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.