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.