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.