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79R1459 PB-D

By:  Farrar                                                       H.B. No. 143



A BILL TO BE ENTITLED

AN ACT

relating to the prohibition of employment discrimination on the 
basis of sexual orientation or gender identity.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  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 Texas Workforce 
Commission.              
		(2)  "Covered entity" includes an employer, an 
employment agency, a labor organization, a joint labor-management 
committee, or another person.
		(3)  "Division" means the Texas Workforce Commission 
civil rights division.
		(4)  "Employer" has the meaning assigned by Section 
21.002(8).       
		(5)  "Employment agency" has the meaning assigned by 
Section 21.002(9).
		(6)  "Gender identity" means the actual or perceived 
gender of an individual.
		(7)  "Labor organization" has the meaning assigned by 
Section 21.002(10).
		(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 of the 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.
	Sec. 23.023.  PROHIBITION OF QUOTAS AND PREFERENTIAL 
TREATMENT.  A covered entity may not:
		(1)  adopt or implement a quota on the basis of sexual 
orientation or gender identity; or
		(2)  give preferential treatment to an individual on 
the basis of sexual orientation or gender identity.

[Sections 23.024-23.040 reserved for expansion]

SUBCHAPTER C.  APPLICATION; EXCEPTIONS
	Sec. 23.041.  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. 23.042.  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. 23.043.  RELIGIOUS ORGANIZATION.  (a)  Except as 
provided by Subsection (b), this chapter does not apply to a 
religious organization.
	(b)  This chapter applies to 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, 2005.
	Sec. 23.044.  VETERANS' 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.

[Sections 23.045-23.060 reserved for expansion]

SUBCHAPTER D.  ENFORCEMENT
	Sec. 23.061.  DIVISION AUTHORITY; ENFORCEMENT; PROCEDURES.  
(a)  The division 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 2.   This Act applies to conduct of a covered entity, 
as that term is defined by Chapter 23, Labor Code, as added by this 
Act, occurring on or after the effective date of this Act.  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.
	SECTION 3.  This Act takes effect September 1, 2005.