By: Villarreal H.B. No. 3463
A BILL TO BE ENTITLED
AN ACT
relating to discrimination by the state, a political subdivision of
the state, or a private person.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Whereas the Legislature takes note that hospital
visitation rights, the appointment of guardians, entitlement to
life insurance proceeds, and other property rights can be arranged
adequately and properly between interested persons, by means of
contractual agreements, the appointment of agents, and the
designation of guardians, all without regard to the existence or
non-existence of any legally recognized family relationships
between such persons,
SECTION 2. Subchapter C, Chapter 6, Family Code, is amended
by adding Section 6.204 to read as follows:
Sec. 6.204. SAME-GENDER MARRIAGE OR CIVIL UNION. (a) A
marriage between persons of the same gender or a civil union is
contrary to the public policy of this state and is void in this
state, even when valid in another jurisdiction.
(b) The state, its agencies, and its political subdivisions
may not recognize or give effect to:
(1) a public act, record, or judicial proceeding that
creates, recognizes, or validates a marriage between two persons of
the same gender or a civil union.
(2) a right, benefit, or responsibility asserted as a
result of a marriage between persons of the same gender or a civil
union.
(c) In this section, "civil union" includes any legal status
other than marriage that:
(1) is intended to provide an alternative to marriage
or is applicable primarily to cohabitating persons; and
(2) grants to the parties of the relationship any
right, benefit, or responsibility granted by law to the spouses of a
marriage.
SECTION 3. This Act applies to same gender marriages and to
civil unions entered into before, on, and after the effective date
of this Act.
SECTION 4. Subtitle A, Title 2, Labor Code, is amended by
adding Chapter 23 to read as follows:
CHAPTER 23. EMPLOYMENT DISCRIMINATION BASED ON SEXUAL ORIENTATION
OR GENDER IDENTITY.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 23.001. SHORT TITLE. This chapter may be cited as the
Texas Employment Nondiscrimination Act.
Sec. 23.002. DEFINITIONS. In this chapter:
(1) "Commission" means the Commission on Human Rights.
(2) "Covered entity" includes an employer, an
employment agency, a labor organization, a joint labor-management
committee, or another person.
(3) "Employer" has the meaning assigned by Section
21.002(9).
(4) "Employment agency" has the meaning assigned by
Section 21.002(9).
(5) "Gender identity" means the actual or perceived
gender of an individual.
(6) "Labor organization" has the meaning assigned by
Section 21.002(10).
(7) "Nonprofit organization" means a private,
nonprofit corporation, association, or organization that is exempt
from federal taxation under Section 501(c)(3), Internal Revenue
Code of 1986.
(8) "Religious organization" means:
(A) a religious corporation, association, or
society; or
(B) a school, institution of higher education, or
other educational institution, not otherwise a religious
organization, that:
(i) is wholly or substantially controlled,
managed, owned, or supported, by a religious organization; or
(ii) has a curriculum directed toward the
propagation of a particular religion.
(9) "Sexual orientation" means the actual or perceived
status of an individual with respect to the individual's sexuality.
Sec. 23.003. RULES. The commission may adopt rules as
necessary to implement this chapter.
Sec. 23.004. NOTICES. Each covered entity shall post, in
the form and manner prescribed by commission rule, notices to
inform employees, applicants for employment, and members of the
entity applicable provisions of this chapter.
Sec. 23.005. EFFECT ON OTHER LAW. This chapter does not
limit or affect the rights, remedies, or procedures available to an
individual who claims discrimination prohibited under federal law,
another state law, or an order or ordinance of a political
subdivision of this state.
Sec. 23.006. NO DISPARATE IMPACT. The fact that a
particular employment practice has a disparate impact, as that term
is used under Section 703(k), Civil Rights Act of 1964 (42 U.S.C.
Section 2000e-2(k)), on the basis of sexual orientation or gender
identity does not establish a prima facie violation of this
chapter.
[Sections 23.007-23.020 reserved for expansion]
SUBCHAPTER B. UNLAWFUL EMPLOYMENT PRACTICES
Sec. 23.021. DISCRIMINATION PROHIBITED. A covered entity
may not:
(1) subject an individual to different standards or
treatment on the basis of sexual orientation or gender identity;
(2) discriminate against an individual based on the
sexual orientation or gender identity of persons with whom the
individual is believed to associate or to have associated; or
(3) otherwise discriminate against an individual on
the basis of sexual orientation or gender identity.
Sec. 23.022. RETALIATION AND COERCION PROHIBITED. (a) A
covered entity may not discriminate against an individual because
the individual:
(1) opposes any act or practice prohibited by this
chapter;
(2) makes or files a charge; or
(3) assists, testifies, or participates in any manner
in an investigation, proceeding, or hearing conducted under this
chapter.
(b) A covered entity may not coerce, intimidate, threaten,
or interfere with an individual in the exercise or enjoyment of, or
because the individual has exercised, enjoyed, assisted, or
encouraged the exercise or enjoyment of, a right granted or
protected by this chapter.
[Sections 23.023-23.040 reserved for expansion]
SUBCHAPTER C. CONSTRUCTIONS; APPLICATION; EXCEPTIONS
Sec. 23.041. CONSTRUCTION. This chapter may not be
construed to prevent an employer from terminating an employee based
on the employee's criminal conviction.
Sec. 23.042. LIABILITY OF GOVERNMENTAL ENTITY. (a) The
state or a political subdivision of this state is liable for a
violation of this chapter.
(b) Sovereign immunity is waived and abolished to the extent
of liability created by this chapter.
Sec. 23.043. APPLICATION TO CERTAIN BENEFITS. This chapter
does not apply to the provision of employee benefits to an
individual for the benefit of the individual's partner.
Sec. 23.044. RELIGIOUS OR NONPROFIT ORGANIZATION. (a)
Except as provided by Subsection (b), this chapter does not apply to
a religious organization.
(b) This chapter applies to the activities conducted by a
religious organization for profit to the extent that those
activities are subject to federal taxation under Section 511(a),
Internal Revenue Code of 1986, as that section existed on September
1, 2001.
(c) This chapter does not apply to a nonprofit organization
whose mission is to instill its system of values in young people and
whose official position is that homosexual conduct is inconsistent
with that system of values.
Sec. 23.045. VETERAN'S PREFERENCE. This chapter does not
repeal or modify a state or local law that creates a special right
or preference in employment for a veteran of the armed forces of the
United States.
[Sec. 23.046-23.060 reserved for expansion]
SUBCHAPTER D. ENFORCEMENT
Sec. 23.061. COMMISSION AUTHORITY; ENFORCEMENT;
PROCEDURES. (a) The commission has the same authority to
administer and enforce this chapter as it exercises under Chapter
21.
(b) The procedures and remedies applicable to a claim for a
violation of this chapter are the procedures and remedies
applicable to a claim brought under Chapter 21.
Sec. 23.062. ATTORNEY'S FEES. A prevailing party to an
action brought under this chapter is entitled to attorney's fees in
the manner provided by Section 21.259.
SECTION 5. (a) Except as provided by Subsection (b), this
Act takes effect immediately if this Act receives a vote of
two-thirds of all the members elected to each house, as provided by
Section 29, Article III, Texas Constitution. If this Act does not
receive the vote necessary for immediate effect, this Act takes
effect September 1, 2003.
(b) Section 2 of this Act takes effect September 1, 2003.
(c) Section 2 of this Act applies to conduct of a covered
entity, as that term is defined by Chapter 23, Labor Code, as added
by Section 2 of this Act, occurring on or after that date. Conduct
occurring before that date is governed by the law in effect on the
date the claim was filed, and the former law is continued in effect
for that purpose.