By Rangel H.B. No. 1626 74R1717 PB-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the prohibition of employment discrimination on the 1-3 basis of sexual orientation. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subtitle A, Title 2, Labor Code, is amended by 1-6 adding Chapter 23 to read as follows: 1-7 CHAPTER 23. EMPLOYMENT DISCRIMINATION 1-8 BASED ON SEXUAL ORIENTATION 1-9 SUBCHAPTER A. GENERAL PROVISIONS 1-10 Sec. 23.001. DEFINITIONS. In this chapter: 1-11 (1) "Commission" means the Commission on Human Rights. 1-12 (2) "Covered entity" includes an employer, an 1-13 employment agency, a labor organization, a joint labor management 1-14 committee, or another person. 1-15 (3) "Employer" has the meaning assigned by Section 1-16 21.002(6). 1-17 (4) "Employment agency" has the meaning assigned by 1-18 Section 21.002(7). 1-19 (5) "Labor organization" has the meaning assigned by 1-20 Section 21.002(8). 1-21 (6) "Religious organization" means: 1-22 (A) a religious corporation, association, or 1-23 society; or 1-24 (B) a school, institution of higher education, 2-1 or other educational institution, not otherwise a religious 2-2 organization, that: 2-3 (i) is wholly or substantially controlled, 2-4 managed, owned, or supported by a religious organization; or 2-5 (ii) has a curriculum directed toward the 2-6 propagation of a particular religion. 2-7 (7) "Sexual orientation" means homosexual, bisexual, 2-8 or heterosexual orientation, real or perceived, as manifested by 2-9 identity, acts, statements, or associations. 2-10 Sec. 23.002. RULES. The commission may adopt rules as 2-11 necessary to implement this chapter. 2-12 Sec. 23.003. NOTICES. (a) Each covered entity shall post 2-13 notices to inform employees, applicants for employment, and members 2-14 of the entity of the applicable provisions of this chapter. 2-15 (b) A notice required under this section shall be posted in 2-16 the manner prescribed by commission rule. 2-17 Sec. 23.004. EFFECT ON OTHER LAW. This chapter does not 2-18 limit or affect the rights, remedies, or procedures available to an 2-19 individual who claims discrimination prohibited under federal law, 2-20 another state law, or an order or ordinance of a political 2-21 subdivision of this state. 2-22 Sec. 23.005. NO DISPARATE IMPACT. (a) The fact that a 2-23 particular employment practice has a disparate impact on the basis 2-24 of sexual orientation does not establish a prima facie violation of 2-25 this chapter. 2-26 (b) For purposes of this section, "disparate impact" has the 2-27 meaning assigned by Section 703(k), Civil Rights Act of 1964 (42 3-1 U.S.C. Sec. 2000e-2(k)). 3-2 (Sections 23.006-23.020 reserved for expansion 3-3 SUBCHAPTER B. UNLAWFUL EMPLOYMENT PRACTICES 3-4 Sec. 23.021. DISCRIMINATION PROHIBITED. A covered entity 3-5 may not: 3-6 (1) subject an individual to different standards or 3-7 treatment on the basis of sexual orientation; 3-8 (2) discriminate against an individual based on the 3-9 sexual orientation of persons with whom the individual is believed 3-10 to associate or to have associated; or 3-11 (3) otherwise discriminate against an individual on 3-12 the basis of sexual orientation. 3-13 Sec. 23.022. RETALIATION AND COERCION PROHIBITED. (a) A 3-14 covered entity may not discriminate against an individual because 3-15 the individual: 3-16 (1) opposes any act or practice prohibited by this 3-17 chapter; 3-18 (2) makes or files a charge; or 3-19 (3) assists, testifies, or participates in any manner 3-20 in an investigation, proceeding, or hearing conducted under this 3-21 chapter. 3-22 (b) A covered entity may not coerce, intimidate, threaten, 3-23 or interfere with an individual in the exercise or enjoyment of, or 3-24 because the individual has exercised, enjoyed, assisted, or 3-25 encouraged the exercise or enjoyment of, a right granted or 3-26 protected by this chapter. 3-27 Sec. 23.023. PROHIBITION OF QUOTAS AND PREFERENTIAL 4-1 TREATMENT. A covered entity may not: 4-2 (1) adopt or implement a quota on the basis of sexual 4-3 orientation; or 4-4 (2) give preferential treatment to an individual on 4-5 the basis of sexual orientation. 4-6 (Sections 23.024-23.040 reserved for expansion 4-7 SUBCHAPTER C. APPLICATION; EXCEPTIONS 4-8 Sec. 23.041. LIABILITY OF GOVERNMENTAL ENTITY. (a) The 4-9 state or a political subdivision of this state is liable for a 4-10 violation of this chapter. 4-11 (b) Sovereign immunity is waived and abolished to the extent 4-12 of liability created by this chapter. 4-13 Sec. 23.042. APPLICATION TO CERTAIN BENEFITS. This chapter 4-14 does not apply to the provision of employee benefits to an 4-15 individual for the benefit of the individual's partner. 4-16 Sec. 23.043. RELIGIOUS ORGANIZATION. (a) Except as 4-17 provided by Subsection (b), this chapter does not apply to a 4-18 religious organization. 4-19 (b) This chapter does apply to activities conducted by a 4-20 religious organization for profit to the extent that those 4-21 activities are subject to federal taxation under Section 511(a), 4-22 Internal Revenue Code of 1986 (26 U.S.C. 511(a)), as that section 4-23 existed on September 1, 1995. 4-24 Sec. 23.044. VETERANS' PREFERENCE. This chapter does not 4-25 repeal or modify a state or local law that creates a special right 4-26 or preference in employment for a veteran of the armed forces of 4-27 the United States. 5-1 (Sections 23.045-23.060 reserved for expansion 5-2 SUBCHAPTER D. ENFORCEMENT 5-3 Sec. 23.061. COMMISSION AUTHORITY; ENFORCEMENT; PROCEDURES. 5-4 (a) The commission has the same authority to administer and 5-5 enforce this chapter as it may exercise to administer and enforce 5-6 Chapter 21. 5-7 (b) The procedures and remedies applicable to a claim for a 5-8 violation of this chapter are the procedures and remedies 5-9 applicable to a claim brought under Chapter 21. 5-10 Sec. 23.062. ATTORNEY'S FEES. A prevailing party to an 5-11 action brought under this chapter is entitled to attorney's fees in 5-12 the manner provided by Section 21.259. 5-13 SECTION 2. This Act takes effect September 1, 1995, and 5-14 applies to conduct of a covered entity, as that term is defined by 5-15 Chapter 23, Labor Code, as added by this Act, occurring on or after 5-16 that date. Conduct occurring before that date is governed by the 5-17 law in effect on the date that the claim was filed, and the former 5-18 law is continued in effect for that purpose. 5-19 SECTION 3. The importance of this legislation and the 5-20 crowded condition of the calendars in both houses create an 5-21 emergency and an imperative public necessity that the 5-22 constitutional rule requiring bills to be read on three several 5-23 days in each house be suspended, and this rule is hereby suspended.