By Danburg H.B. No. 487
75R892 PB-D
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. SHORT TITLE. This chapter may be cited as the
1-11 Texas Employment Nondiscrimination Act.
1-12 Sec. 23.002. DEFINITIONS. In this chapter:
1-13 (1) "Commission" means the Commission on Human Rights.
1-14 (2) "Covered entity" includes an employer, an
1-15 employment agency, a labor organization, a joint labor management
1-16 committee, or another person.
1-17 (3) "Employer" has the meaning assigned by Section
1-18 21.002(8).
1-19 (4) "Employment agency" has the meaning assigned by
1-20 Section 21.002(9).
1-21 (5) "Labor organization" has the meaning assigned by
1-22 Section 21.002(10).
1-23 (6) "Religious organization" means:
1-24 (A) a religious corporation, association, or
2-1 society; or
2-2 (B) a school, institution of higher education,
2-3 or other educational institution, not otherwise a religious
2-4 organization, that:
2-5 (i) is wholly or substantially controlled,
2-6 managed, owned, or supported by a religious organization; or
2-7 (ii) has a curriculum directed toward the
2-8 propagation of a particular religion.
2-9 (7) "Sexual orientation" means homosexual, bisexual,
2-10 or heterosexual orientation, whether that orientation is real or
2-11 perceived.
2-12 Sec. 23.003. RULES. The commission may adopt rules as
2-13 necessary to implement this chapter.
2-14 Sec. 23.004. NOTICES. Each covered entity shall post, in
2-15 the form and manner prescribed by commission rule, notices to
2-16 inform employees, applicants for employment, and members of the
2-17 entity of the applicable provisions of this chapter.
2-18 Sec. 23.005. EFFECT ON OTHER LAW. This chapter does not
2-19 limit or affect the rights, remedies, or procedures available to an
2-20 individual who claims discrimination prohibited under federal law,
2-21 another state law, or an order or ordinance of a political
2-22 subdivision of this state.
2-23 Sec. 23.006. NO DISPARATE IMPACT. The fact that a
2-24 particular employment practice has a disparate impact, as that term
2-25 is used under Section 703(k), Civil Rights Act of 1964 (42 U.S.C.
2-26 Section 2000e-2(k)), on the basis of sexual orientation does not
2-27 establish a prima facie violation of this chapter.
3-1 (Sections 23.007-23.020 reserved for expansion
3-2 SUBCHAPTER B. UNLAWFUL EMPLOYMENT PRACTICES
3-3 Sec. 23.021. DISCRIMINATION PROHIBITED. A covered entity
3-4 may not:
3-5 (1) subject an individual to different standards or
3-6 treatment on the basis of sexual orientation;
3-7 (2) discriminate against an individual based on the
3-8 sexual orientation of persons with whom the individual is believed
3-9 to associate or to have associated; or
3-10 (3) otherwise discriminate against an individual on
3-11 the basis of sexual orientation.
3-12 Sec. 23.022. RETALIATION AND COERCION PROHIBITED. (a) A
3-13 covered entity may not discriminate against an individual because
3-14 the individual:
3-15 (1) opposes any act or practice prohibited by this
3-16 chapter;
3-17 (2) makes or files a charge; or
3-18 (3) assists, testifies, or participates in any manner
3-19 in an investigation, proceeding, or hearing conducted under this
3-20 chapter.
3-21 (b) A covered entity may not coerce, intimidate, threaten,
3-22 or interfere with an individual in the exercise or enjoyment of, or
3-23 because the individual has exercised, enjoyed, assisted, or
3-24 encouraged the exercise or enjoyment of, a right granted or
3-25 protected by this chapter.
3-26 Sec. 23.023. PROHIBITION OF QUOTAS AND PREFERENTIAL
3-27 TREATMENT. A covered entity may not:
4-1 (1) adopt or implement a quota on the basis of sexual
4-2 orientation; or
4-3 (2) give preferential treatment to an individual on
4-4 the basis of sexual orientation.
4-5 (Sections 23.024-23.040 reserved for expansion
4-6 SUBCHAPTER C. APPLICATION; EXCEPTIONS
4-7 Sec. 23.041. LIABILITY OF GOVERNMENTAL ENTITY. (a) The
4-8 state or a political subdivision of this state is liable for a
4-9 violation of this chapter.
4-10 (b) Sovereign immunity is waived and abolished to the extent
4-11 of liability created by this chapter.
4-12 Sec. 23.042. APPLICATION TO CERTAIN BENEFITS. This chapter
4-13 does not apply to the provision of employee benefits to an
4-14 individual for the benefit of the individual's partner.
4-15 Sec. 23.043. RELIGIOUS ORGANIZATION. (a) Except as
4-16 provided by Subsection (b), this chapter does not apply to a
4-17 religious organization.
4-18 (b) This chapter does apply to activities conducted by a
4-19 religious organization for profit to the extent that those
4-20 activities are subject to federal taxation under Section 511(a),
4-21 Internal Revenue Code of 1986 (26 U.S.C. Section 511(a)), as that
4-22 section existed on September 1, 1997.
4-23 Sec. 23.044. VETERANS' PREFERENCE. This chapter does not
4-24 repeal or modify a state or local law that creates a special right
4-25 or preference in employment for a veteran of the armed forces of
4-26 the United States.
4-27 (Sections 23.045-23.060 reserved for expansion
5-1 SUBCHAPTER D. ENFORCEMENT
5-2 Sec. 23.061. COMMISSION AUTHORITY; ENFORCEMENT; PROCEDURES.
5-3 (a) The commission has the same authority to administer and
5-4 enforce this chapter as it exercises under Chapter 21.
5-5 (b) The procedures and remedies applicable to a claim for a
5-6 violation of this chapter are the procedures and remedies
5-7 applicable to a claim brought under Chapter 21.
5-8 Sec. 23.062. ATTORNEY'S FEES. A prevailing party to an
5-9 action brought under this chapter is entitled to attorney's fees in
5-10 the manner provided by Section 21.259.
5-11 SECTION 2. This Act takes effect September 1, 1997, and
5-12 applies to conduct of a covered entity, as that term is defined by
5-13 Chapter 23, Labor Code, as added by this Act, occurring on or after
5-14 that date. Conduct occurring before that date is governed by the
5-15 law in effect on the date that the claim was filed, and the former
5-16 law is continued in effect for that purpose.
5-17 SECTION 3. The importance of this legislation and the
5-18 crowded condition of the calendars in both houses create an
5-19 emergency and an imperative public necessity that the
5-20 constitutional rule requiring bills to be read on three several
5-21 days in each house be suspended, and this rule is hereby suspended.