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.