By Maxey H.B. No. 475 76R2752 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 the actual or perceived 2-10 status of a person with respect to the person's sexuality. 2-11 Sec. 23.003. RULES. The commission may adopt rules as 2-12 necessary to implement this chapter. 2-13 Sec. 23.004. NOTICES. Each covered entity shall post, in 2-14 the form and manner prescribed by commission rule, notices to 2-15 inform employees, applicants for employment, and members of the 2-16 entity of the applicable provisions of this chapter. 2-17 Sec. 23.005. 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. 23.006. NO DISPARATE IMPACT. The fact that a 2-23 particular employment practice has a disparate impact, as that term 2-24 is used under Section 703(k), Civil Rights Act of 1964 (42 U.S.C. 2-25 Section 2000e-2(k)), on the basis of sexual orientation does not 2-26 establish a prima facie violation of this chapter. 2-27 (Sections 23.007-23.020 reserved for expansion 3-1 SUBCHAPTER B. UNLAWFUL EMPLOYMENT PRACTICES 3-2 Sec. 23.021. DISCRIMINATION PROHIBITED. A covered entity 3-3 may not: 3-4 (1) subject an individual to different standards or 3-5 treatment on the basis of sexual orientation; 3-6 (2) discriminate against an individual based on the 3-7 sexual orientation of persons with whom the individual is believed 3-8 to associate or to have associated; or 3-9 (3) otherwise discriminate against an individual on 3-10 the basis of sexual orientation. 3-11 Sec. 23.022. RETALIATION AND COERCION PROHIBITED. (a) A 3-12 covered entity may not discriminate against an individual because 3-13 the individual: 3-14 (1) opposes any act or practice prohibited by this 3-15 chapter; 3-16 (2) makes or files a charge; or 3-17 (3) assists, testifies, or participates in any manner 3-18 in an investigation, proceeding, or hearing conducted under this 3-19 chapter. 3-20 (b) A covered entity may not coerce, intimidate, threaten, 3-21 or interfere with an individual in the exercise or enjoyment of, or 3-22 because the individual has exercised, enjoyed, assisted, or 3-23 encouraged the exercise or enjoyment of, a right granted or 3-24 protected by this chapter. 3-25 Sec. 23.023. PROHIBITION OF QUOTAS AND PREFERENTIAL 3-26 TREATMENT. A covered entity may not: 3-27 (1) adopt or implement a quota on the basis of sexual 4-1 orientation; or 4-2 (2) give preferential treatment to an individual on 4-3 the basis of sexual orientation. 4-4 (Sections 23.024-23.040 reserved for expansion 4-5 SUBCHAPTER C. APPLICATION; EXCEPTIONS 4-6 Sec. 23.041. LIABILITY OF GOVERNMENTAL ENTITY. (a) The 4-7 state or a political subdivision of this state is liable for a 4-8 violation of this chapter. 4-9 (b) Sovereign immunity is waived and abolished to the extent 4-10 of liability created by this chapter. 4-11 Sec. 23.042. APPLICATION TO CERTAIN BENEFITS. This chapter 4-12 does not apply to the provision of employee benefits to an 4-13 individual for the benefit of the individual's partner. 4-14 Sec. 23.043. RELIGIOUS ORGANIZATION. (a) Except as 4-15 provided by Subsection (b), this chapter does not apply to a 4-16 religious organization. 4-17 (b) This chapter does apply to activities conducted by a 4-18 religious organization for profit to the extent that those 4-19 activities are subject to federal taxation under Section 511(a), 4-20 Internal Revenue Code of 1986 (26 U.S.C. Section 511(a)), as that 4-21 section existed on September 1, 1999. 4-22 Sec. 23.044. VETERANS' PREFERENCE. This chapter does not 4-23 repeal or modify a state or local law that creates a special right 4-24 or preference in employment for a veteran of the armed forces of 4-25 the United States. 4-26 (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, 1999, 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.