79R1525 PB-F
By: Rodriguez H.B. No. 1526
A BILL TO BE ENTITLED
AN ACT
relating to the prohibition of employment discrimination by state
agencies 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 24 to read as follows:
CHAPTER 24. EMPLOYMENT DISCRIMINATION BY STATE AGENCIES
BASED ON SEXUAL ORIENTATION OR GENDER IDENTITY PROHIBITED
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 24.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Workforce
Commission.
(2) "Division" means the Texas Workforce Commission
civil rights division.
(3) "Gender identity" means the actual or perceived
gender of an individual.
(4) "Sexual orientation" means the actual or perceived
status of an individual with respect to the individual's sexuality.
(5) "State agency" means:
(A) a board, commission, department, or other
agency in the executive branch of state government that is created
by the constitution or a statute of this state, including an
institution of higher education as defined by Section 61.003,
Education Code;
(B) the legislature or a legislative agency; or
(C) the supreme court, the court of criminal
appeals, a court of appeals, or a state judicial agency.
Sec. 24.002. RULES. The commission may adopt rules as
necessary to implement this chapter.
Sec. 24.003. NOTICES. Each state agency shall post, in the
form and manner prescribed by commission rule, notices to inform
employees, applicants for employment, and members of the governing
body of the agency of the applicable provisions of this chapter.
Sec. 24.004. 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. 24.005. 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 24.006-24.020 reserved for expansion]
SUBCHAPTER B. UNLAWFUL EMPLOYMENT PRACTICES
Sec. 24.021. DISCRIMINATION PROHIBITED. A state agency may
not:
(1) subject an employee or applicant for employment to
different standards or treatment on the basis of sexual orientation
or gender identity;
(2) discriminate against an employee or applicant for
employment based on the sexual orientation or gender identity of
persons with whom the employee or applicant for employment is
believed to associate or to have associated; or
(3) otherwise discriminate against an employee or
applicant for employment on the basis of sexual orientation or
gender identity.
Sec. 24.022. RETALIATION AND COERCION PROHIBITED. (a) A
state agency may not discriminate against an employee or applicant
for employment 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 state agency may not coerce, intimidate, threaten, or
interfere with an employee or applicant for employment in the
exercise or enjoyment of, or because the employee or applicant for
employment has exercised, enjoyed, assisted, or encouraged the
exercise or enjoyment of, a right granted or protected by this
chapter.
Sec. 24.023. PROHIBITION OF QUOTAS AND PREFERENTIAL
TREATMENT. A state agency may not:
(1) adopt or implement a quota on the basis of sexual
orientation or gender identity; or
(2) give preferential treatment to an employee or
applicant for employment on the basis of sexual orientation or
gender identity.
[Sections 24.024-24.040 reserved for expansion]
SUBCHAPTER C. APPLICATION; EXCEPTIONS
Sec. 24.041. LIABILITY OF STATE. (a) The 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. 24.042. APPLICATION TO CERTAIN BENEFITS. This chapter
does not apply to the provision of employee benefits to an employee
for the benefit of the employee's partner.
Sec. 24.043. VETERANS' PREFERENCE. This chapter does not
repeal or modify a state law that creates a special right or
preference in employment for a veteran of the armed forces of the
United States.
[Sections 24.044-24.060 reserved for expansion]
SUBCHAPTER D. ENFORCEMENT
Sec. 24.061. 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. 24.062. 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 state agency, as
that term is defined by Chapter 24, 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.