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.