By Wilson H.B. No. 868
76R4565 MLS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the Texas Human Rights Protection Act; providing civil
1-3 penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle E, Title 4, Government Code, is amended
1-6 by adding Chapter 462 to read as follows:
1-7 CHAPTER 462. TEXAS HUMAN RIGHTS PROTECTION ACT
1-8 SUBCHAPTER A. GENERAL PROVISIONS
1-9 Sec. 462.001. SHORT TITLE. This chapter may be cited as the
1-10 Texas Human Rights Protection Act.
1-11 Sec. 462.002. PURPOSES; FINDING. (a) The purposes of this
1-12 chapter include:
1-13 (1) protecting the personal dignity of the people of
1-14 this state;
1-15 (2) avoiding domestic strife and unrest in this state;
1-16 (3) preserving the public safety, health, and general
1-17 welfare of this state;
1-18 (4) promoting the interests, rights, and privileges of
1-19 persons in this state; and
1-20 (5) creating an administrative procedure and civil
1-21 remedy for persons subjected to acts of discrimination involving
1-22 hate crimes or practices because of a person's race, color, mental
1-23 or physical disability, religion, sex, national origin, or
1-24 ancestry.
2-1 (b) The legislature finds that there exists a compelling
2-2 public or governmental purpose in preventing hate crimes or
2-3 practices as defined in this subchapter and in creating liability
2-4 on the part of persons who engage in those hate crimes or
2-5 practices.
2-6 Sec. 462.003. DEFINITIONS. In this subchapter:
2-7 (1) "Aggrieved person" means any person who:
2-8 (A) claims to have been injured by a hate crime
2-9 or practice; or
2-10 (B) believes that the person will be injured by
2-11 a hate crime or practice that is about to occur.
2-12 (2) "Commission" means the Commission on Human Rights.
2-13 (3) "Complainant" means a person, including the
2-14 commission, that files a complaint under Section 462.151.
2-15 (4) "Conciliation" means the informal negotiations
2-16 between an aggrieved person, the respondent, and the commission to
2-17 resolve issues raised by a complaint or by the investigation of the
2-18 complaint.
2-19 (5) "Conciliation agreement" means a written agreement
2-20 resolving the issues negotiated during conciliation that is
2-21 enforceable in court.
2-22 (6) "Harass" means engaging in pervasive conduct that
2-23 a reasonable person believes constitutes a threat to a person's
2-24 safety or property because of that person's race, color, mental or
2-25 physical disability, religion, sex, national origin, or ancestry.
2-26 (7) "Hate crime or practice" means:
2-27 (A) any conduct by force or threat that
3-1 intentionally harasses a person, causes bodily harm to a person, or
3-2 results in the destruction of a person's property because of that
3-3 person's race, color, mental or physical disability, religion, sex,
3-4 national origin, or ancestry; or
3-5 (B) an offense for which punishment is increased
3-6 under Section 12.47, Penal Code.
3-7 (8) "Respondent" means a person:
3-8 (A) accused of a violation of this chapter in a
3-9 complaint alleging a hate crime or practice;
3-10 (B) identified as an additional or substitute
3-11 respondent or an agent of an additional or substitute respondent
3-12 under Section 462.154;
3-13 (C) identified as participating in the planning
3-14 of a hate crime or practice committed by another person; or
3-15 (D) identified as aiding or encouraging another
3-16 person to commit a hate crime or practice.
3-17 Sec. 462.004. CONSTRUCTION OF CHAPTER. The statutory civil
3-18 remedies or theories of recovery created by this chapter may not be
3-19 expanded beyond their express statutory terms.
3-20 (Sections 462.005-462.050 reserved for expansion
3-21 SUBCHAPTER B. HATE CRIMES AND PRACTICES PROHIBITED
3-22 Sec. 462.051. PROHIBITED CONDUCT. (a) A person may not
3-23 engage in, or encourage another person to engage in, a hate crime
3-24 or practice.
3-25 (b) A person may not, without regard to whether a person is
3-26 acting under color of law, by force or threat of force,
3-27 intentionally harass, interfere with, or attempt to harass or
4-1 interfere with another person because that person is:
4-2 (1) participating in an activity, service, or
4-3 organization because of that person's race, color, religion, sex,
4-4 mental or physical disability, national origin, or ancestry; or
4-5 (2) affording another person an opportunity or
4-6 protection to participate under Subdivision (1).
4-7 (c) A person may not, without regard to whether a person is
4-8 acting under color of law, by force or threat of force,
4-9 intentionally harass, interfere with, or attempt to harass or
4-10 interfere with a person, including a member, employee, or agent of
4-11 the commission, who:
4-12 (1) opposes a hate crime or practice;
4-13 (2) files a complaint with the commission under this
4-14 chapter; or
4-15 (3) testifies, assists, or participates in any manner
4-16 in an investigation or proceeding under this chapter.
4-17 (Sections 462.052-462.100 reserved for expansion
4-18 SUBCHAPTER C. ADMINISTRATIVE PROVISIONS
4-19 Sec. 462.101. COMMISSION ON HUMAN RIGHTS. The Commission on
4-20 Human Rights shall administer this chapter.
4-21 Sec. 462.102. RULES. The commission may adopt rules
4-22 necessary to implement this chapter.
4-23 Sec. 462.103. COMPLAINTS. As provided by Subchapter D, the
4-24 commission shall receive, investigate, seek to conciliate, and act
4-25 on complaints alleging violations of this chapter.
4-26 Sec. 462.104. DELEGATION OF AUTHORITY. The commission by
4-27 rule may authorize the executive director of the commission to
5-1 exercise the commission's powers or perform the commission's duties
5-2 under this chapter.
5-3 Sec. 462.105. REPORTS AND STUDIES. (a) The commission
5-4 shall, at least annually, publish a written report recommending
5-5 legislative or other action to carry out the purposes of this
5-6 chapter.
5-7 (b) The commission shall make studies relating to the nature
5-8 and extent of hate crimes or practices in this state and may
5-9 recommend to the legislature the inclusion of additional protected
5-10 classes.
5-11 Sec. 462.106. COOPERATION WITH OTHER ENTITIES. The
5-12 commission shall cooperate with and may provide technical and other
5-13 assistance to federal, state, local, and other public or private
5-14 entities that are designing or operating programs to prevent or
5-15 eliminate hate crimes or practices.
5-16 Sec. 462.107. SUBPOENAS AND DISCOVERY. (a) The commission
5-17 may issue subpoenas and order discovery in investigations and
5-18 hearings under this chapter.
5-19 (b) The subpoenas and discovery may be ordered to the same
5-20 extent and are subject to the same limitations as subpoenas and
5-21 discovery in a civil action in district court.
5-22 Sec. 462.108. GIFTS AND GRANTS. The commission may accept
5-23 gifts, grants, or other payments from any public or private source
5-24 for administering this chapter.
5-25 (Sections 462.109-462.150 reserved for expansion
5-26 SUBCHAPTER D. ADMINISTRATIVE ENFORCEMENT
5-27 Sec. 462.151. COMPLAINT. (a) The commission shall
6-1 investigate complaints of alleged hate crimes and practices.
6-2 (b) A complaint must be:
6-3 (1) in writing;
6-4 (2) under oath; and
6-5 (3) in the form prescribed by the commission.
6-6 (c) An aggrieved person may file a complaint with the
6-7 commission alleging a hate crime or practice. The commission may,
6-8 on behalf of an aggrieved person, file a complaint.
6-9 (d) A complaint must be filed on or before the first
6-10 anniversary of the date the alleged hate crime or practice occurs
6-11 or ends, whichever is later.
6-12 (e) A complaint may be amended at any time.
6-13 (f) On the filing of a complaint, the commission shall:
6-14 (1) give the aggrieved person notice that the
6-15 complaint has been received;
6-16 (2) advise the aggrieved person of the time limits and
6-17 choice of forums under this chapter; and
6-18 (3) not later than the 20th day after the date of the
6-19 filing of the complaint or the identification of an additional or
6-20 substitute respondent under Section 462.154, serve on each
6-21 respondent:
6-22 (A) a notice identifying the alleged hate crime
6-23 or practice and advising the respondent of the procedural rights
6-24 and obligations of a respondent under this chapter; and
6-25 (B) a copy of the original complaint.
6-26 Sec. 462.152. ANSWER. (a) Not later than the 10th day
6-27 after the date of receipt of the notice and copy of the complaint
7-1 under Section 462.151(f)(3), a respondent may file an answer to the
7-2 complaint.
7-3 (b) An answer must be:
7-4 (1) in writing;
7-5 (2) under oath; and
7-6 (3) in the form prescribed by the commission.
7-7 (c) An answer may be amended at any time.
7-8 (d) The investigation of a complaint is not stopped or
7-9 delayed by the filing of an answer.
7-10 Sec. 462.153. INVESTIGATION. (a) The commission shall
7-11 investigate all complaints and, except as provided by Subsections
7-12 (b) and (c), shall complete an investigation not later than the
7-13 100th day after the date the complaint is filed.
7-14 (b) If the commission is unable to complete the
7-15 investigation within the 100-day period under Subsection (a), the
7-16 commission shall dispose of all administrative proceedings related
7-17 to the investigation not later than the first anniversary after the
7-18 date the complaint is filed.
7-19 (c) If the commission is unable to complete an investigation
7-20 within the time periods prescribed by Subsections (a) and (b), the
7-21 commission shall notify the complainant and the respondent in
7-22 writing of the reasons for the delay.
7-23 Sec. 462.154. ADDITIONAL OR SUBSTITUTE RESPONDENT. (a) The
7-24 commission may join a person not named in the complaint as an
7-25 additional or substitute respondent if, during the investigation,
7-26 the commission determines that the person should be accused of a
7-27 hate crime or practice.
8-1 (b) In addition to the information required in the notice
8-2 under Section 462.151(f)(3), the commission shall include in a
8-3 notice to a respondent joined under this section the reasons for
8-4 the determination that the person is properly joined as a
8-5 respondent.
8-6 Sec. 462.155. CONCILIATION. (a) The commission shall,
8-7 during the period beginning with the filing of a complaint and
8-8 ending with the filing of a charge or a dismissal by the
8-9 commission, to the extent feasible, engage in conciliation with
8-10 respect to the complaint.
8-11 (b) A conciliation agreement between a respondent and the
8-12 complainant is subject to commission approval.
8-13 (c) A conciliation agreement may provide for binding
8-14 arbitration or another method of dispute resolution. Dispute
8-15 resolution that results from a conciliation agreement may authorize
8-16 appropriate relief, including monetary relief.
8-17 (d) A conciliation agreement is public information unless:
8-18 (1) the complainant and respondent agree that it is
8-19 confidential; and
8-20 (2) the commission determines that disclosure is not
8-21 necessary to further the purposes of this chapter.
8-22 (e) A statement made or action taken in the conciliation may
8-23 not be made public or used as evidence in a subsequent proceeding
8-24 under this chapter without the written consent of the person who
8-25 made the statement or took the action.
8-26 Sec. 462.156. TEMPORARY OR PRELIMINARY RELIEF. (a) The
8-27 commission may authorize a civil action for temporary or
9-1 preliminary relief pending the final disposition of a complaint if
9-2 the commission concludes after the filing of the complaint that
9-3 prompt judicial action is necessary to carry out the purposes of
9-4 this chapter.
9-5 (b) On receipt of the commission's authorization, the
9-6 attorney general shall promptly file the action.
9-7 (c) A temporary restraining order or other order granting
9-8 preliminary or temporary relief under this section is governed by
9-9 the applicable Texas Rules of Civil Procedure.
9-10 (d) The filing of a civil action under this section does not
9-11 affect the initiation or continuation of administrative proceedings
9-12 under Section 462.201.
9-13 Sec. 462.157. INVESTIGATIVE REPORT. (a) The commission
9-14 shall prepare a final investigative report including:
9-15 (1) the names of each witness and the date of each
9-16 contact with each witness;
9-17 (2) a summary of correspondence and other contacts
9-18 with the aggrieved person and the respondent showing the dates of
9-19 the correspondence and contacts;
9-20 (3) a summary description of other pertinent records;
9-21 (4) a summary of witness statements; and
9-22 (5) answers to interrogatories.
9-23 (b) A final report under this section may be amended if
9-24 additional evidence is discovered.
9-25 (c) The names of witnesses may be kept confidential unless
9-26 disclosure is required to prosecute the complaint.
9-27 Sec. 462.158. REASONABLE CAUSE DETERMINATION. (a) The
10-1 commission shall determine from the facts whether reasonable cause
10-2 exists to believe that a hate crime or practice has occurred or is
10-3 about to occur.
10-4 (b) The commission shall make the determination under
10-5 Subsection (a) not later than the 100th day after the date a
10-6 complaint is filed unless the commission:
10-7 (1) finds that making the determination is
10-8 impracticable; or
10-9 (2) approves a conciliation agreement relating to the
10-10 complaint.
10-11 (c) If within the period provided by Subsection (b) the
10-12 commission finds that making the determination is impracticable,
10-13 the commission shall give in writing to the complainant and the
10-14 respondent the reasons for the delay.
10-15 (d) If the commission determines that reasonable cause
10-16 exists to believe that a hate crime or practice has occurred or is
10-17 about to occur, the commission shall, except as provided by Section
10-18 462.159, immediately issue a charge on behalf of the aggrieved
10-19 person.
10-20 Sec. 462.159. CHARGE. (a) A charge issued under Section
10-21 462.158:
10-22 (1) must consist of a short and plain statement of the
10-23 facts on which the commission finds reasonable cause to believe
10-24 that a hate crime or practice has occurred or is about to occur;
10-25 (2) must be based on the final investigative report;
10-26 and
10-27 (3) is not limited to the facts or grounds alleged in
11-1 the complaint.
11-2 (b) Not later than the 20th day after the date the
11-3 commission issues a charge, the commission shall send a copy of the
11-4 charge with information about the election under Section 462.162
11-5 to:
11-6 (1) each respondent; and
11-7 (2) each aggrieved person on whose behalf the
11-8 complaint was filed.
11-9 (c) The commission shall include with a charge sent to a
11-10 respondent a notice of the opportunity for a hearing under Section
11-11 462.201.
11-12 Sec. 462.160. DISMISSAL. (a) If the commission determines
11-13 that no reasonable cause exists to believe that a hate crime or
11-14 practice that is the subject of a complaint has occurred or is
11-15 about to occur, the commission shall promptly dismiss the
11-16 complaint.
11-17 (b) The commission shall make public disclosure of each
11-18 dismissal.
11-19 Sec. 462.161. PENDING CIVIL TRIAL. The commission may not
11-20 issue a charge alleging a hate crime or practice after the
11-21 beginning of the trial of a civil action commenced by the aggrieved
11-22 party under federal or state law seeking relief with respect to
11-23 that hate crime or practice.
11-24 Sec. 462.162. ELECTION OF JUDICIAL DETERMINATION. (a) A
11-25 complainant, a respondent, or an aggrieved person on whose behalf a
11-26 complaint was filed may elect to have the claims asserted in the
11-27 charge decided in a civil action under Section 462.251 or 462.301.
12-1 (b) The election must be made not later than the 20th day
12-2 after the date the person having the election receives service
12-3 under Section 462.159(b) or, in the case of the commission, not
12-4 later than the 20th day after the date the charge is issued.
12-5 (c) The person making the election shall give notice to the
12-6 commission and to all other complainants and respondents to whom
12-7 the charge relates.
12-8 (d) Venue for an action is in district court in Travis
12-9 County, Texas, or in the county in which the alleged hate crime or
12-10 practice occurred.
12-11 (Sections 462.163-462.200 reserved for expansion
12-12 SUBCHAPTER E. ADMINISTRATIVE HEARINGS
12-13 Sec. 462.201. ADMINISTRATIVE HEARING. (a) If a timely
12-14 election is not made under Section 462.162, the commission shall
12-15 provide for a hearing on the charge.
12-16 (b) Except as provided by Subsection (c), Chapter 2001
12-17 governs a hearing and an appeal of a hearing.
12-18 (c) A hearing under this section on an alleged hate crime or
12-19 practice may not continue after the beginning of the trial of a
12-20 civil action commenced by the aggrieved person under federal or
12-21 state law seeking relief with respect to the hate crime or
12-22 practice.
12-23 Sec. 462.202. ADMINISTRATIVE PENALTIES. (a) If the
12-24 commission determines at a hearing under Section 462.201 that a
12-25 respondent has engaged in or is about to engage in a hate crime or
12-26 practice, the commission may order the appropriate relief,
12-27 including compensatory and punitive damages, reasonable attorney's
13-1 fees, court costs, and other injunctive or equitable relief.
13-2 (b) To vindicate the public's interest, the commission may
13-3 assess a civil penalty against the respondent in an amount that
13-4 does not exceed:
13-5 (1) $25,000; or
13-6 (2) except as provided by Subsection (c):
13-7 (A) $50,000 if the respondent has been found by
13-8 order of the commission or a court to have committed one other hate
13-9 crime or practice during the five-year period ending on the date of
13-10 the filing of the charges; or
13-11 (B) $100,000 if the respondent has been found by
13-12 the commission or a court to have committed two or more hate crimes
13-13 or practices during the seven-year period ending on the date of
13-14 filing of the charge.
13-15 (c) If the acts constituting the hate crime or practice that
13-16 is the object of the charge are committed by the same individual
13-17 who has previously been found to have committed acts constituting a
13-18 hate crime or practice, the civil penalties in Subsection (b)(2)
13-19 may be imposed without regard to the period of time within which
13-20 any other hate crime or practice occurred.
13-21 (d) At the request of the commission, the attorney general
13-22 shall sue to recover a civil penalty due under this section.
13-23 (e) If a person who is a victim of a hate crime or practice
13-24 dies as a result of the hate crime or practice, the commission may
13-25 award that person's estate any damages, fees, costs, or equitable
13-26 relief authorized by this section.
13-27 (f) If more than one respondent is the subject of a civil
14-1 action under this section, the respondent shall be jointly liable
14-2 for any civil penalties, damages, attorney's fees, costs, and other
14-3 relief authorized by this section.
14-4 Sec. 462.203. LICENSED OR REGULATED BUSINESS. If the
14-5 commission issues an order with respect to a hate crime or practice
14-6 that occurs in the course of a business subject to licensing or
14-7 regulation by a governmental unit, the commission shall, not later
14-8 than the 30th day after the date the order is issued:
14-9 (1) send copies of the findings and the order to the
14-10 governmental unit; and
14-11 (2) recommend to the governmental unit an appropriate
14-12 disciplinary action.
14-13 Sec. 462.204. ORDER IN PRECEDING FIVE YEARS. If the
14-14 commission issues an order against a respondent against whom
14-15 another order was issued within the preceding five years under
14-16 Section 462.202, the commission shall send a copy of each order to
14-17 the attorney general.
14-18 (Sections 462.205-462.250 reserved for expansion
14-19 SUBCHAPTER F. ENFORCEMENT BY ATTORNEY GENERAL
14-20 Sec. 462.251. ATTORNEY GENERAL ACTION FOR ENFORCEMENT. (a)
14-21 If a timely election is made under Section 462.162, and not later
14-22 than the 30th day after the date the election is made, the
14-23 commission shall authorize and the attorney general shall file a
14-24 civil action seeking relief on behalf of the aggrieved person in a
14-25 district court.
14-26 (b) If the complaint was filed by an aggrieved person, venue
14-27 for an action is in the county in which the alleged hate crime or
15-1 practice occurred or is about to occur. If the complaint was filed
15-2 by the commission, venue for the action is in Travis County, Texas.
15-3 (c) An aggrieved person may intervene in the action.
15-4 (d) If the court finds that a hate crime or practice has
15-5 occurred or is about to occur, the court may grant as relief any
15-6 relief that a court may grant in a civil action under Subchapter G.
15-7 (e) The court may not find the commission liable for
15-8 attorney's fees under this chapter.
15-9 (f) If monetary relief is sought for the benefit of an
15-10 aggrieved person who does not intervene in the civil action, the
15-11 court may not award the monetary relief if that aggrieved person
15-12 has not complied with discovery orders entered by the court.
15-13 (g) If a person who is a victim of a hate crime or practice
15-14 dies as a result of the hate crime or practice, the commission may
15-15 award that person's estate any damages, fees, costs, or equitable
15-16 relief authorized by this section.
15-17 Sec. 462.252. PATTERN OR PRACTICE CASE. (a) On the request
15-18 of the commission, the attorney general may file a civil action in
15-19 district court for appropriate relief if the commission has
15-20 reasonable cause to believe that:
15-21 (1) a person is engaged in a pattern or practice of
15-22 resistance to the full enjoyment of a right granted under this
15-23 chapter; or
15-24 (2) a person has been denied a right granted by this
15-25 chapter and that denial raises an issue of general public
15-26 importance.
15-27 (b) To vindicate the public's interest, the court may assess
16-1 a civil penalty against the respondent in an amount that does not
16-2 exceed:
16-3 (1) $25,000; or
16-4 (2) except as provided by Subsection (c):
16-5 (A) $50,000 if the respondent has been found by
16-6 order of the commission or a court to have committed one other hate
16-7 crime or practice during the five-year period ending on the date of
16-8 the filing of the charges; or
16-9 (B) $100,000 if the respondent has been found by
16-10 the commission or a court to have committed two or more hate crimes
16-11 or practices during the seven-year period ending on the date of
16-12 filing of the charge.
16-13 (c) If the acts constituting the hate crime or practice that
16-14 is the object of the charge are committed by the same individual
16-15 who has previously been found to have committed acts constituting a
16-16 hate crime or practice, the civil penalties in Subsection (b)(2)
16-17 may be imposed without regard to the period of time within which
16-18 any other hate crime or practice occurred.
16-19 Sec. 462.253. SUBPOENA ENFORCEMENT. The attorney general,
16-20 on behalf of the commission or another party at whose request a
16-21 subpoena is issued under this chapter, may enforce the subpoena in
16-22 appropriate proceedings in district court in Travis County, Texas.
16-23 Sec. 462.254. CONCILIATION AGREEMENT ENFORCEMENT. The
16-24 attorney general, on behalf of the commission or another party at
16-25 whose request a conciliation agreement is issued under this
16-26 chapter, may enforce the conciliation agreement in appropriate
16-27 proceedings in district court in Travis County, Texas.
17-1 (Sections 462.255-462.300 reserved for expansion
17-2 SUBCHAPTER G. ENFORCEMENT BY PRIVATE PERSONS
17-3 Sec. 462.301. CIVIL ACTION. (a) An aggrieved person may
17-4 file a civil action in district court not later than the second
17-5 year after the date of the occurrence or the termination of an
17-6 alleged hate crime or practice or the breach of a conciliation
17-7 agreement entered under this chapter, whichever occurs last, to
17-8 obtain appropriate relief, including temporary injunctive relief,
17-9 with respect to the hate crime or practice or breach. If an
17-10 aggrieved person alleges a breach of a conciliation agreement, the
17-11 aggrieved person shall notify the commission in writing not later
17-12 than the seventh day before the aggrieved person files suit to
17-13 enforce the conciliation agreement.
17-14 (b) The two-year period does not include any time during
17-15 which an administrative hearing under this chapter is pending with
17-16 respect to a complaint or charge under this chapter based on the
17-17 hate crime or practice. This subsection does not apply to actions
17-18 arising from the breach of a conciliation agreement.
17-19 (c) An aggrieved person may file an action whether a
17-20 complaint has been filed under Section 462.151 and without regard
17-21 to the status of any complaint filed under that section.
17-22 (d) If the commission has obtained a conciliation agreement
17-23 with the consent of an aggrieved person, the aggrieved person may
17-24 not file an action with respect to the alleged hate crime or
17-25 practice that forms the basis of the complaint except to enforce
17-26 the terms of the agreement.
17-27 (e) An aggrieved person may not file an action with respect
18-1 to an alleged hate crime or practice that forms the basis of a
18-2 charge issued by the commission if the commission has begun a
18-3 hearing on the record under this chapter with respect to the
18-4 charge.
18-5 (f) Venue for an action under this section is the county in
18-6 which the alleged hate crime or practice occurred or is about to
18-7 occur.
18-8 Sec. 462.302. COURT-APPOINTED ATTORNEY. On application by a
18-9 person alleging a hate crime or practice or by a person against
18-10 whom a hate crime or practice is alleged, the court may appoint an
18-11 attorney for the person.
18-12 Sec. 462.303. RELIEF GRANTED. (a) If the court finds that
18-13 a hate crime or practice has occurred or is about to occur, the
18-14 court may award to the plaintiff:
18-15 (1) compensatory and punitive damages;
18-16 (2) reasonable attorney's fees;
18-17 (3) court costs; and
18-18 (4) a permanent or temporary injunction, temporary
18-19 restraining order, or other order, including an order enjoining the
18-20 defendant from engaging in the practice or ordering appropriate
18-21 affirmative action.
18-22 (b) If a person who is a victim of a hate crime or practice
18-23 dies as a result of the hate crime or practice, the commission may
18-24 award that person's estate any damages, fees, costs, or equitable
18-25 relief authorized by this section.
18-26 (c) If more than one respondent is the subject of a civil
18-27 action under this section, the respondent shall be jointly liable
19-1 for any civil penalties, damages, attorney's fees, costs, and other
19-2 relief authorized by this section.
19-3 Sec. 462.304. INTERVENTION BY ATTORNEY GENERAL. (a) On
19-4 request of the commission, the attorney general may intervene in an
19-5 action under this subchapter if the commission certifies that the
19-6 case is of general public importance.
19-7 (b) The attorney general may obtain the same relief as is
19-8 available to the attorney general under Section 462.252(b).
19-9 Sec. 462.305. PREVAILING PARTY. A court in a civil action
19-10 brought under this chapter or the commission in an administrative
19-11 hearing under Section 462.201 may award reasonable attorney's fees
19-12 to the prevailing party and assess court costs against the
19-13 nonprevailing party.
19-14 SECTION 2. A claimant under Chapter 462, Government Code, as
19-15 added by this Act, may not recover damages or obtain other relief
19-16 under that chapter as a result of any conduct described by Section
19-17 462.051, Government Code, as added by this Act, that occurred
19-18 before the effective date of this Act.
19-19 SECTION 3. The importance of this legislation and the
19-20 crowded condition of the calendars in both houses create an
19-21 emergency and an imperative public necessity that the
19-22 constitutional rule requiring bills to be read on three several
19-23 days in each house be suspended, and this rule is hereby suspended,
19-24 and that this Act take effect and be in force from and after its
19-25 passage, and it is so enacted.