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A BILL TO BE ENTITLED
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AN ACT
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relating to the prohibition of certain discrimination based on |
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sexual orientation or gender identity or expression. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 100B to read as follows: |
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CHAPTER 100B. LIABILITY ARISING FROM DISCRIMINATION |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 100B.001. DEFINITIONS. In this chapter: |
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(1) "Aggrieved person" includes any person who: |
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(A) claims to have been injured by a |
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discriminatory practice; or |
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(B) believes that he or she will be injured by a |
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discriminatory practice that is about to occur. |
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(2) "Discriminatory practice" means an act prohibited |
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by this chapter. |
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(3) "Gender identity or expression" means having or |
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being perceived as having gender-related identity, appearance, |
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expression, or behavior, whether or not that identity, appearance, |
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expression, or behavior is different from that commonly associated |
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with the person's actual or perceived sex. |
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(4) "Public accommodation" means a business or other |
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entity that offers to the general public food, shelter, recreation, |
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or amusement, or any other goods, service, privilege, facility, or |
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accommodation. |
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(5) "Religious organization" means: |
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(A) a religious corporation, association, or |
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society; or |
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(B) a school, institution of higher education, or |
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other educational institution, not otherwise a religious |
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organization, that: |
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(i) is wholly or substantially controlled, |
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managed, owned, or supported by a religious organization; or |
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(ii) has a curriculum directed toward the |
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propagation of a particular religion. |
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(6) "Sexual orientation" means the actual or perceived |
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sexuality of an individual. |
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Sec. 100B.002. APPLICABILITY OF CHAPTER. (a) Except as |
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provided by Subsection (b), this chapter does not apply to a |
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religious organization. |
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(b) This chapter applies to activities conducted by a |
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religious organization for profit to the extent that those |
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activities are subject to federal taxation under Section 511(a), |
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Internal Revenue Code of 1986, as that section existed on September |
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1, 2015. |
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SUBCHAPTER B. DISCRIMINATION IN PUBLIC ACCOMMODATIONS PROHIBITED |
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Sec. 100B.051. PUBLIC ACCOMMODATIONS. (a) Except as |
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provided by Subsection (b), a person commits a discriminatory |
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practice and violates this chapter if the person, because of the |
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sexual orientation or gender identity or expression of an |
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individual: |
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(1) denies that individual full and equal |
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accommodations in any place of public accommodation in this state, |
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subject only to the conditions and limitations established by law |
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and applicable to all persons; or |
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(2) otherwise discriminates against or segregates or |
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separates the individual based on sexual orientation or gender |
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identity or expression. |
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(b) A person does not commit a discriminatory practice or |
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violate this chapter under Subsection (a) if segregation or |
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separation of an individual is necessary to provide a service that: |
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(1) provides acceptance, support, and understanding |
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to the individual; |
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(2) assists the individual with coping with the |
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individual's sexual orientation or gender identity or expression, |
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maintaining social support, and exploring and identifying the |
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individual's identity; or |
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(3) provides support to an individual undergoing a |
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gender transition. |
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(c) The services described by Subsection (b)(2) include a |
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sexual orientation-neutral intervention for preventing or |
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addressing unlawful conduct or unsafe sexual practices if the |
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intervention does not seek to change the individual's sexual |
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orientation or gender identity or expression. |
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SUBCHAPTER C. CAUSE OF ACTION |
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Sec. 100B.101. CIVIL ACTION. An aggrieved person may file a |
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civil action in district court not later than the second |
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anniversary of the occurrence of the termination of an alleged |
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discriminatory practice under this chapter to obtain appropriate |
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relief with respect to the discriminatory practice. |
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Sec. 100B.102. RELIEF GRANTED. In an action under this |
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subchapter, if the court finds that a discriminatory practice has |
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occurred or is about to occur, the court may award to the plaintiff: |
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(1) actual and punitive damages; |
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(2) reasonable attorney's fees; |
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(3) court costs; and |
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(4) any permanent or temporary injunction, temporary |
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restraining order, or other order, including an order enjoining the |
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defendant from engaging in the practice or ordering other |
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appropriate action. |
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SECTION 2. This Act takes effect September 1, 2015. |