By Maxey H.B. No. 816 77R3795 PB-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the prohibition of employment discrimination by state 1-3 agencies on the 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 24 to read as follows: 1-7 CHAPTER 24. EMPLOYMENT DISCRIMINATION BY STATE AGENCIES 1-8 BASED ON SEXUAL ORIENTATION OR GENDER IDENTITY PROHIBITED 1-9 SUBCHAPTER A. GENERAL PROVISIONS 1-10 Sec. 24.001. DEFINITIONS. In this chapter: 1-11 (1) "Commission" means the Commission on Human Rights. 1-12 (2) "Gender identity" means the actual or perceived 1-13 gender of an individual. 1-14 (3) "Sexual orientation" means the actual or perceived 1-15 status of an individual with respect to the individual's sexuality. 1-16 (4) "State agency" means: 1-17 (A) a board, commission, department, or other 1-18 agency in the executive branch of state government that is created 1-19 by the constitution or a statute of this state, including an 1-20 institution of higher education as defined by Section 61.003, 1-21 Education Code; 1-22 (B) the legislature or a legislative agency; or 1-23 (C) the supreme court, the court of criminal 1-24 appeals, a court of appeals, or a state judicial agency. 2-1 Sec. 24.002. RULES. The commission may adopt rules as 2-2 necessary to implement this chapter. 2-3 Sec. 24.003. NOTICES. Each state agency shall post, in the 2-4 form and manner prescribed by commission rule, notices to inform 2-5 employees, applicants for employment, and members of the governing 2-6 body of the agency of the applicable provisions of this chapter. 2-7 Sec. 24.004. EFFECT ON OTHER LAW. This chapter does not 2-8 limit or affect the rights, remedies, or procedures available to an 2-9 individual who claims discrimination prohibited under federal law, 2-10 another state law, or an order or ordinance of a political 2-11 subdivision of this state. 2-12 Sec. 24.005. NO DISPARATE IMPACT. The fact that a 2-13 particular employment practice has a disparate impact, as that term 2-14 is used under Section 703(k), Civil Rights Act of 1964 (42 U.S.C. 2-15 Section 2000e-2(k)), on the basis of sexual orientation or gender 2-16 identity does not establish a prima facie violation of this 2-17 chapter. 2-18 (Sections 24.006-24.020 reserved for expansion 2-19 SUBCHAPTER B. UNLAWFUL EMPLOYMENT PRACTICES 2-20 Sec. 24.021. DISCRIMINATION PROHIBITED. A state agency may 2-21 not: 2-22 (1) subject an employee or applicant for employment to 2-23 different standards or treatment on the basis of sexual orientation 2-24 or gender identity; 2-25 (2) discriminate against an employee or applicant for 2-26 employment based on the sexual orientation or gender identity of 2-27 persons with whom the employee or applicant for employment is 3-1 believed to associate or to have associated; or 3-2 (3) otherwise discriminate against an employee or 3-3 applicant for employment on the basis of sexual orientation or 3-4 gender identity. 3-5 Sec. 24.022. RETALIATION AND COERCION PROHIBITED. (a) A 3-6 state agency may not discriminate against an employee or applicant 3-7 for employment because the individual: 3-8 (1) opposes any act or practice prohibited by this 3-9 chapter; 3-10 (2) makes or files a charge; or 3-11 (3) assists, testifies, or participates in any manner 3-12 in an investigation, proceeding, or hearing conducted under this 3-13 chapter. 3-14 (b) A state agency may not coerce, intimidate, threaten, or 3-15 interfere with an employee or applicant for employment in the 3-16 exercise or enjoyment of, or because the employee or applicant for 3-17 employment has exercised, enjoyed, assisted, or encouraged the 3-18 exercise or enjoyment of, a right granted or protected by this 3-19 chapter. 3-20 Sec. 24.023. PROHIBITION OF QUOTAS AND PREFERENTIAL 3-21 TREATMENT. A state agency may not: 3-22 (1) adopt or implement a quota on the basis of sexual 3-23 orientation or gender identity; or 3-24 (2) give preferential treatment to an employee or 3-25 applicant for employment on the basis of sexual orientation or 3-26 gender identity. 3-27 (Sections 24.024-24.040 reserved for expansion 4-1 SUBCHAPTER C. APPLICATION; EXCEPTIONS 4-2 Sec. 24.041. LIABILITY OF STATE. (a) The state is liable 4-3 for a violation of this chapter. 4-4 (b) Sovereign immunity is waived and abolished to the extent 4-5 of liability created by this chapter. 4-6 Sec. 24.042. APPLICATION TO CERTAIN BENEFITS. This chapter 4-7 does not apply to the provision of employee benefits to an employee 4-8 for the benefit of the employee's partner. 4-9 Sec. 24.043. VETERANS' PREFERENCE. This chapter does not 4-10 repeal or modify a state law that creates a special right or 4-11 preference in employment for a veteran of the armed forces of the 4-12 United States. 4-13 (Sections 24.044-24.060 reserved for expansion 4-14 SUBCHAPTER D. ENFORCEMENT 4-15 Sec. 24.061. COMMISSION AUTHORITY; ENFORCEMENT; PROCEDURES. 4-16 (a) The commission has the same authority to administer and 4-17 enforce this chapter as it exercises under Chapter 21. 4-18 (b) The procedures and remedies applicable to a claim for a 4-19 violation of this chapter are the procedures and remedies 4-20 applicable to a claim brought under Chapter 21. 4-21 Sec. 24.062. ATTORNEY'S FEES. A prevailing party to an 4-22 action brought under this chapter is entitled to attorney's fees in 4-23 the manner provided by Section 21.259. 4-24 SECTION 2. This Act takes effect September 1, 2001, and 4-25 applies to conduct of a state agency, as that term is defined by 4-26 Chapter 24, Labor Code, as added by this Act, occurring on or after 4-27 that date. Conduct occurring before that date is governed by the 5-1 law in effect on the date the claim was filed, and the former law 5-2 is continued in effect for that purpose.