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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting certain discrimination based on sexual |
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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. Articles 42.014(a) and (c), Code of Criminal |
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Procedure, are amended to read as follows: |
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(a) In the trial of an offense under Title 5, Penal Code, or |
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Section 28.02, 28.03, 28.08, or 42.0601, Penal Code, the judge |
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shall make an affirmative finding of fact and enter the affirmative |
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finding in the judgment of the case if at the guilt or innocence |
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phase of the trial, the judge or the jury, whichever is the trier of |
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fact, determines beyond a reasonable doubt that the defendant |
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intentionally selected the person against whom the offense was |
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committed, or intentionally selected the person's property that was |
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damaged or affected as a result of the offense, because of the |
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defendant's bias or prejudice against a group identified by race, |
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color, disability, religion, national origin or ancestry, age, |
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gender, [or] sexual orientation, or gender identity or expression |
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[preference] or by status as a peace officer or judge. |
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(c) In this article: |
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(1) "Gender identity or expression" means having or |
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being perceived as having a gender-related identity, appearance, |
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expression, or behavior, regardless of whether that identity, |
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appearance, expression, or behavior is different from that commonly |
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associated with the person's actual or perceived sex. |
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(2) "Sexual orientation" means the actual or perceived |
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status of an individual with respect to the individual's |
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sexuality[, "sexual preference" has the following meaning only: a |
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preference for heterosexuality, homosexuality, or bisexuality]. |
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SECTION 2. Section 153.003, Family Code, is amended to read |
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as follows: |
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Sec. 153.003. NO DISCRIMINATION BASED ON SEX, SEXUAL |
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ORIENTATION, GENDER IDENTITY OR EXPRESSION, OR MARITAL STATUS. (a) |
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The court shall consider the qualifications of the parties without |
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regard to their marital status, sexual orientation, or gender |
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identity or expression, or to the sex of the party or the child in |
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determining: |
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(1) which party to appoint as sole managing |
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conservator; |
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(2) whether to appoint a party as joint managing |
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conservator; and |
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(3) the terms and conditions of conservatorship and |
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possession of and access to the child. |
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(b) In this section: |
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(1) "Gender identity or expression" means having or |
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being perceived as having a gender-related identity, appearance, |
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expression, or behavior, regardless of whether that identity, |
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appearance, expression, or behavior is different from that commonly |
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associated with the person's actual or perceived sex. |
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(2) "Sexual orientation" means the actual or perceived |
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status of an individual with respect to the individual's sexuality. |
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SECTION 3. Section 544.002, Insurance Code, is amended by |
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amending Subsection (a) and adding Subsection (d) to read as |
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follows: |
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(a) A person may not refuse to insure or provide coverage to |
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an individual, refuse to continue to insure or provide coverage to |
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an individual, limit the amount, extent, or kind of coverage |
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available for an individual, or charge an individual a rate that is |
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different from the rate charged to other individuals for the same |
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coverage because of the individual's: |
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(1) race, color, religion, or national origin; |
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(2) age, gender, marital status, or geographic |
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location; [or] |
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(3) disability or partial disability; or |
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(4) sexual orientation or gender identity or |
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expression. |
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(d) In this section: |
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(1) "Gender identity or expression" means having or |
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being perceived as having a gender-related identity, appearance, |
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expression, or behavior, regardless of whether that identity, |
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appearance, expression, or behavior is different from that commonly |
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associated with the person's actual or perceived sex. |
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(2) "Sexual orientation" means the actual or perceived |
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status of an individual with respect to the individual's sexuality. |
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SECTION 4. Section 21.002, Labor Code, is amended by adding |
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Subdivisions (9-a) and (13-a) to read as follows: |
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(9-a) "Gender identity or expression" means having or |
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being perceived as having a gender-related identity, appearance, |
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expression, or behavior, regardless of whether that identity, |
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appearance, expression, or behavior is different from that commonly |
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associated with the person's actual or perceived sex. |
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(13-a) "Sexual orientation" means the actual or |
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perceived status of an individual with respect to the individual's |
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sexuality. |
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SECTION 5. Section 21.051, Labor Code, is amended to read as |
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follows: |
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Sec. 21.051. DISCRIMINATION BY EMPLOYER. An employer |
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commits an unlawful employment practice if because of race, color, |
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disability, religion, sex, national origin, [or] age, sexual |
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orientation, or gender identity or expression the employer: |
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(1) fails or refuses to hire an individual, discharges |
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an individual, or discriminates in any other manner against an |
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individual in connection with compensation or the terms, |
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conditions, or privileges of employment; or |
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(2) limits, segregates, or classifies an employee or |
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applicant for employment in a manner that would deprive or tend to |
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deprive an individual of any employment opportunity or adversely |
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affect in any other manner the status of an employee. |
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SECTION 6. Article 42.014, Code of Criminal Procedure, as |
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amended by this Act, applies only to an offense committed on or |
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after the effective date of this Act. An offense committed before |
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the effective date of this Act is governed by the law in effect on |
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the date the offense was committed, and the former law is continued |
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in effect for that purpose. For purposes of this section, an offense |
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was committed before the effective date of this Act if any element |
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of the offense occurred before that date. |
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SECTION 7. (a) Section 153.003, Family Code, as amended by |
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this Act, applies to a suit affecting the parent-child relationship |
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pending in a trial court on the effective date of this Act or filed |
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on or after that date. |
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(b) The enactment of this Act constitutes a material and |
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substantial change of circumstances sufficient to warrant |
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modification of a court order or portion of a decree that provides |
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for conservatorship or possession of or access to a child rendered |
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before the effective date of this Act. |
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SECTION 8. Section 544.002, Insurance Code, as amended by |
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this Act, applies only to a health benefit plan delivered, issued |
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for delivery, or renewed on or after January 1, 2024. A health |
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benefit plan delivered, issued for delivery, or renewed before |
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January 1, 2024, is governed by the law as it existed immediately |
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before the effective date of this Act, and that law is continued in |
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effect for that purpose. |
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SECTION 9. Section 21.051, Labor Code, as amended by this |
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Act, applies to conduct occurring on or after the effective date of |
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this Act. Conduct occurring before the effective date of this Act |
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is governed by the law in effect on the date the conduct occurred, |
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and the former law is continued in effect for that purpose. |
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SECTION 10. This Act takes effect September 1, 2023. |