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.