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.