By Maxey                                               H.B. No. 668
         77R6 PB-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the prohibition of employment discrimination on the
 1-3     basis of sexual orientation or gender identity.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subtitle A, Title 2, Labor Code, is amended by
 1-6     adding Chapter 23 to read as follows:
 1-7                   CHAPTER 23.  EMPLOYMENT DISCRIMINATION
 1-8               BASED ON SEXUAL ORIENTATION OR GENDER IDENTITY
 1-9                      SUBCHAPTER A.  GENERAL PROVISIONS
1-10           Sec. 23.001.  SHORT TITLE.  This chapter may be cited as the
1-11     Texas Employment Nondiscrimination Act.
1-12           Sec. 23.002.  DEFINITIONS.  In this chapter:
1-13                 (1)  "Commission" means the Commission on Human Rights.
1-14                 (2)  "Covered entity" includes an employer, an
1-15     employment agency, a labor organization, a joint labor-management
1-16     committee, or another person.
1-17                 (3)  "Employer" has the meaning assigned by Section
1-18     21.002(8).
1-19                 (4)  "Employment agency" has the meaning assigned by
1-20     Section 21.002(9).
1-21                 (5)  "Gender identity" means the actual or perceived
1-22     gender of an individual.
1-23                 (6)  "Labor organization" has the meaning assigned by
1-24     Section 21.002(10).
 2-1                 (7)  "Religious organization" means:
 2-2                       (A)  a religious corporation, association, or
 2-3     society; or
 2-4                       (B)  a school, institution of higher education,
 2-5     or other educational institution, not otherwise a religious
 2-6     organization, that:
 2-7                             (i)  is wholly or substantially controlled,
 2-8     managed, owned, or supported by a religious organization; or
 2-9                             (ii)  has a curriculum directed toward the
2-10     propagation of a particular religion.
2-11                 (8)  "Sexual orientation" means the actual or perceived
2-12     status of an individual with respect to the individual's sexuality.
2-13           Sec. 23.003.  RULES.  The commission may adopt rules as
2-14     necessary to implement this chapter.
2-15           Sec. 23.004.  NOTICES.  Each covered entity shall post, in
2-16     the form and manner prescribed by commission rule, notices to
2-17     inform employees, applicants for employment, and members of the
2-18     entity of the applicable provisions of this chapter.
2-19           Sec. 23.005.  EFFECT ON OTHER LAW.  This chapter does not
2-20     limit or affect the rights, remedies, or procedures available to an
2-21     individual who claims discrimination prohibited under federal law,
2-22     another state law, or an order or ordinance of a political
2-23     subdivision of this state.
2-24           Sec. 23.006.  NO DISPARATE IMPACT.  The fact that a
2-25     particular employment practice has a disparate impact, as that term
2-26     is used under Section 703(k), Civil Rights Act of 1964 (42 U.S.C.
2-27     Section 2000e-2(k)), on the basis of sexual orientation or gender
 3-1     identity does not establish a prima facie violation of this
 3-2     chapter.
 3-3               (Sections 23.007-23.020 reserved for expansion
 3-4                SUBCHAPTER B.  UNLAWFUL EMPLOYMENT PRACTICES
 3-5           Sec. 23.021.  DISCRIMINATION PROHIBITED.  A covered entity
 3-6     may not:
 3-7                 (1)  subject an individual to different standards or
 3-8     treatment on the basis of sexual orientation or gender identity;
 3-9                 (2)  discriminate against an individual based on the
3-10     sexual orientation or gender identity of persons with whom the
3-11     individual is believed to associate or to have associated; or
3-12                 (3)  otherwise discriminate against an individual on
3-13     the basis of sexual orientation or gender identity.
3-14           Sec. 23.022.  RETALIATION AND COERCION PROHIBITED.  (a)  A
3-15     covered entity may not discriminate against an individual because
3-16     the individual:
3-17                 (1)  opposes any act or practice prohibited by this
3-18     chapter;
3-19                 (2)  makes or files a charge; or
3-20                 (3)  assists, testifies, or participates in any manner
3-21     in an investigation, proceeding, or hearing conducted under this
3-22     chapter.
3-23           (b)  A covered entity may not coerce, intimidate, threaten,
3-24     or interfere with an individual in the exercise or enjoyment of, or
3-25     because the individual has exercised, enjoyed, assisted, or
3-26     encouraged the exercise or enjoyment of, a right granted or
3-27     protected by this chapter.
 4-1           Sec. 23.023.  PROHIBITION OF QUOTAS AND PREFERENTIAL
 4-2     TREATMENT.  A covered entity may not:
 4-3                 (1)  adopt or implement a quota on the basis of sexual
 4-4     orientation or gender identity; or
 4-5                 (2)  give preferential treatment to an individual on
 4-6     the basis of sexual orientation or gender identity.
 4-7               (Sections 23.024-23.040 reserved for expansion
 4-8                      SUBCHAPTER C.  APPLICATION; EXCEPTIONS
 4-9           Sec. 23.041.  LIABILITY OF GOVERNMENTAL ENTITY.  (a)  The
4-10     state or a political subdivision of this state is liable for a
4-11     violation of this chapter.
4-12           (b)  Sovereign immunity is waived and abolished to the extent
4-13     of liability created by this chapter.
4-14           Sec. 23.042.  APPLICATION TO CERTAIN BENEFITS.  This chapter
4-15     does not apply to the provision of employee benefits to an
4-16     individual for the benefit of the individual's partner.
4-17           Sec. 23.043.  RELIGIOUS ORGANIZATION.  (a)  Except as
4-18     provided by Subsection (b), this chapter does not apply to a
4-19     religious organization.
4-20           (b)  This chapter applies to activities conducted by a
4-21     religious organization for profit to the extent that those
4-22     activities are subject to federal taxation under Section 511(a),
4-23     Internal Revenue Code of 1986, as that section existed on September
4-24     1, 2001.
4-25           Sec. 23.044.  VETERANS' PREFERENCE.  This chapter does not
4-26     repeal or modify a state or local law that creates a special right
4-27     or preference in employment for a veteran of the armed forces of
 5-1     the United States.
 5-2               (Sections 23.045-23.060 reserved for expansion
 5-3                         SUBCHAPTER D.  ENFORCEMENT
 5-4           Sec. 23.061.  COMMISSION AUTHORITY; ENFORCEMENT; PROCEDURES. 
 5-5     (a)  The commission has the same authority to administer and
 5-6     enforce this chapter as it exercises under Chapter 21.
 5-7           (b)  The procedures and remedies applicable to a claim for a
 5-8     violation of this chapter are the procedures and remedies
 5-9     applicable to a claim brought under Chapter 21.
5-10           Sec. 23.062.  ATTORNEY'S FEES.  A prevailing party to an
5-11     action brought under this chapter is entitled to attorney's fees in
5-12     the manner provided by Section 21.259.
5-13           SECTION 2.  This Act takes effect September 1, 2001, and
5-14     applies to conduct of a covered entity, as that term is defined by
5-15     Chapter 23, Labor Code, as added by this Act, occurring on or after
5-16     that date.  Conduct occurring before that date is governed by the
5-17     law in effect on the date the claim was filed, and the former law
5-18     is continued in effect for that purpose.