By West                                                S.B. No. 439
         76R5647 MLS-D                           
                                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 chapter:
 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           Sec. 462.109.  HATE CRIMES AND PRACTICES ACCOUNT.  The hate
5-26     crimes and practices account is created as an account in the
5-27     general revenue fund.  The commission shall remit all money
 6-1     collected under this chapter to the comptroller for deposit to the
 6-2     credit of the account.  Money in the account may be appropriated
 6-3     only to the commission for administration of this chapter.
 6-4              (Sections 462.110-462.150 reserved for expansion
 6-5                  SUBCHAPTER D.  ADMINISTRATIVE ENFORCEMENT
 6-6           Sec. 462.151.  COMPLAINT.  (a)  The commission shall
 6-7     investigate complaints of alleged hate crimes and practices.
 6-8           (b)  A complaint must be:
 6-9                 (1)  in writing;
6-10                 (2)  under oath; and
6-11                 (3)  in the form prescribed by the commission.
6-12           (c)  An aggrieved person may file a complaint with the
6-13     commission alleging a hate crime or practice.  The commission may,
6-14     on behalf of an aggrieved person, file a complaint.
6-15           (d)  A complaint must be filed on or before the first
6-16     anniversary of the date the alleged hate crime or practice occurs
6-17     or ends, whichever is later.
6-18           (e)  A complaint may be amended at any time.
6-19           (f)  On the filing of a complaint, the commission shall:
6-20                 (1)  give the aggrieved person notice that the
6-21     complaint has been received;
6-22                 (2)  advise the aggrieved person of the time limits and
6-23     choice of forums under this chapter; and
6-24                 (3)  not later than the 20th day after the date of the
6-25     filing of the complaint or the identification of an additional or
6-26     substitute respondent under Section 462.154, serve on each
6-27     respondent:
 7-1                       (A)  a notice identifying the alleged hate crime
 7-2     or practice and advising the respondent of the procedural rights
 7-3     and obligations of a respondent under this chapter; and
 7-4                       (B)  a copy of the original complaint.
 7-5           Sec. 462.152.  ANSWER.  (a)  Not later than the 10th day
 7-6     after the date of receipt of the notice and copy of the complaint
 7-7     under Section 462.151(f)(3), a respondent may file an answer to the
 7-8     complaint.
 7-9           (b)  An answer must be:
7-10                 (1)  in writing;
7-11                 (2)  under oath; and
7-12                 (3)  in the form prescribed by the commission.
7-13           (c)  An answer may be amended at any time.
7-14           (d)  The investigation of a complaint is not stopped or
7-15     delayed by the filing of an answer.
7-16           Sec. 462.153.  INVESTIGATION.  (a)  The commission shall
7-17     investigate all complaints and, except as provided by Subsections
7-18     (b) and (c), shall complete an investigation not later than the
7-19     100th day after the date the complaint is filed.
7-20           (b)  If the commission is unable to complete the
7-21     investigation within the 100-day period under Subsection (a), the
7-22     commission shall dispose of all administrative proceedings related
7-23     to the investigation not later than the first anniversary after the
7-24     date the complaint is filed.
7-25           (c)  If the commission is unable to complete an investigation
7-26     within the time periods prescribed by Subsections (a) and (b), the
7-27     commission shall notify the complainant and the respondent in
 8-1     writing of the reasons for the delay.
 8-2           Sec. 462.154.  ADDITIONAL OR SUBSTITUTE RESPONDENT.  (a)  The
 8-3     commission may join a person not named in the complaint as an
 8-4     additional or substitute respondent if, during the investigation,
 8-5     the commission determines that the person should be accused of a
 8-6     hate crime or practice.
 8-7           (b)  In addition to the information required in the notice
 8-8     under Section 462.151(f)(3), the commission shall include in a
 8-9     notice to a respondent joined under this section the reasons for
8-10     the determination that the person is properly joined as a
8-11     respondent.
8-12           Sec. 462.155.  CONCILIATION.  (a)  The commission shall,
8-13     during the period beginning with the filing of a complaint and
8-14     ending with the filing of a charge or a dismissal by the
8-15     commission, to the extent feasible, engage in conciliation with
8-16     respect to the complaint.
8-17           (b)  A conciliation agreement between a respondent and the
8-18     complainant is subject to commission approval.
8-19           (c)  A conciliation agreement may provide for binding
8-20     arbitration or another method of dispute resolution.  Dispute
8-21     resolution that results from a conciliation agreement may authorize
8-22     appropriate relief, including monetary relief.
8-23           (d)  A conciliation agreement is public information unless:
8-24                 (1)  the complainant and respondent agree that it is
8-25     confidential; and
8-26                 (2)  the commission determines that disclosure is not
8-27     necessary to further the purposes of this chapter.
 9-1           (e)  A statement made or action taken in the conciliation may
 9-2     not be made public or used as evidence in a subsequent proceeding
 9-3     under this chapter without the written consent of the person who
 9-4     made the statement or took the action.
 9-5           Sec. 462.156.  TEMPORARY OR PRELIMINARY RELIEF.  (a)  The
 9-6     commission may authorize a civil action for temporary or
 9-7     preliminary relief pending the final disposition of a complaint if
 9-8     the commission concludes after the filing of the complaint that
 9-9     prompt judicial action is necessary to carry out the purposes of
9-10     this chapter.
9-11           (b)  On receipt of the commission's authorization, the
9-12     attorney general shall promptly file the action.
9-13           (c)  A temporary restraining order or other order granting
9-14     preliminary or temporary relief under this section is governed by
9-15     the applicable Texas Rules of Civil Procedure.
9-16           (d)  The filing of a civil action under this section does not
9-17     affect the initiation or continuation of administrative proceedings
9-18     under Section 462.201.
9-19           Sec. 462.157.  INVESTIGATIVE REPORT.  (a)  The commission
9-20     shall prepare a final investigative report including:
9-21                 (1)  the names of each witness and the date of each
9-22     contact with each witness;
9-23                 (2)  a summary of correspondence and other contacts
9-24     with the aggrieved person and the respondent showing the dates of
9-25     the correspondence and contacts;
9-26                 (3)  a summary description of other pertinent records;
9-27                 (4)  a summary of witness statements; and
 10-1                (5)  answers to interrogatories.
 10-2          (b)  A final report under this section may be amended if
 10-3    additional evidence is discovered.
 10-4          (c)  The names of witnesses may be kept confidential unless
 10-5    disclosure is required to prosecute the complaint.
 10-6          Sec. 462.158.  REASONABLE CAUSE DETERMINATION.  (a)  The
 10-7    commission shall determine from the facts whether reasonable cause
 10-8    exists to believe that a hate crime or practice has occurred or is
 10-9    about to occur.
10-10          (b)  The commission shall make the determination under
10-11    Subsection (a)  not later than the 100th day after the date a
10-12    complaint is filed unless the commission:
10-13                (1)  finds that making the determination is
10-14    impracticable; or
10-15                (2)  approves a conciliation agreement relating to the
10-16    complaint.
10-17          (c)  If within the period provided by Subsection (b) the
10-18    commission finds that making the determination is impracticable,
10-19    the commission shall give in writing to the complainant and the
10-20    respondent the reasons for the delay.
10-21          (d)  If the commission determines that reasonable cause
10-22    exists to believe that a hate crime or practice has occurred or is
10-23    about to occur, the commission shall, except as provided by Section
10-24    462.159, immediately issue a charge on behalf of the aggrieved
10-25    person.
10-26          Sec. 462.159.  CHARGE.  (a)  A charge issued under Section
10-27    462.158:
 11-1                (1)  must consist of a short and plain statement of the
 11-2    facts on which the commission finds reasonable cause to believe
 11-3    that a hate crime or practice has occurred or is about to occur;
 11-4                (2)  must be based on the final investigative report;
 11-5    and
 11-6                (3)  is not limited to the facts or grounds alleged in
 11-7    the complaint.
 11-8          (b)  Not later than the 20th day after the date the
 11-9    commission issues a charge, the commission shall send a copy of the
11-10    charge with information about the election under Section 462.162
11-11    to:
11-12                (1)  each respondent; and
11-13                (2)  each aggrieved person on whose behalf the
11-14    complaint was filed.
11-15          (c)  The commission shall include with a charge sent to a
11-16    respondent a notice of the opportunity for a hearing under Section
11-17    462.201.
11-18          Sec. 462.160.  DISMISSAL.  (a)  If the commission determines
11-19    that no reasonable cause exists to believe that a hate crime or
11-20    practice that is the subject of a complaint has occurred or is
11-21    about to occur, the commission shall promptly dismiss the
11-22    complaint.
11-23          (b)  The commission shall make public disclosure of each
11-24    dismissal.
11-25          Sec. 462.161.  PENDING CIVIL TRIAL.  The commission may not
11-26    issue a charge alleging a hate crime or practice after the
11-27    beginning of the trial of a civil action commenced by the aggrieved
 12-1    party under federal or state law seeking relief with respect to
 12-2    that hate crime or practice.
 12-3          Sec. 462.162.  ELECTION OF JUDICIAL DETERMINATION.  (a)  A
 12-4    complainant, a respondent, or an aggrieved person on whose behalf a
 12-5    complaint was filed may elect to have the claims asserted in the
 12-6    charge decided in a civil action under Section 462.251 or 462.301.
 12-7          (b)  The election must be made not later than the 20th day
 12-8    after the date the person having the election receives service
 12-9    under Section 462.159(b) or, in the case of the commission, not
12-10    later than the 20th day after the date the charge is issued.
12-11          (c)  The person making the election shall give notice to the
12-12    commission and to all other complainants and respondents to whom
12-13    the charge relates.
12-14          (d)  Venue for an action is in district court in Travis
12-15    County, Texas, or in the county in which the alleged hate crime or
12-16    practice occurred.
12-17             (Sections 462.163-462.200 reserved for expansion
12-18                  SUBCHAPTER E.  ADMINISTRATIVE HEARINGS
12-19          Sec. 462.201.  ADMINISTRATIVE HEARING.  (a)  If a timely
12-20    election is not made under Section 462.162, the commission shall
12-21    provide for a hearing on the charge.
12-22          (b)  Except as provided by Subsection (c), Chapter 2001
12-23    governs a hearing and an appeal of a hearing.
12-24          (c)  A hearing under this section on an alleged hate crime or
12-25    practice may not continue after the beginning of the trial of a
12-26    civil action commenced by the aggrieved person under federal or
12-27    state law seeking relief with respect to the hate crime or
 13-1    practice.
 13-2          Sec. 462.202.  ADMINISTRATIVE PENALTIES.  (a)  If the
 13-3    commission determines at a hearing under Section 462.201 that a
 13-4    respondent has engaged in or is about to engage in a hate crime or
 13-5    practice, the commission may order the appropriate relief,
 13-6    including compensatory and punitive damages, reasonable attorney's
 13-7    fees, court costs, and other injunctive or equitable relief.
 13-8          (b)  To vindicate the public's interest, the commission may
 13-9    assess a civil penalty against the respondent in an amount that
13-10    does not exceed:
13-11                (1)  $25,000; or
13-12                (2)  except as provided by Subsection (c):
13-13                      (A)  $50,000 if the respondent has been found by
13-14    order of the commission or a court to have committed one other hate
13-15    crime or practice during the five-year period ending on the date of
13-16    the filing of the charges; or
13-17                      (B)  $100,000 if the respondent has been found by
13-18    the commission or a court to have committed two or more hate crimes
13-19    or practices during the seven-year period ending on the date of
13-20    filing of the charge.
13-21          (c)  If the acts constituting the hate crime or practice that
13-22    is the object of the charge are committed by the same individual
13-23    who has previously been found to have committed acts constituting a
13-24    hate crime or practice, the civil penalties in Subsection (b)(2)
13-25    may be imposed without regard to the period of time within which
13-26    any other hate crime or practice occurred.
13-27          (d)  At the request of the commission, the attorney general
 14-1    shall sue to recover a civil penalty due under this section.
 14-2          (e)  If a person who is a victim of a hate crime or practice
 14-3    dies as a result of the hate crime or practice, the commission may
 14-4    award that person's estate any damages, fees, costs, or equitable
 14-5    relief authorized by this section.
 14-6          (f)  If more than one respondent is the subject of a civil
 14-7    action under this section, the respondent shall be jointly liable
 14-8    for any civil penalties, damages, attorney's fees, costs, and other
 14-9    relief authorized by this section.
14-10          Sec. 462.203.  LICENSED OR REGULATED BUSINESS.  If the
14-11    commission issues an order with respect to a hate crime or practice
14-12    that occurs in the course of a business subject to licensing or
14-13    regulation by a governmental unit, the commission shall, not later
14-14    than the 30th day after the date the order is issued:
14-15                (1)  send copies of the findings and the order to the
14-16    governmental unit; and
14-17                (2)  recommend to the governmental unit an appropriate
14-18    disciplinary action.
14-19          Sec. 462.204.  ORDER IN PRECEDING FIVE YEARS.  If the
14-20    commission issues an order against a respondent against whom
14-21    another order was issued within the preceding five years under
14-22    Section 462.202, the commission shall send a copy of each order to
14-23    the attorney general.
14-24             (Sections 462.205-462.250 reserved for expansion
14-25              SUBCHAPTER F.  ENFORCEMENT BY ATTORNEY GENERAL
14-26          Sec. 462.251.  ATTORNEY GENERAL ACTION FOR ENFORCEMENT.  (a)
14-27    If a timely election is made under Section 462.162, and not later
 15-1    than the 30th day after the date the election is made, the
 15-2    commission shall authorize and the attorney general shall file a
 15-3    civil action seeking relief on behalf of the aggrieved person in a
 15-4    district court.
 15-5          (b)  If the complaint was filed by an aggrieved person, venue
 15-6    for an action is in the county in which the alleged hate crime or
 15-7    practice occurred or is about to occur.  If the complaint was filed
 15-8    by the commission, venue for the action is in Travis County, Texas.
 15-9          (c)  An aggrieved person may intervene in the action.
15-10          (d)  If the court finds that a hate crime or practice has
15-11    occurred or is about to occur, the court may grant as relief any
15-12    relief that a court may grant in a civil action under Subchapter G.
15-13          (e)  The court may not find the commission liable for
15-14    attorney's fees under this chapter.
15-15          (f)  If monetary relief is sought for the benefit of an
15-16    aggrieved person who does not intervene in the civil action, the
15-17    court may not award the monetary relief if that aggrieved person
15-18    has not complied with discovery orders entered by the court.
15-19          (g)  If a person who is a victim of a hate crime or practice
15-20    dies as a result of the hate crime or practice, the commission may
15-21    award that person's estate any damages, fees, costs, or equitable
15-22    relief authorized by this section.
15-23          (h)  If more than one respondent is the subject of a civil
15-24    action under this section, the respondent shall be jointly liable
15-25    for any civil penalties, damages, attorney's fees, costs, and other
15-26    relief authorized by this section.
15-27          Sec. 462.252.  CIVIL PENALTY.    (a)  To vindicate the
 16-1    public's interest, the court may assess a civil penalty against the
 16-2    respondent in an amount that does not 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          (b)  If the court determines that a respondent has engaged in
16-14    or is about to engage in a hate crime or practice, the court may
16-15    assess a civil penalty against the respondent without regard to the
16-16    limits in Subsection (a) if the court determines:
16-17                (1)  the penalty is necessary to vindicate the public's
16-18    interest; and
16-19                (2)  the penalty will deter the respondent from
16-20    committing future hate crimes or practices.
16-21          (c)  If the acts constituting the hate crime or practice that
16-22    is the object of the charge are committed by the same individual
16-23    who has previously been found to have committed acts constituting a
16-24    hate crime or practice, the civil penalties in Subsection (a)(2)
16-25    may be imposed without regard to the period of time within which
16-26    any other hate crime or practice occurred.
16-27          (d)  At the request of the commission, the attorney general
 17-1    shall sue to recover a civil penalty due under this section.  Funds
 17-2    collected under this section shall be paid to the comptroller for
 17-3    deposit to the credit of the hate crimes and practices account.
 17-4          Sec. 462.253.  SUBPOENA ENFORCEMENT.  The attorney general,
 17-5    on behalf of the commission or another party at whose request a
 17-6    subpoena is issued under this chapter, may enforce the subpoena in
 17-7    appropriate proceedings in district court in Travis County, Texas.
 17-8          Sec. 462.254.  CONCILIATION AGREEMENT ENFORCEMENT.  The
 17-9    attorney general, on behalf of the commission or another party at
17-10    whose request a conciliation agreement is issued under this
17-11    chapter, may enforce the conciliation agreement in appropriate
17-12    proceedings in district court in Travis County, Texas.
17-13          Sec. 462.255.  IMMUNITY.  (a)  If a respondent against whom a
17-14    complaint or civil action has been filed under this chapter asserts
17-15    a counterclaim, the commission is immune from liability for any
17-16    damages, costs, or attorney's fees resulting from the counterclaim.
17-17          (b)  Subject to Section 462.305(b), an aggrieved person who
17-18    has filed a complaint under Section 462.151 or intervened under
17-19    Section 462.251 has the same immunity as the commission.
17-20             (Sections 462.256-462.300 reserved for expansion
17-21               SUBCHAPTER G.  ENFORCEMENT BY PRIVATE PERSONS
17-22          Sec. 462.301.  CIVIL ACTION.  (a)  An aggrieved person may
17-23    file a civil action in district court not later than the second
17-24    year after the date of the occurrence or the termination of an
17-25    alleged hate crime or practice or the breach of a conciliation
17-26    agreement entered under this chapter, whichever occurs last, to
17-27    obtain appropriate relief, including temporary injunctive relief,
 18-1    with respect to the hate crime or practice or breach.  If an
 18-2    aggrieved person alleges a breach of a conciliation agreement, the
 18-3    aggrieved person shall notify the commission in writing not later
 18-4    than the seventh day before the aggrieved person files suit to
 18-5    enforce the conciliation agreement.
 18-6          (b)  The two-year period does not include any time during
 18-7    which an administrative hearing under this chapter is pending with
 18-8    respect to a complaint or charge under this chapter based on the
 18-9    hate crime or practice.  This subsection does not apply to actions
18-10    arising from the breach of a conciliation agreement.
18-11          (c)  An aggrieved person may file an action regardless of
18-12    whether a complaint has been filed under Section 462.151 and
18-13    without regard to the status of any complaint filed under that
18-14    section.
18-15          (d)  If the commission has obtained a conciliation agreement
18-16    with the consent of an aggrieved person, the aggrieved person may
18-17    not file an action with respect to the alleged hate crime or
18-18    practice that forms the basis of the complaint except to enforce
18-19    the terms of the agreement.
18-20          (e)  An aggrieved person may not file an action with respect
18-21    to an alleged hate crime or practice that forms the basis of a
18-22    charge issued by the commission if the commission has begun a
18-23    hearing on the record under this chapter with respect to the
18-24    charge.
18-25          (f)  Venue for an action under this section is the county in
18-26    which the alleged hate crime or practice occurred or is about to
18-27    occur.
 19-1          Sec. 462.302.  COURT-APPOINTED ATTORNEY.  On application by a
 19-2    person alleging a hate crime or practice or by a person against
 19-3    whom a hate crime  or practice is alleged, the court may appoint an
 19-4    attorney for the person.
 19-5          Sec. 462.303.  RELIEF GRANTED.  (a)  If the court finds that
 19-6    a hate crime or practice has occurred or is about to occur, the
 19-7    court may award to the plaintiff:
 19-8                (1)  compensatory and punitive damages;
 19-9                (2)  reasonable attorney's fees;
19-10                (3)  court costs; and
19-11                (4)  a permanent or temporary injunction, temporary
19-12    restraining order, or other order, including an order enjoining the
19-13    defendant from engaging in the practice or ordering appropriate
19-14    affirmative action.
19-15          (b)  If a person who is a victim of a hate crime or practice
19-16    dies as a result of the hate crime or practice, the court may award
19-17    that person's estate any damages, fees, costs, or equitable relief
19-18    authorized by this section.
19-19          (c)  If more than one respondent is the subject of a civil
19-20    action under this section, the respondent shall be jointly liable
19-21    for any civil penalties, damages, attorney's fees, costs, and other
19-22    relief authorized by this section.
19-23          Sec. 462.304.  INTERVENTION BY ATTORNEY GENERAL.  (a)  On
19-24    request of the commission, the attorney general may intervene in an
19-25    action under this subchapter if the commission certifies that the
19-26    case is of general public importance.
19-27          (b)  The attorney general may obtain the same relief as is
 20-1    available to the attorney general under Section 462.252(a).
 20-2          Sec. 462.305.  PREVAILING PARTY.  (a)  Subject to Subsection
 20-3    (c), a court in a civil action brought under this chapter or the
 20-4    commission in an administrative hearing under Section 462.201 may
 20-5    award reasonable attorney's fees to the prevailing party and assess
 20-6    court costs against the nonprevailing party.
 20-7          (b)  Subject to Subsection (c), a court shall award a
 20-8    respondent reasonable attorney's fees and costs related to the
 20-9    defense of a claim under this chapter if:
20-10                (1)  the court finds that the claim is frivolous,
20-11    unreasonable, or without foundation; and
20-12                (2)  the claim is dismissed or judgment is rendered for
20-13    the respondent.
20-14          (c)  The commission may not be held liable for attorney's
20-15    fees or costs in a civil or administrative proceeding under this
20-16    chapter.
20-17          SECTION 2.  A claimant under Chapter 462, Government Code, as
20-18    added by this Act, may not recover damages or obtain other relief
20-19    under that chapter as a result of any conduct described by Section
20-20    462.051, Government Code, as added by this Act, that occurred
20-21    before the effective date of this Act.
20-22          SECTION 3.  The importance of this legislation and the
20-23    crowded condition of the calendars in both houses create an
20-24    emergency and an imperative public necessity that the
20-25    constitutional rule requiring bills to be read on three several
20-26    days in each house be suspended, and this rule is hereby suspended,
20-27    and that this Act take effect and be in force from and after its
 21-1    passage, and it is so enacted.