  An aggrieved person may intervene in the action.
  15-13        (d)  If the court finds that a discriminatory practice has
  15-14  occurred or is about to occur, the court may grant as relief any
  15-15  relief that a court may grant in a civil action under Article 7 of
  15-16  this Act.
  15-17        (e)  If monetary relief is sought for the benefit of an
  15-18  aggrieved person who does not intervene in the civil action, the
  15-19  court may not award the monetary relief if that aggrieved person
  15-20  has not complied with discovery orders entered by the court.
  15-21        SECTION 6.14.  ADMINISTRATIVE HEARING.  (a)  If a timely
  15-22  election is not made under Section 6.12 of this Act, the commission
  15-23  shall provide for a hearing on the charge.
  15-24        (b)  Except as provided by Subsection (c) of this section,
  15-25  the Administrative Procedure and Texas Register Act (Article
  15-26  6252-13a, Vernon's Texas Civil Statutes) governs a hearing under
  15-27  this section.
   16-1        (c)  A hearing under this section may not continue regarding
   16-2  any alleged discriminatory practice after the beginning of the
   16-3  trial of a civil action commenced by the aggrieved party under
   16-4  federal or state law seeking relief with respect to that
   16-5  discriminatory practice.
   16-6        SECTION 6.15.  ADMINISTRATIVE PENALTIES.  (a)  If the
   16-7  commission determines at a hearing under Section 6.14 of this Act
   16-8  that a respondent has engaged in or is about to engage in a
   16-9  discriminatory practice, the commission may order the appropriate
  16-10  relief, including actual damages, reasonable attorney's fees, court
  16-11  costs, and other injunctive or equitable relief.
  16-12        (b)  To vindicate the public interest, the commission may
  16-13  assess a civil penalty against the respondent in an amount that
  16-14  does not exceed:
  16-15              (1)  $10,000 if the respondent has been adjudged by
  16-16  order of the commission or a court to have committed a prior
  16-17  discriminatory practice;
  16-18              (2)  except as provided by Subsection (c) of this
  16-19  section, $25,000 if the respondent has been adjudged by order of
  16-20  the commission or a court to have committed one other
  16-21  discriminatory practice during the five-year period ending on the
  16-22  date of the filing of the charge; and
  16-23              (3)  except as provided by Subsection (c) of this
  16-24  section, $50,000 if the respondent has been adjudged by order of
  16-25  the commission or a court to have committed two or more
  16-26  discriminatory practices during the seven-year period ending on the
  16-27  date of the filing of the charge.
   17-1        (c)  If the acts constituting the discriminatory practice
   17-2  that is the object of the charge are committed by the same
   17-3  individual who has been previously adjudged to have committed acts
   17-4  constituting a discriminatory practice, the civil penalties in
   17-5  Subsections (b)(2) and (3) of this section may be imposed without
   17-6  regard to the period within which any other discriminatory practice
   17-7  occurred.
   17-8        (d)  At the request of the commission, the attorney general
   17-9  shall sue to recover a civil penalty due under this section.  Funds
  17-10  collected under this section shall be paid to the state treasurer
  17-11  for deposit in the state treasury.
  17-12        SECTION 6.16.  EFFECT OF COMMISSION ORDER.  A commission
  17-13  order under Section 6.15 of this Act does not affect a contract,
  17-14  sale, encumbrance, or lease that:
  17-15              (1)  was consummated before the commission issued the
  17-16  order; and
  17-17              (2)  involved a bona fide purchaser, encumbrancer, or
  17-18  tenant who did not have actual notice of the charge filed under
  17-19  this Act.
  17-20        SECTION 6.17.  ORDER IN PRECEDING FIVE YEARS.  If the
  17-21  commission issues an order against a respondent against whom
  17-22  another order was issued within the preceding five years under
  17-23  Section 6.15 of this Act, the commission shall send a copy of each
  17-24  order issued under that section to the attorney general.
  17-25              ARTICLE 7.  ENFORCEMENT BY PRIVATE PERSONS
  17-26        SECTION 7.01.  CIVIL ACTION.  (a)  An aggrieved person may
  17-27  file a civil action in district court not later than the second
   18-1  year after the occurrence of the termination of an alleged
   18-2  discriminatory practice, or the breach of a conciliation agreement
   18-3  entered into under this Act, whichever occurs last, to obtain
   18-4  appropriate relief with respect to the discriminatory practice or
   18-5  breach.
   18-6        (b)  The two-year period does not include any time during
   18-7  which an administrative hearing under this Act is pending with
   18-8  respect to a complaint or charge under this Act based on the
   18-9  discriminatory practice.  This subsection does not apply to actions
  18-10  arising from a breach of a conciliation agreement.
  18-11        (c)  An aggrieved person may file an action under this
  18-12  section whether or not a complaint has been filed under Section
  18-13  6.01 of this Act and without regard to the status of any complaint
  18-14  filed under that section.
  18-15        (d)  If the commission has obtained a conciliation agreement
  18-16  with the consent of an aggrieved person, the aggrieved person may
  18-17  not file an action under this section with respect to the alleged
  18-18  discriminatory practice that forms the basis for the complaint
  18-19  except to enforce the terms of the agreement.
  18-20        (e)  An aggrieved person may not file an action under this
  18-21  section with respect to an alleged discriminatory practice that
  18-22  forms the basis of a charge issued by the commission if the
  18-23  commission has begun a hearing on the record under this Act with
  18-24  respect to the charge.
  18-25        SECTION 7.02.  RELIEF GRANTED.  In an action under this
  18-26  article, if the court finds that a discriminatory practice has
  18-27  occurred or is about to occur, the court may award to the
   19-1  plaintiff:
   19-2              (1)  actual and punitive damages;
   19-3              (2)  reasonable attorney's fees;
   19-4              (3)  court costs; and
   19-5              (4)  subject to Section 7.03 of this Act, any permanent
   19-6  or temporary injunction, temporary restraining order, or other
   19-7  order, including an order enjoining the defendant from engaging in
   19-8  the practice or ordering appropriate affirmative action.
   19-9        SECTION 7.03.  EFFECT OF RELIEF GRANTED.  Relief granted
  19-10  under this article does not affect a contract, sale, encumbrance,
  19-11  or lease that:
  19-12              (1)  was consummated before the granting of the relief;
  19-13  and
  19-14              (2)  involved a bona fide purchaser, encumbrancer, or
  19-15  tenant who did not have actual notice of the filing of a complaint
  19-16  under this Act or a civil action under this article.
  19-17        SECTION 7.04.  INTERVENTION BY ATTORNEY GENERAL.  (a)  The
  19-18  attorney general may intervene in an action under this article if
  19-19  the attorney general certifies that the case is of general public
  19-20  importance.
  19-21        (b)  The attorney general may obtain the same relief
  19-22  available to the attorney general under Section 8.01(b) of this
  19-23  Act.
  19-24              ARTICLE 8.  ENFORCEMENT BY ATTORNEY GENERAL
  19-25        SECTION 8.01.  PATTERN OR PRACTICE CASES.  (a)  The attorney
  19-26  general may file a civil action in district court for appropriate
  19-27  relief if the attorney general has reasonable cause to believe
   20-1  that:
   20-2              (1)  a person is engaged in a pattern or practice of
   20-3  resistance to the full enjoyment of any right granted by this Act;
   20-4  or
   20-5              (2)  a person has been denied any right granted by this
   20-6  Act and that denial raises an issue of general public importance.
   20-7        (b)  In an action under this section the court may:
   20-8              (1)  award preventive relief, including a permanent or
   20-9  temporary injunction, restraining order, or other order against the
  20-10  person responsible for a violation of this Act as necessary to
  20-11  assure the full enjoyment of the rights granted by this Act;
  20-12              (2)  award other appropriate relief, including monetary
  20-13  damages, reasonable attorney's fees, and court costs; and
  20-14              (3)  to vindicate the public interest, assess a civil
  20-15  penalty against the respondent in an amount that does not exceed:
  20-16                    (A)  $50,000 for a first violation; and
  20-17                    (B)  $100,000 for a second or subsequent
  20-18  violation.
  20-19        (c)  A person may intervene in an action under this section
  20-20  if the person is:
  20-21              (1)  an aggrieved person to the discriminatory
  20-22  practice; or
  20-23              (2)  a party to a conciliation agreement concerning the
  20-24  discriminatory practice.
  20-25        SECTION 8.02.  SUBPOENA ENFORCEMENT.  The attorney general,
  20-26  on behalf of the commission or other party at whose request a
  20-27  subpoena is issued under this Act, may enforce the subpoena in
   21-1  appropriate proceedings in district court.
   21-2                     ARTICLE 9.  CRIMINAL PENALTY
   21-3        SECTION 9.01.  CRIMINAL PENALTY.  (a)  A person commits an
   21-4  offense if the person intentionally violates Article 3, 4, or 5 of
   21-5  this Act.
   21-6        (b)  An offense under this section is a Class A misdemeanor.
   21-7                ARTICLE 10.  EFFECTIVE DATE; EMERGENCY
   21-8        SECTION 10.01.  EFFECTIVE DATE.  This Act takes effect
   21-9  September 1, 1993.
  21-10        SECTION 10.02.  Emergency.  The importance of this
  21-11  legislation and the crowded condition of the calendars in both
  21-12  houses create an emergency and an imperative public necessity that
  21-13  the constitutional rule requiring bills to be read on three several
  21-14  days in each house be suspended, and this rule is hereby suspended.