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.