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.