By Coleman H.B. No. 813
77R3508 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prohibition of certain discrimination based on
1-3 sexual orientation; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 ARTICLE 1. GENERAL PROVISIONS
1-6 SECTION 1.01. GENERAL DEFINITIONS. In this Act:
1-7 (1) "Aggrieved person" includes any person who:
1-8 (A) claims to have been injured by a
1-9 discriminatory practice; or
1-10 (B) believes that he or she will be injured by a
1-11 discriminatory practice that is about to occur.
1-12 (2) "Complainant" means a person, including the
1-13 commission, who files a complaint under Section 6.01 of this Act.
1-14 (3) "Commission" means the Commission on Human Rights.
1-15 (4) "Conciliation" means the attempted resolution of
1-16 issues raised by a complaint or by the investigation of a
1-17 complaint, through informal negotiations involving the aggrieved
1-18 person, the respondent, and the commission.
1-19 (5) "Conciliation agreement" means an agreement
1-20 setting forth the resolution of the issues in conciliation.
1-21 (6) "Discriminatory practice" means an act prohibited
1-22 by Article 3, 4, or 5 of this Act.
1-23 (7) "Dwelling" means:
1-24 (A) any building, structure, or part of a
2-1 building or structure that is occupied as, or designed or intended
2-2 for occupancy as, a residency by one or more families; or
2-3 (B) any vacant land that is offered for sale or
2-4 lease for the construction or location of a building, structure, or
2-5 part of a building or structure described by Paragraph (A) of this
2-6 subdivision.
2-7 (8) "Employer" means a person that employs 15 or more
2-8 employees. The term includes an agent designated by an employer.
2-9 (9) "Labor organization" means a labor organization
2-10 engaged in an industry affecting commerce that has 15 or more
2-11 members. The term includes:
2-12 (A) an organization, an agency, or an employee
2-13 representation committee, group, association, or plan engaged in an
2-14 industry affecting commerce in which employees participate and that
2-15 exists for the purpose, in whole or in part, of dealing with
2-16 employers concerning grievances, labor disputes, wages, rates of
2-17 pay, hours, or other terms or conditions of employment;
2-18 (B) a conference, general committee, joint or
2-19 system board, or joint council that is subordinate to a national or
2-20 international labor organization; and
2-21 (C) an agent of a labor organization.
2-22 (10) "Person" means an individual, corporation,
2-23 association, partnership, organization, or other public or private
2-24 legal entity.
2-25 (11) "Respondent" means the person accused in a
2-26 complaint of a discriminatory practice.
2-27 (12) "Sexual orientation" means:
3-1 (A) having a preference for heterosexuality,
3-2 homosexuality, or bisexuality;
3-3 (B) having a history of such a preference; or
3-4 (C) being identified as having such a
3-5 preference.
3-6 ARTICLE 2. ADMINISTRATIVE PROVISIONS
3-7 SECTION 2.01. ADMINISTRATION BY COMMISSION. The Commission
3-8 on Human Rights shall administer this Act.
3-9 SECTION 2.02. RULES. The commission shall adopt rules as
3-10 necessary to administer and enforce this Act.
3-11 SECTION 2.03. COMPLAINTS. As provided by Article 6 of this
3-12 Act, the commission shall receive, investigate, seek to conciliate,
3-13 and act on complaints alleging violations of this Act.
3-14 SECTION 2.04. CERTAIN CONSTRUCTIONS OF ACT PROHIBITED. (a)
3-15 This Act may not be construed to mean that this state condones
3-16 homosexuality, bisexuality, or any equivalent lifestyle.
3-17 (b) This Act may not be construed to bar any religious or
3-18 denominational institution or organization, or any organization
3-19 operated for charitable or educational purposes that is operated,
3-20 supervised, or controlled by or in connection with a religious
3-21 organization and that limits membership, enrollment, admission, or
3-22 participation to members of that religion, from:
3-23 (1) giving preference in hiring or employment to
3-24 members of the same religion; or
3-25 (2) taking any action with respect to matters of
3-26 employment, discipline, faith, internal organization, or
3-27 ecclesiastical rule, custom, or law that is calculated by the
4-1 organization to promote the religious principles for which it is
4-2 established or maintained.
4-3 (c) This Act may not be construed to authorize or permit the
4-4 use of numerical goals or quotas, or other types of affirmative
4-5 action programs, in the administration or enforcement of this Act.
4-6 ARTICLE 3. EMPLOYMENT DISCRIMINATION PROHIBITED
4-7 SECTION 3.01. EMPLOYER. An employer commits a
4-8 discriminatory practice and a violation of this Act if the
4-9 employer, because of the sexual orientation of an individual:
4-10 (1) refuses to hire or employ the individual;
4-11 (2) bars or discharges the individual from employment;
4-12 or
4-13 (3) otherwise discriminates against the individual in
4-14 compensation or other terms, conditions, or privileges of
4-15 employment.
4-16 SECTION 3.02. EMPLOYMENT AGENCY. An employment agency
4-17 commits a discriminatory practice and a violation of this Act if
4-18 the employment agency, because of the sexual orientation of an
4-19 applicant for employment through the agency:
4-20 (1) fails or refuses to classify the applicant
4-21 properly;
4-22 (2) fails or refuses to refer the applicant for
4-23 positions of employment; or
4-24 (3) otherwise discriminates against the applicant.
4-25 SECTION 3.03. LABOR ORGANIZATION. A labor organization
4-26 commits a discriminatory practice and a violation of this Act if
4-27 the labor organization, because of the sexual orientation of an
5-1 individual:
5-2 (1) excludes the individual from full membership
5-3 rights;
5-4 (2) expels the individual from its membership; or
5-5 (3) otherwise discriminates against:
5-6 (A) a member of the organization;
5-7 (B) an employer; or
5-8 (C) an individual employed by an employer.
5-9 SECTION 3.04. EMPLOYMENT ADVERTISEMENTS. A person commits a
5-10 discriminatory practice and a violation of this Act if the person
5-11 advertises employment opportunities in a manner designed to
5-12 restrict the employment in a manner that discriminates against an
5-13 individual solely because of the sexual orientation of that
5-14 individual.
5-15 ARTICLE 4. DISCRIMINATION IN PUBLIC ACCOMMODATIONS PROHIBITED
5-16 SECTION 4.01. PUBLIC ACCOMMODATIONS. A person commits a
5-17 discriminatory practice and a violation of this Act if the person,
5-18 because of the sexual orientation of an individual:
5-19 (1) denies that individual full and equal
5-20 accommodations in any place of public accommodation in this state,
5-21 subject only to the conditions and limitations established by law
5-22 and applicable to all persons; or
5-23 (2) otherwise discriminates, segregates, or separates
5-24 based on sexual orientation.
5-25 ARTICLE 5. HOUSING DISCRIMINATION PROHIBITED
5-26 SECTION 5.01. REFUSAL TO SELL OR RENT. A person commits a
5-27 discriminatory practice and a violation of this Act if the person,
6-1 because of the sexual orientation of an individual:
6-2 (1) refuses to sell or rent a dwelling to the
6-3 individual after the making of a bona fide offer by the individual;
6-4 (2) refuses to negotiate for the sale or rental of a
6-5 dwelling to the individual;
6-6 (3) refuses to make available or otherwise denies a
6-7 dwelling to the individual; or
6-8 (4) discriminates against the individual in the terms,
6-9 conditions, or privileges of the sale or rental of a dwelling, or
6-10 the provision of services or facilities in connection with such a
6-11 sale or rental.
6-12 SECTION 5.02. REAL ESTATE RELATED TRANSACTIONS. A person
6-13 who engages in real estate related transactions commits a
6-14 discriminatory practice and a violation of this Act if, because of
6-15 the sexual orientation of an individual, the person discriminates
6-16 against the individual in making available such a transaction.
6-17 SECTION 5.03. REAL ESTATE SERVICES AND ORGANIZATION. A
6-18 person who engages in real estate related transactions commits a
6-19 discriminatory practice and a violation of this Act if, because of
6-20 the sexual orientation of an individual, the person:
6-21 (1) denies the individual access to or membership or
6-22 participation in any multiple-listing service, real estate brokers
6-23 organization, or other service, organization, or facility relating
6-24 to the business of selling or renting dwellings; or
6-25 (2) discriminates against the individual in the terms
6-26 or conditions of the access, membership, or participation described
6-27 by Subdivision (1) of this section.
7-1 SECTION 5.04. COERCION. A person commits a discriminatory
7-2 practice and a violation of this Act if:
7-3 (1) because of the sexual orientation of an
7-4 individual, the person coerces, intimidates, threatens, or
7-5 interferes with the individual in the exercise or enjoyment of a
7-6 right granted or protected by this article; or
7-7 (2) the person coerces, intimidates, threatens, or
7-8 interferes with an individual because the individual has exercised
7-9 or enjoyed, or aided or encouraged any other person in the exercise
7-10 or enjoyment of, a right granted or protected by this article.
7-11 SECTION 5.05. PUBLICATIONS. A person commits a
7-12 discriminatory practice and a violation of this Act if the person
7-13 makes, prints, or publishes, or causes to be made, printed, or
7-14 published, any notice, statement, or advertisement with respect to
7-15 the sale or rental of a dwelling that indicates any preference,
7-16 limitation, or discrimination based on sexual orientation, or an
7-17 intention to make such a preference, limitation, or discrimination.
7-18 SECTION 5.06. STEERING PROHIBITED. (a) In this section,
7-19 "area" means a municipality, neighborhood, or other geographic
7-20 subdivision, including an apartment or condominium complex.
7-21 (b) A person commits a discriminatory practice and a
7-22 violation of this Act if the person, because of the sexual
7-23 orientation of an individual, represents to the individual that a
7-24 dwelling is not available for inspection, sale, or rental if the
7-25 dwelling is in fact available.
7-26 (c) A person violates this section if the person restricts
7-27 or attempts to restrict the choices of any buyer or renter to
8-1 purchase or rent a dwelling to an area that is substantially
8-2 populated, even if by less than a majority, by persons of the same
8-3 sexual orientation as the buyer or renter while that person is
8-4 authorized to offer for sale or rent another dwelling that:
8-5 (1) meets the housing criteria of the buyer or renter
8-6 as expressed by the buyer or renter to that person; and
8-7 (2) is located in an area that is not substantially
8-8 populated by persons of the same sexual orientation as the buyer or
8-9 renter.
8-10 SECTION 5.07. ENTRY INTO NEIGHBORHOOD. A person commits a
8-11 discriminatory practice and a violation of this Act if the person,
8-12 for profit, induces or attempts to induce any person to sell or
8-13 rent a dwelling by representations regarding the entry or
8-14 prospective entry into the neighborhood in which the dwelling is
8-15 located of an individual of a particular sexual orientation.
8-16 SECTION 5.08. EXEMPTIONS. (a) This article does not apply
8-17 to:
8-18 (1) the rental of a room or rooms in a dwelling if the
8-19 owner actually maintains and occupies part of the living quarters
8-20 of the dwelling as the owner's residence; or
8-21 (2) a unit in a dwelling containing living quarters
8-22 occupied or intended to be occupied by not more than four families
8-23 living independently of each other, if the owner actually maintains
8-24 and occupies one of the units as the owner's residence.
8-25 (b) This article does not limit or affect the applicability
8-26 of any reasonable state statute or municipal ordinance that
8-27 restricts the maximum number of persons permitted to occupy a
9-1 dwelling.
9-2 (c) This article does not prohibit a person engaged in the
9-3 business of furnishing appraisals of real property from considering
9-4 factors other than sexual orientation in making the appraisal.
9-5 ARTICLE 6. ADMINISTRATIVE ENFORCEMENT
9-6 SECTION 6.01. COMPLAINT. (a) An aggrieved person may, not
9-7 later than one year after an alleged discriminatory practice has
9-8 occurred or terminated, whichever is later, file a complaint with
9-9 the commission alleging the discriminatory practice.
9-10 (b) The commission shall investigate alleged discriminatory
9-11 practices.
9-12 (c) Not later than one year after an alleged discriminatory
9-13 practice has occurred or terminated, whichever is later, the
9-14 commission may file its own complaint.
9-15 (d) A complaint must be:
9-16 (1) in writing;
9-17 (2) under oath; and
9-18 (3) in the form prescribed by the commission.
9-19 (e) A complaint may be amended at any time.
9-20 (f) On the filing of a complaint the commission shall:
9-21 (1) give the aggrieved person notice that the
9-22 complaint has been received;
9-23 (2) advise the aggrieved person of the time limits and
9-24 choice of forums under this Act; and
9-25 (3) not later than the 10th day after the filing of
9-26 the complaint, serve on each respondent:
9-27 (A) a notice identifying the alleged
10-1 discriminatory practice and advising the respondent of the
10-2 procedural rights and obligations of a respondent under this Act;
10-3 and
10-4 (B) a copy of the original complaint.
10-5 SECTION 6.02. ANSWER. (a) Not later than the 10th day
10-6 after receipt of the notice and copy under Section 6.01(f)(3) of
10-7 this Act, a respondent may file an answer to the complaint.
10-8 (b) An answer must be:
10-9 (1) in writing;
10-10 (2) under oath; and
10-11 (3) in the form prescribed by the commission.
10-12 (c) An answer may be amended at any time.
10-13 SECTION 6.03. INVESTIGATION. (a) The commission shall
10-14 investigate all complaints and, except as provided by Subsection
10-15 (b) of this section, shall complete an investigation not later than
10-16 the 100th day after the date the complaint is filed.
10-17 (b) If the commission is unable to complete an investigation
10-18 within the period prescribed by Subsection (a) of this section, the
10-19 commission shall notify the complainant and the respondent in
10-20 writing of the reasons for the delay.
10-21 SECTION 6.04. CONCILIATION. (a) The commission shall,
10-22 during the period beginning with the filing of a complaint and
10-23 ending with the filing of a charge or a dismissal by the
10-24 commission, to the extent feasible, engage in conciliation with
10-25 respect to the complaint.
10-26 (b) A conciliation agreement is subject to commission
10-27 approval. A conciliation agreement must be written.
11-1 (c) A conciliation agreement may provide for binding
11-2 arbitration of the dispute. Arbitration that results from a
11-3 conciliation agreement may authorize appropriate relief, including
11-4 monetary relief.
11-5 (d) A conciliation agreement shall be made public unless the
11-6 complainant, respondent, and commission agree that disclosure is
11-7 not necessary to further the purposes of this Act.
11-8 (e) Nothing said or done in the course of conciliation may
11-9 be made public or used as evidence in a subsequent proceeding under
11-10 this Act without the written consent of the persons concerned.
11-11 (f) After completion of the commission's investigation, the
11-12 commission shall make available to the aggrieved person and the
11-13 respondent, at any time, information derived from the investigation
11-14 and the final investigation report relating to that investigation.
11-15 SECTION 6.05. TEMPORARY OR PRELIMINARY RELIEF. (a) If the
11-16 commission concludes at any time following the filing of a
11-17 complaint that prompt judicial action is necessary to carry out the
11-18 purposes of this Act, the commission may authorize a civil action
11-19 for appropriate temporary or preliminary relief pending final
11-20 disposition of the complaint.
11-21 (b) On receipt of the commission's authorization, the
11-22 attorney general shall promptly file the action.
11-23 (c) A temporary restraining order or other order granting
11-24 preliminary or temporary relief under this section is governed by
11-25 the applicable Texas Rules of Civil Procedure.
11-26 (d) The filing of a civil action under this section does not
11-27 affect the initiation or continuation of an administrative
12-1 proceeding under Section 6.14 of this Act.
12-2 SECTION 6.06. INVESTIGATIVE REPORT. (a) The commission
12-3 shall prepare a final investigative report showing:
12-4 (1) the names and dates of contacts with witnesses;
12-5 (2) a summary of correspondence and other contacts
12-6 with the aggrieved person and the respondent showing the dates of
12-7 the correspondence and contacts;
12-8 (3) a summary description of other pertinent records;
12-9 (4) a summary of witness statements; and
12-10 (5) answers to interrogatories.
12-11 (b) A final report under this section may be amended if
12-12 additional evidence is discovered.
12-13 SECTION 6.07. REASONABLE CAUSE DETERMINATION. (a) The
12-14 commission shall determine based on the facts whether reasonable
12-15 cause exists to believe that a discriminatory practice has occurred
12-16 or is about to occur.
12-17 (b) The commission shall make the determination under
12-18 Subsection (a) of this section not later than the 100th day after
12-19 the date a complaint is filed unless:
12-20 (1) it is impracticable to make the determination; or
12-21 (2) the commission has approved a conciliation
12-22 agreement relating to the complaint.
12-23 (c) If it is impracticable to make the determination within
12-24 the time period provided by Subsection (b) of this section, the
12-25 commission shall notify the complainant and respondent in writing
12-26 of the reasons for the delay.
12-27 (d) If the commission determines that reasonable cause
13-1 exists to believe that a discriminatory practice has occurred or is
13-2 about to occur, the commission shall immediately issue a charge on
13-3 behalf of the aggrieved person.
13-4 SECTION 6.08. CHARGE. (a) A charge issued under Section
13-5 6.07 of this Act:
13-6 (1) must consist of a short and plain statement of the
13-7 facts on which the commission has found reasonable cause to believe
13-8 that a discriminatory practice has occurred or is about to occur;
13-9 (2) must be based on the final investigative report;
13-10 and
13-11 (3) need not be limited to the facts or grounds
13-12 alleged in the complaint.
13-13 (b) Not later than the 20th day after the commission issues
13-14 a charge, the commission shall send a copy of a charge with
13-15 information concerning the election under Section 6.12 of this Act
13-16 to:
13-17 (1) each respondent, together with a notice of the
13-18 opportunity for a hearing provided by Section 6.14 of this Act; and
13-19 (2) each aggrieved person on whose behalf the
13-20 complaint was filed.
13-21 SECTION 6.09. DISMISSAL. (a) If the commission determines
13-22 that reasonable cause does not exist to believe that a
13-23 discriminatory practice has occurred or is about to occur, the
13-24 commission shall promptly dismiss the complaint.
13-25 (b) The commission shall make public disclosure of each
13-26 dismissal under this section.
13-27 SECTION 6.10. PENDING CIVIL TRIAL. The commission may not
14-1 issue a charge under this section regarding an alleged
14-2 discriminatory practice after the beginning of the trial of a civil
14-3 action commenced by the aggrieved party under federal or state law
14-4 seeking relief with respect to that discriminatory practice.
14-5 SECTION 6.11. SUBPOENAS; DISCOVERY. (a) The commission may
14-6 issue subpoenas and order discovery as provided by this section in
14-7 aid of investigations and hearings under this Act.
14-8 (b) The subpoenas and discovery may be ordered to the same
14-9 extent and are subject to the same limitations as subpoenas and
14-10 discovery in a civil action in district court.
14-11 SECTION 6.12. ELECTION OF JUDICIAL DETERMINATION. (a) A
14-12 complainant, a respondent, or an aggrieved person on whose behalf
14-13 the complaint was filed may elect to have the claims asserted in
14-14 that charge decided in a civil action as provided by Section 6.13
14-15 of this Act.
14-16 (b) The election must be made not later than the 20th day
14-17 after the date of receipt by the electing person of service under
14-18 Section 6.08(b) of this Act or, in the case of the commission, not
14-19 later than the 20th day after the date the charge was issued.
14-20 (c) The person making the election shall give notice to the
14-21 commission and to all other complainants and respondents to whom
14-22 the charge relates.
14-23 SECTION 6.13. ATTORNEY GENERAL ACTION FOR ENFORCEMENT.
14-24 (a) If a timely election is made under Section 6.12 of this Act,
14-25 the commission shall authorize and, not later than the 30th day
14-26 after the election is made, the attorney general shall file a civil
14-27 action on behalf of the aggrieved person in a district court
15-1 seeking relief under this section.
15-2 (b) Venue for an action under this section is in the county
15-3 in which the alleged discriminatory practice occurred or in Travis
15-4 County.
15-5 (c) An aggrieved person may intervene in the action.
15-6 (d) If the court finds that a discriminatory practice has
15-7 occurred or is about to occur, the court may grant as relief any
15-8 relief that a court may grant in a civil action under Article 7 of
15-9 this Act.
15-10 (e) If monetary relief is sought for the benefit of an
15-11 aggrieved person who does not intervene in the civil action, the
15-12 court may not award the monetary relief if that aggrieved person
15-13 has not complied with discovery orders entered by the court.
15-14 SECTION 6.14. ADMINISTRATIVE HEARING. (a) If a timely
15-15 election is not made under Section 6.12 of this Act, the commission
15-16 shall provide for a hearing on the charge.
15-17 (b) Except as provided by Subsection (c) of this section,
15-18 Chapter 2001, Government Code, governs a hearing under this
15-19 section.
15-20 (c) A hearing under this section may not continue regarding
15-21 any alleged discriminatory practice after the beginning of the
15-22 trial of a civil action commenced by the aggrieved party under
15-23 federal or state law seeking relief with respect to that
15-24 discriminatory practice.
15-25 SECTION 6.15. RELIEF; CIVIL PENALTIES. (a) If the
15-26 commission determines at a hearing under Section 6.14 of this Act
15-27 that a respondent has engaged in or is about to engage in a
16-1 discriminatory practice, the commission may order the appropriate
16-2 relief, including actual damages, reasonable attorney's fees, court
16-3 costs, and other injunctive or equitable relief.
16-4 (b) To vindicate the public interest, the commission may
16-5 assess a civil penalty against the respondent in an amount that
16-6 does not exceed:
16-7 (1) $10,000 if the respondent has been adjudged by
16-8 order of the commission or a court to have committed a prior
16-9 discriminatory practice;
16-10 (2) except as provided by Subsection (c) of this
16-11 section, $25,000 if the respondent has been adjudged by order of
16-12 the commission or a court to have committed one other
16-13 discriminatory practice during the five-year period ending on the
16-14 date of the filing of the charge; and
16-15 (3) except as provided by Subsection (c) of this
16-16 section, $50,000 if the respondent has been adjudged by order of
16-17 the commission or a court to have committed two or more
16-18 discriminatory practices during the seven-year period ending on the
16-19 date of the filing of the charge.
16-20 (c) If the acts constituting the discriminatory practice
16-21 that is the object of the charge are committed by the same
16-22 individual who has been previously adjudged to have committed acts
16-23 constituting a discriminatory practice, the civil penalties in
16-24 Subsections (b)(2) and (3) of this section may be imposed without
16-25 regard to the period within which any other discriminatory practice
16-26 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 state treasurer
17-3 for deposit in the state treasury.
17-4 SECTION 6.16. EFFECT OF COMMISSION ORDER. A commission
17-5 order under Section 6.15 of this Act does not affect a contract,
17-6 sale, encumbrance, or lease that:
17-7 (1) was consummated before the commission issued the
17-8 order; and
17-9 (2) involved a bona fide purchaser, encumbrancer, or
17-10 tenant who did not have actual notice of the charge filed under
17-11 this Act.
17-12 SECTION 6.17. ORDER IN PRECEDING FIVE YEARS. If the
17-13 commission issues an order against a respondent against whom
17-14 another order was issued within the preceding five years under
17-15 Section 6.15 of this Act, the commission shall send a copy of each
17-16 order issued under that section to the attorney general.
17-17 ARTICLE 7. ENFORCEMENT BY PRIVATE PERSONS
17-18 SECTION 7.01. CIVIL ACTION. (a) An aggrieved person may
17-19 file a civil action in district court not later than the second
17-20 year after the occurrence of the termination of an alleged
17-21 discriminatory practice, or the breach of a conciliation agreement
17-22 entered into under this Act, whichever occurs last, to obtain
17-23 appropriate relief with respect to the discriminatory practice or
17-24 breach.
17-25 (b) The two-year period does not include any time during
17-26 which an administrative hearing under this Act is pending with
17-27 respect to a complaint or charge under this Act based on the
18-1 discriminatory practice. This subsection does not apply to actions
18-2 arising from a breach of a conciliation agreement.
18-3 (c) An aggrieved person may file an action under this
18-4 section whether or not a complaint has been filed under Section
18-5 6.01 of this Act and without regard to the status of any complaint
18-6 filed under that section.
18-7 (d) If the commission has obtained a conciliation agreement
18-8 with the consent of an aggrieved person, the aggrieved person may
18-9 not file an action under this section with respect to the alleged
18-10 discriminatory practice that forms the basis for the complaint
18-11 except to enforce the terms of the agreement.
18-12 (e) An aggrieved person may not file an action under this
18-13 section with respect to an alleged discriminatory practice that
18-14 forms the basis of a charge issued by the commission if the
18-15 commission has begun a hearing on the record under this Act with
18-16 respect to the charge.
18-17 SECTION 7.02. RELIEF GRANTED. In an action under this
18-18 article, if the court finds that a discriminatory practice has
18-19 occurred or is about to occur, the court may award to the
18-20 plaintiff:
18-21 (1) actual and punitive damages;
18-22 (2) reasonable attorney's fees;
18-23 (3) court costs; and
18-24 (4) subject to Section 7.03 of this Act, any permanent
18-25 or temporary injunction, temporary restraining order, or other
18-26 order, including an order enjoining the defendant from engaging in
18-27 the practice or ordering other appropriate action.
19-1 SECTION 7.03. EFFECT OF RELIEF GRANTED. Relief granted
19-2 under this article does not affect a contract, sale, encumbrance,
19-3 or lease that:
19-4 (1) was consummated before the granting of the relief;
19-5 and
19-6 (2) involved a bona fide purchaser, encumbrancer, or
19-7 tenant who did not have actual notice of the filing of a complaint
19-8 under this Act or a civil action under this article.
19-9 SECTION 7.04. INTERVENTION BY ATTORNEY GENERAL. (a) The
19-10 attorney general may intervene in an action under this article if
19-11 the attorney general certifies that the case is of general public
19-12 importance.
19-13 (b) The attorney general may obtain the same relief
19-14 available to the attorney general under Section 8.01(b) of this
19-15 Act.
19-16 ARTICLE 8. ENFORCEMENT BY ATTORNEY GENERAL
19-17 SECTION 8.01. PATTERN OR PRACTICE CASES. (a) The attorney
19-18 general may file a civil action in district court for appropriate
19-19 relief if the attorney general has reasonable cause to believe
19-20 that:
19-21 (1) a person is engaged in a pattern or practice of
19-22 resistance to the full enjoyment of any right granted by this Act;
19-23 or
19-24 (2) a person has been denied any right granted by this
19-25 Act and that denial raises an issue of general public importance.
19-26 (b) In an action under this section the court may:
19-27 (1) award preventive relief, including a permanent or
20-1 temporary injunction, restraining order, or other order against the
20-2 person responsible for a violation of this Act as necessary to
20-3 assure the full enjoyment of the rights granted by this Act;
20-4 (2) award other appropriate relief, including monetary
20-5 damages, reasonable attorney's fees, and court costs; and
20-6 (3) to vindicate the public interest, assess a civil
20-7 penalty against the respondent in an amount that does not exceed:
20-8 (A) $50,000 for a first violation; and
20-9 (B) $100,000 for a second or subsequent
20-10 violation.
20-11 (c) A person may intervene in an action under this section
20-12 if the person is:
20-13 (1) an aggrieved person to the discriminatory
20-14 practice; or
20-15 (2) a party to a conciliation agreement concerning the
20-16 discriminatory practice.
20-17 SECTION 8.02. SUBPOENA ENFORCEMENT. The attorney general,
20-18 on behalf of the commission or other party at whose request a
20-19 subpoena is issued under this Act, may enforce the subpoena in
20-20 appropriate proceedings in district court.
20-21 ARTICLE 9. CRIMINAL PENALTY
20-22 SECTION 9.01. CRIMINAL PENALTY. (a) A person commits an
20-23 offense if the person intentionally violates Article 3, 4, or 5 of
20-24 this Act.
20-25 (b) An offense under this section is a Class B misdemeanor.
20-26 ARTICLE 10. EFFECTIVE DATE
20-27 SECTION 10.01. EFFECTIVE DATE. This Act takes effect
21-1 September 1, 2001.