88R516 KSD-D
 
  By: Menéndez, Eckhardt S.B. No. 110
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the prohibition of certain discrimination; authorizing
  civil penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle C, Title 5, Business & Commerce Code, is
  amended by adding Chapter 101A to read as follows:
  CHAPTER 101A. DISCRIMINATION IN PLACES OF PUBLIC ACCOMMODATION
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 101A.001.  DEFINITIONS. In this chapter:
               (1)  "Commission" means the Texas Workforce
  Commission.
               (2)  "Complainant" means an individual who brings an
  action or proceeding under this chapter.
               (3)  "Discriminatory practice" means an act prohibited
  by this chapter.
               (4)  "Executive director" means the executive director
  of the commission.
               (5)  "Gender identity" means the gender-related
  identity, appearance, or other gender-related characteristics of
  an individual with or without regard to the individual's designated
  sex at birth.
               (6)  "Military veteran" means a person who:
                     (A)  has served in:
                           (i)  the armed forces of the United States or
  the United States Public Health Service under 42 U.S.C. Section 201
  et seq.;
                           (ii)  the state military forces, as defined
  by Section 431.001, Government Code; or
                           (iii)  an auxiliary service of a branch of
  the armed forces described by Subparagraph (i) or (ii); and
                     (B)  has been honorably discharged from the branch
  of the service in which the person served.
               (7)  "Person" means:
                     (A)  an individual;
                     (B)  a corporation, partnership, association,
  unincorporated organization, labor organization, mutual company,
  joint-stock company, and trust; and
                     (C)  a legal representative, a trustee, a trustee
  in a case under Title 11, U.S.C., a receiver, and a fiduciary.
               (8)  "Public accommodation" means a business or other
  entity that offers to the public any good, service, privilege,
  facility, or accommodation.
               (9)  "Respondent" means a person charged in a complaint
  filed under this chapter.
               (10)  "Sexual orientation" means an individual's actual
  or perceived heterosexuality, bisexuality, or homosexuality.
         Sec. 101A.002.  RULES. The commission may adopt rules
  necessary to implement this chapter.
  SUBCHAPTER B. DISCRIMINATION IN PUBLIC ACCOMMODATIONS PROHIBITED
         Sec. 101A.051.  PUBLIC ACCOMMODATIONS. (a) A person
  engages in a discriminatory practice and violates this chapter if
  the person, because of the race, color, disability, religion, sex,
  national origin, age, sexual orientation, or gender identity of an
  individual, or because of the individual's status as a military
  veteran:
               (1)  refuses, withholds, or denies that individual full
  and equal accommodation in any place of public accommodation in
  this state;
               (2)  publishes, circulates, issues, displays, posts,
  or mails, either directly or indirectly, any communication, notice,
  or advertisement to the effect that any good, service, privilege,
  facility, or accommodation of a place of public accommodation in
  this state will be refused, withheld, or denied; or
               (3)  otherwise discriminates against or segregates or
  separates the individual in a place of public accommodation based
  on race, color, disability, religion, sex, national origin, age,
  sexual orientation, or gender identity or based on the individual's
  status as a military veteran.
         (b)  This section does not apply to a private club, a place of
  accommodation owned by or operated on behalf of a religious
  corporation, association, or society that is not in fact open to the
  public, or any other establishment that is not in fact open to the
  public.
         (c)  This section does not prohibit the provision of a
  special benefit, incentive, discount, or promotion through a
  private or public program to assist persons who:
               (1)  are 50 years of age or older; or
               (2)  are military veterans or family members of
  military veterans.
         (d)  This section does not supersede or interfere with any
  state law or local ordinance that prohibits a person under the age
  of 21 from entering a place of public accommodation.
  SUBCHAPTER C. ADMINISTRATIVE ENFORCEMENT
         Sec. 101A.101.  FILING OF COMPLAINT; FORM AND CONTENT;
  SERVICE. (a) A person claiming to be aggrieved by an alleged
  discriminatory practice or the person's agent may file a complaint
  with the commission.
         (b)  The complaint must be in writing and made under oath.
         (c)  The complaint must state:
               (1)  that a discriminatory practice has been committed;
               (2)  the facts on which the complaint is based,
  including the date, place, and circumstances of the alleged
  discriminatory practice; and
               (3)  facts sufficient to enable the commission to
  identify the respondent.
         (d)  The executive director or the executive director's
  designee shall serve the respondent with a copy of the perfected
  complaint not later than the 10th day after the date the complaint
  is filed.
         (e)  A complaint may be amended to cure technical defects or
  omissions, including a failure to verify the complaint or to
  clarify and amplify an allegation made in the complaint.
         (f)  An amendment to a complaint alleging additional facts
  that constitute discriminatory practices relating to or arising
  from the subject matter of the original complaint relates back to
  the date the complaint was first received by the commission.
         (g)  If a perfected complaint is not received by the
  commission within 180 days of the alleged discriminatory practice,
  the commission shall notify the respondent that a complaint has
  been filed and that the process of perfecting the complaint is in
  progress.
         Sec. 101A.102.  STATUTE OF LIMITATIONS. (a) A complaint
  under this subchapter must be filed not later than the 180th day
  after the date the alleged discriminatory practice occurred.
         (b)  The commission shall dismiss an untimely complaint.
         Sec. 101A.103.  ALTERNATIVE DISPUTE RESOLUTION; OFFICE.
  (a) The use of alternative means of dispute resolution, including
  settlement negotiations, conciliation, facilitation, mediation,
  fact-finding, minitrials, and arbitration, is encouraged to
  resolve disputes arising under this chapter. The settlement of a
  disputed claim under this chapter that results from the use of
  traditional or alternative means of dispute resolution is binding
  on the parties to the claim.
         (b)  The commission shall establish an office of alternative
  dispute resolution. At any time after a complaint is received under
  Section 101A.101, at the request of a party or at the direction of
  the commission, the matter may be referred to the office of
  alternative dispute resolution.
         Sec. 101A.104.  INVESTIGATION BY COMMISSION. (a) The
  executive director or a staff member of the commission designated
  by the executive director shall investigate a complaint and
  determine if there is reasonable cause to believe that the
  respondent engaged in a discriminatory practice as alleged in the
  complaint.
         (b)  If the federal government has referred the complaint to
  the commission or has deferred jurisdiction over the subject matter
  of the complaint to the commission, the executive director or the
  executive director's designee shall promptly investigate the
  allegations stated in the complaint.
         Sec. 101A.105.  LACK OF REASONABLE CAUSE; DISMISSAL OF
  COMPLAINT. (a) If after investigation the executive director or
  the executive director's designee determines that reasonable cause
  does not exist to believe that the respondent engaged in a
  discriminatory practice as alleged in a complaint, the executive
  director or the executive director's designee shall issue a written
  determination, incorporating the finding that the evidence does not
  support the complaint and dismissing the complaint.
         (b)  The executive director or the executive director's
  designee shall serve a copy of the determination on the
  complainant, the respondent, and other agencies as required by law.
         Sec. 101A.106.  DETERMINATION OF REASONABLE CAUSE; REVIEW BY
  COMMISSION. (a)  If after investigation the executive director or
  the executive director's designee determines that there is
  reasonable cause to believe that the respondent engaged in a
  discriminatory practice as alleged in a complaint, the executive
  director or the executive director's designee shall review with the
  commission members the evidence in the record.
         (b)  If after the review at least two of the three commission
  members determine that there is reasonable cause to believe that
  the respondent engaged in a discriminatory practice, the executive
  director shall:
               (1)  issue a written determination incorporating the
  executive director's finding that the evidence supports the
  complaint; and
               (2)  serve a copy of the determination on the
  complainant, the respondent, and other agencies as required by law.
         Sec. 101A.107.  RESOLUTION BY INFORMAL METHODS. (a) If a
  determination of reasonable cause is made under Section 101A.106,
  the commission shall endeavor to eliminate the alleged
  discriminatory practice by informal methods of conference,
  conciliation, and persuasion.
         (b)  Without the written consent of the complainant and
  respondent, the commission, its executive director, or its other
  officers or employees may not disclose to the public information
  about the efforts in a particular case to resolve an alleged
  discriminatory practice by conference, conciliation, or
  persuasion, regardless of whether there is a determination of
  reasonable cause.
         Sec. 101A.108.  NOTICE OF DISMISSAL OR UNRESOLVED COMPLAINT.
  If the commission dismisses a complaint filed under Section
  101A.101 or does not resolve the complaint before the 181st day
  after the date the complaint was filed, the commission shall inform
  the complainant of the dismissal or failure to resolve the
  complaint in writing by certified mail.
         Sec. 101A.109.  TEMPORARY INJUNCTIVE RELIEF. (a) If the
  commission concludes from a preliminary investigation of a
  discriminatory practice alleged in a complaint that prompt judicial
  action is necessary to carry out the purpose of this chapter, the
  commission shall file a petition seeking appropriate temporary
  relief against the respondent pending final determination of a
  proceeding under this chapter.
         (b)  The petition shall be filed in a district court in a
  county in which:
               (1)  the alleged discriminatory practice that is the
  subject of the complaint occurred; or
               (2)  the respondent resides.
         (c)  A court may not issue temporary injunctive relief unless
  the commission shows:
               (1)  a substantial likelihood of success on the merits;
  and
               (2)  irreparable harm to the complainant in the absence
  of the preliminary relief pending final determination on the
  merits.
         Sec. 101A.110.  ELECTION OF REMEDIES. A person who has
  initiated a court action or who has an action pending before an
  administrative agency under other law or an order or ordinance of a
  political subdivision of this state based on an act that would be a
  discriminatory practice under this chapter may not file a complaint
  under this subchapter for the same grievance.
  SUBCHAPTER D. JUDICIAL ENFORCEMENT
         Sec. 101A.151.  CIVIL ACTION BY COMMISSION. (a) The
  commission may bring a civil action against a respondent if:
               (1)  the commission determines that there is reasonable
  cause to believe that the respondent engaged in a discriminatory
  practice;
               (2)  the commission's efforts to resolve the alleged
  discriminatory practice to the satisfaction of the complainant and
  respondent through conciliation have been unsuccessful; and
               (3)  a majority of the commissioners determines that
  the civil action may achieve the purposes of this chapter.
         (b)  The complainant may intervene in a civil action brought
  by the commission.
         Sec. 101A.152.  NOTICE OF COMPLAINANT'S RIGHT TO FILE CIVIL
  ACTION. (a) A complainant who receives notice under Section
  101A.108 that the complaint is dismissed or not resolved is
  entitled to request from the commission a written notice of the
  complainant's right to file a civil action.
         (b)  The complainant must request the notice in writing.
         (c)  The executive director may issue the notice.
         (d)  Failure to issue the notice of a complainant's right to
  file a civil action does not affect the complainant's right under
  this subchapter to bring a civil action against the respondent.
         Sec. 101A.153.  CIVIL ACTION BY COMPLAINANT. Not later than
  the 60th day after the date a notice of the right to file a civil
  action is received, the complainant may bring a civil action
  against the respondent.
         Sec. 101A.154.  COMMISSION'S INTERVENTION IN CIVIL ACTION BY
  COMPLAINANT. After receipt of a timely application, a court may
  permit the commission to intervene in a civil action filed under
  Section 101A.153 if:
               (1)  the commission certifies that the case is of
  general public importance; and
               (2)  before commencement of the action the commission
  issued a determination of reasonable cause to believe that this
  chapter was violated.
         Sec. 101A.155.  STATUTE OF LIMITATIONS. A civil action may
  not be brought under this subchapter later than the second
  anniversary of the date the complaint relating to the action is
  filed.
         Sec. 101A.156.  ASSIGNMENT TO EARLY HEARING. The court
  shall set an action brought under this subchapter for hearing at the
  earliest practicable date to expedite the action.
         Sec. 101A.157.  INJUNCTION; EQUITABLE RELIEF. On finding
  that a respondent engaged in a discriminatory practice as alleged
  in a complaint, a court may:
               (1)  prohibit by injunction the respondent from
  engaging in the discriminatory practice; and
               (2)  order additional equitable relief as may be
  appropriate.
         Sec. 101A.158.  COMPENSATORY AND PUNITIVE DAMAGES. (a) On
  finding that a respondent engaged in a discriminatory practice as
  alleged in a complaint, a court may, as provided by this section,
  award:
               (1)  compensatory damages; and
               (2)  punitive damages.
         (b)  A complainant may recover punitive damages against a
  respondent, other than a respondent that is a governmental entity,
  if the complainant demonstrates that the respondent engaged in a
  discriminatory practice with malice or with reckless indifference
  to the state-protected rights of an aggrieved individual.
         Sec. 101A.159.  ATTORNEY'S FEES; COSTS. (a) In a
  proceeding under this chapter, a court may allow the prevailing
  party, other than the commission, a reasonable attorney's fee as
  part of the costs.
         (b)  The state, a state agency, or a political subdivision is
  liable for costs, including attorney's fees, to the same extent as a
  private person.
         (c)  In awarding costs and attorney's fees in an action or a
  proceeding under this chapter, the court, in its discretion, may
  include reasonable expert fees.
         Sec. 101A.160.  COMPELLED COMPLIANCE. If a person fails to
  comply with a court order issued under this subchapter, a party to
  the action or the commission, on the written request of a person
  aggrieved by the failure, may commence proceedings to compel
  compliance with the order.
         Sec. 101A.161.  TRIAL DE NOVO. (a) A judicial proceeding
  under this chapter is by trial de novo.
         (b)  A commission finding, recommendation, determination, or
  other action is not binding on a court.
  SUBCHAPTER E. ENFORCEMENT BY ATTORNEY GENERAL
         Sec. 101A.201.  ENFORCEMENT BY ATTORNEY GENERAL; PATTERN OR
  PRACTICE CASE. (a) If the commission determines that a person is
  engaged in a pattern or practice of discriminatory practices under
  this chapter or that an alleged violation raises an issue of general
  public importance, the commission may request the attorney general
  to file a civil action in district court for appropriate relief.
         (b)  In an action under this section, the court may:
               (1)  award equitable relief and other appropriate
  relief, including monetary damages, a reasonable attorney's fee,
  and court costs, available under Subchapter D for an action under
  that subchapter; and
               (2)  to vindicate the public interest, assess a civil
  penalty against the respondent in the amount not to exceed the
  applicable amounts prescribed by Section 301.132, Property Code,
  for a pattern or practice violation under the Texas Fair Housing
  Act.
         SECTION 2.  Section 21.002, Labor Code, is amended by adding
  Subdivisions (9-a), (11-b), and (13-a) to read as follows:
               (9-a)  "Gender identity" means the gender-related
  identity, appearance, or other gender-related characteristics of
  an individual with or without regard to the individual's designated
  sex at birth.
               (11-b)  "Military veteran" means a person who:
                     (A)  has served in:
                           (i)  the armed forces of the United States or
  the United States Public Health Service under 42 U.S.C. Section 201
  et seq.;
                           (ii)  the state military forces, as defined
  by Section 431.001, Government Code; or
                           (iii)  an auxiliary service of a branch of
  the armed forces described by Subparagraph (i) or (ii); and
                     (B)  has been honorably discharged from the branch
  of the service in which the person served.
               (13-a)  "Sexual orientation" means an individual's
  actual or perceived heterosexuality, bisexuality, or
  homosexuality.
         SECTION 3.  Section 21.005, Labor Code, is amended by adding
  Subsection (d) to read as follows:
         (d)  A provision in this chapter prohibiting discrimination
  on the basis of an individual's status as a military veteran does
  not affect the operation or enforcement of a program under the laws
  of this state or the United States that is designed to give a
  preference to a military veteran in recognition of the veteran's
  service to this state or the United States, including a preference
  authorized under Section 302.154 or under Chapter 657, Government
  Code.
         SECTION 4.  Section 21.051, Labor Code, is amended to read as
  follows:
         Sec. 21.051.  DISCRIMINATION BY EMPLOYER. An employer
  commits an unlawful employment practice if because of race, color,
  disability, religion, sex, national origin, [or] age, sexual
  orientation, or gender identity, or because of the individual's
  status as a military veteran, the employer:
               (1)  fails or refuses to hire an individual, discharges
  an individual, or discriminates in any other manner against an
  individual in connection with compensation or the terms,
  conditions, or privileges of employment; or
               (2)  limits, segregates, or classifies an employee or
  applicant for employment in a manner that would deprive or tend to
  deprive an individual of any employment opportunity or adversely
  affect in any other manner the status of an employee.
         SECTION 5.  Section 21.052, Labor Code, is amended to read as
  follows:
         Sec. 21.052.  DISCRIMINATION BY EMPLOYMENT AGENCY. An
  employment agency commits an unlawful employment practice if the
  employment agency:
               (1)  fails or refuses to refer for employment or
  discriminates in any other manner against an individual because of
  race, color, disability, religion, sex, national origin, [or] age,
  sexual orientation, or gender identity, or because of the
  individual's status as a military veteran; or
               (2)  classifies or refers an individual for employment
  on the basis of race, color, disability, religion, sex, national
  origin, [or] age, sexual orientation, or gender identity, or
  because of the individual's status as a military veteran.
         SECTION 6.  Section 21.053, Labor Code, is amended to read as
  follows:
         Sec. 21.053.  DISCRIMINATION BY LABOR ORGANIZATION. A labor
  organization commits an unlawful employment practice if because of
  race, color, disability, religion, sex, national origin, [or] age,
  sexual orientation, or gender identity, or because of the
  individual's status as a military veteran, the labor organization:
               (1)  excludes or expels from membership or
  discriminates in any other manner against an individual; or
               (2)  limits, segregates, or classifies a member or an
  applicant for membership or classifies or fails or refuses to refer
  for employment an individual in a manner that would:
                     (A)  deprive or tend to deprive an individual of
  any employment opportunity;
                     (B)  limit an employment opportunity or adversely
  affect in any other manner the status of an employee or of an
  applicant for employment; or
                     (C)  cause or attempt to cause an employer to
  violate this subchapter.
         SECTION 7.  Section 21.054, Labor Code, is amended to read as
  follows:
         Sec. 21.054.  ADMISSION OR PARTICIPATION IN TRAINING
  PROGRAM. [(a)] Unless a training or retraining opportunity or
  program is provided under an affirmative action plan approved under
  a federal law, rule, or order, an employer, labor organization, or
  joint labor-management committee controlling an apprenticeship,
  on-the-job training, or other training or retraining program
  commits an unlawful employment practice if the employer, labor
  organization, or committee discriminates against an individual
  because of race, color, disability, religion, sex, national origin,
  [or] age, sexual orientation, or gender identity, or because of the
  individual's status as a military veteran, in admission to or
  participation in the program.
         SECTION 8.  Section 21.059(a), Labor Code, is amended to
  read as follows:
         (a)  An employer, labor organization, employment agency, or
  joint labor-management committee controlling an apprenticeship,
  on-the-job training, or other training or retraining program
  commits an unlawful employment practice if the employer, labor
  organization, employment agency, or committee prints or publishes
  or causes to be printed or published a notice or advertisement
  relating to employment that:
               (1)  indicates a preference, limitation,
  specification, or discrimination based on race, color, disability,
  religion, sex, national origin, [or] age, sexual orientation, or
  gender identity, or based on an individual's status as a military
  veteran; and
               (2)  concerns an employee's status, employment, or
  admission to or membership or participation in a labor union or
  training or retraining program.
         SECTION 9.  Section 21.102(c), Labor Code, is amended to
  read as follows:
         (c)  This section does not apply to standards of compensation
  or terms, conditions, or privileges of employment that are
  discriminatory on the basis of race, color, disability, religion,
  sex, national origin, [or] age, sexual orientation, or gender
  identity, or on the basis of an individual's status as a military
  veteran.
         SECTION 10.  Section 21.112, Labor Code, is amended to read
  as follows:
         Sec. 21.112.  EMPLOYEES AT DIFFERENT LOCATIONS. An employer
  does not commit an unlawful employment practice by applying to
  employees who work in different locations different standards of
  compensation or different terms, conditions, or privileges of
  employment that are not discriminatory on the basis of race, color,
  disability, religion, sex, national origin, [or] age, sexual
  orientation, or gender identity, or on the basis of an individual's
  status as a military veteran.
         SECTION 11.  Section 21.113, Labor Code, is amended to read
  as follows:
         Sec. 21.113.  IMBALANCE PLAN NOT REQUIRED. This chapter
  does not require a person subject to this chapter to grant
  preferential treatment to an individual or a group on the basis of
  race, color, disability, religion, sex, national origin, [or] age,
  sexual orientation, or gender identity, or on the basis of an
  individual's status as a military veteran, because of an imbalance
  between:
               (1)  the total number or percentage of persons of that
  individual's or group's race, color, disability, religion, sex,
  national origin, [or] age, sexual orientation, or gender identity,
  or the total number or percentage of individuals who are military
  veterans:
                     (A)  employed by an employer;
                     (B)  referred or classified for employment by an
  employment agency or labor organization;
                     (C)  admitted to membership or classified by a
  labor organization; or
                     (D)  admitted to or employed in an apprenticeship,
  on-the-job training, or other training or retraining program; and
               (2)  the total number or percentage of persons of that
  race, color, disability, religion, sex, national origin, [or] age,
  sexual orientation, or gender identity or the total number or
  percentage of individuals who are military veterans in:
                     (A)  a community, this state, a region, or other
  area; or
                     (B)  the available work force in a community, this
  state, a region, or other area.
         SECTION 12.  Section 21.120(b), Labor Code, is amended to
  read as follows:
         (b)  Subsection (a) does not apply to a policy adopted or
  applied with the intent to discriminate because of race, color,
  sex, national origin, religion, age, [or] disability, sexual
  orientation, or gender identity, or because of an individual's
  status as a military veteran.
         SECTION 13.  Section 21.122(a), Labor Code, is amended to
  read as follows:
         (a)  An unlawful employment practice based on disparate
  impact is established under this chapter only if:
               (1)  a complainant demonstrates that a respondent uses
  a particular employment practice that causes a disparate impact on
  the basis of race, color, sex, national origin, religion, [or]
  disability, sexual orientation, or gender identity, or on the basis
  of an individual's status as a military veteran, and the respondent
  fails to demonstrate that the challenged practice is job-related
  for the position in question and consistent with business
  necessity; or
               (2)  the complainant makes the demonstration in
  accordance with federal law as that law existed June 4, 1989, with
  respect to the concept of alternative employment practices, and the
  respondent refuses to adopt such an alternative employment
  practice.
         SECTION 14.  Section 21.124, Labor Code, is amended to read
  as follows:
         Sec. 21.124.  PROHIBITION AGAINST DISCRIMINATORY USE OF TEST
  SCORES. (a)  Except as provided by Subsection (b), it [It] is an
  unlawful employment practice for a respondent, in connection with
  the selection or referral of applicants for employment or
  promotion, to adjust the scores of, use different cutoff scores
  for, or otherwise alter the results of employment-related tests on
  the basis of race, color, sex, national origin, religion, age, [or]
  disability, sexual orientation, or gender identity, or on the basis
  of an individual's status as a military veteran.
         (b)  Subsection (a) does not apply to an act described by
  that subsection that is made in conjunction with a preference
  program for military veterans authorized under a law of this state
  or the United States.
         SECTION 15.  The heading to Section 21.125, Labor Code, is
  amended to read as follows:
         Sec. 21.125.  CLARIFYING PROHIBITION AGAINST IMPERMISSIBLE
  CONSIDERATION OF RACE, COLOR, SEX, NATIONAL ORIGIN, RELIGION, AGE,
  [OR] DISABILITY, SEXUAL ORIENTATION, OR GENDER IDENTITY OR STATUS
  AS MILITARY VETERAN IN EMPLOYMENT PRACTICES.
         SECTION 16.  Section 21.125(a), Labor Code, is amended to
  read as follows:
         (a)  Except as otherwise provided by this chapter, an
  unlawful employment practice is established when the complainant
  demonstrates that race, color, sex, national origin, religion, age,
  [or] disability, sexual orientation, or gender identity, or status
  as a military veteran, was a motivating factor for an employment
  practice, even if other factors also motivated the practice, unless
  race, color, sex, national origin, religion, age, [or] disability,
  sexual orientation, or gender identity, or status as a military
  veteran, is combined with objective job-related factors to attain
  diversity in the employer's work force.
         SECTION 17.  Section 21.126, Labor Code, is amended to read
  as follows:
         Sec. 21.126.  COVERAGE OF PREVIOUSLY EXEMPT EMPLOYEES OF THE
  STATE OR POLITICAL SUBDIVISION OF THE STATE. It is an unlawful
  employment practice for a person elected to public office in this
  state or a political subdivision of this state to discriminate
  because of race, color, sex, national origin, religion, age, [or]
  disability, sexual orientation, or gender identity, or because of
  the individual's status as a military veteran, against an
  individual who is an employee or applicant for employment to:
               (1)  serve on the elected official's personal staff;
               (2)  serve the elected official on a policy-making
  level; or
               (3)  serve the elected official as an immediate advisor
  with respect to the exercise of the constitutional or legal powers
  of the office.
         SECTION 18.  Section 21.152(a), Labor Code, is amended to
  read as follows:
         (a)  A political subdivision or two or more political
  subdivisions acting jointly may create a local commission to:
               (1)  promote the purposes of this chapter; and
               (2)  secure for all individuals in the jurisdiction of
  each political subdivision freedom from discrimination because of
  race, color, disability, religion, sex, national origin, [or] age,
  sexual orientation, or gender identity, or because of an
  individual's status as a military veteran.
         SECTION 19.  Section 21.155(a), Labor Code, is amended to
  read as follows:
         (a)  The commission [Commission on Human Rights] shall refer
  a complaint concerning discrimination in employment because of
  race, color, disability, religion, sex, national origin, [or] age,
  sexual orientation, or gender identity, or because of status as a
  military veteran, that is filed with that commission to a local
  commission with the necessary investigatory and conciliatory
  powers if:
               (1)  the complaint has been referred to the commission 
  [Commission on Human Rights] by the federal government; or
               (2)  jurisdiction over the subject matter of the
  complaint has been deferred to the commission [Commission on Human
  Rights] by the federal government.
         SECTION 20.  Section 301.003, Property Code, is amended by
  amending Subdivision (6) and adding Subdivisions (9-a), (9-b), and
  (10-a) to read as follows:
               (6)  "Disability" means a mental or physical impairment
  that substantially limits at least one major life activity, a
  record of the impairment, or being regarded as having the
  impairment. The term does not include current illegal use of or
  addiction to any drug or illegal or federally controlled substance
  [and does not apply to an individual because of an individual's
  sexual orientation or because that individual is a transvestite].
               (9-a)  "Gender identity" means the gender-related
  identity, appearance, or other gender-related characteristics of
  an individual with or without regard to the individual's designated
  sex at birth.
               (9-b)  "Military veteran" means a person who:
                     (A)  has served in:
                           (i)  the armed forces of the United States or
  the United States Public Health Service under 42 U.S.C. Section 201
  et seq.;
                           (ii)  the state military forces, as defined
  by Section 431.001, Government Code; or
                           (iii)  an auxiliary service of a branch of
  the armed forces described by Subparagraph (i) or (ii); and
                     (B)  has been honorably discharged from the branch
  of the service in which the person served.
               (10-a)  "Sexual orientation" means an individual's
  actual or perceived heterosexuality, bisexuality, or
  homosexuality.
         SECTION 21.  Sections 301.021(a) and (b), Property Code, are
  amended to read as follows:
         (a)  A person may not refuse to sell or rent, after the making
  of a bona fide offer, refuse to negotiate for the sale or rental of,
  or in any other manner make unavailable or deny a dwelling to
  another because of race, color, religion, sex, familial status,
  [or] national origin, sexual orientation, or gender identity, or
  because of status as a military veteran.
         (b)  A person may not discriminate against another in the
  terms, conditions, or privileges of sale or rental of a dwelling or
  in providing services or facilities in connection with a sale or
  rental of a dwelling because of race, color, religion, sex,
  familial status, [or] national origin, sexual orientation, or
  gender identity, or because of status as a military veteran.
         SECTION 22.  Section 301.022, Property Code, is amended to
  read as follows:
         Sec. 301.022.  PUBLICATION. A person may not make, print, or
  publish or effect the making, printing, or publishing of a notice,
  statement, or advertisement that is about the sale or rental of a
  dwelling and that indicates any preference, limitation, or
  discrimination or the intention to make a preference, limitation,
  or discrimination because of race, color, religion, sex,
  disability, familial status, [or] national origin, sexual
  orientation, or gender identity, or because of status as a military
  veteran.
         SECTION 23.  Section 301.023, Property Code, is amended to
  read as follows:
         Sec. 301.023.  INSPECTION. A person may not represent to
  another because of race, color, religion, sex, disability, familial
  status, [or] national origin, sexual orientation, or gender
  identity, or because of status as a military veteran, that a
  dwelling is not available for inspection for sale or rental when the
  dwelling is available for inspection.
         SECTION 24.  Section 301.024, Property Code, is amended to
  read as follows:
         Sec. 301.024.  ENTRY INTO NEIGHBORHOOD. A person may not,
  for profit, induce or attempt to induce another to sell or rent a
  dwelling by representations regarding the entry or prospective
  entry into a neighborhood of a person of a particular race, color,
  religion, sex, disability, familial status, [or] national origin,
  sexual orientation, or gender identity or with the status of a
  military veteran.
         SECTION 25.  Section 301.026(a), Property Code, is amended
  to read as follows:
         (a)  A person whose business includes engaging in
  residential real estate related transactions may not discriminate
  against another in making a real estate related transaction
  available or in the terms or conditions of a real estate related
  transaction because of race, color, religion, sex, disability,
  familial status, [or] national origin, sexual orientation, or
  gender identity, or because of status as a military veteran.
         SECTION 26.  Section 301.027, Property Code, is amended to
  read as follows:
         Sec. 301.027.  BROKERAGE SERVICES. A person may not deny
  another access to, or membership or participation in, a
  multiple-listing service, real estate brokers' organization, or
  other service, organization, or facility relating to the business
  of selling or renting dwellings, or discriminate against a person
  in the terms or conditions of access, membership, or participation
  in such an organization, service, or facility because of race,
  color, religion, sex, disability, familial status, [or] national
  origin, sexual orientation, or gender identity, or because of
  status as a military veteran.
         SECTION 27.  Sections 301.042(a) and (c), Property Code, are
  amended to read as follows:
         (a)  This chapter does not prohibit a religious
  organization, association, or society or a nonprofit institution or
  organization operated, supervised, or controlled by or in
  conjunction with a religious organization, association, or society
  from:
               (1)  limiting the sale, rental, or occupancy of
  dwellings that it owns or operates for other than a commercial
  purpose to persons of the same religion; or
               (2)  giving preference to persons of the same religion,
  unless membership in the religion is restricted because of race,
  color, [or] national origin, sexual orientation, or gender
  identity, or because of status as a military veteran.
         (c)  This chapter does not prohibit a person engaged in the
  business of furnishing appraisals of real property from considering
  in those appraisals factors other than race, color, religion, sex,
  disability, familial status, [or] national origin, sexual
  orientation, or gender identity, or status as a military veteran.
         SECTION 28.  Section 301.068, Property Code, is amended to
  read as follows:
         Sec. 301.068.  REFERRAL TO MUNICIPALITY. (a) Subject to
  Subsection (b), the [The] commission may defer proceedings under
  this chapter and refer a complaint to a municipality that has been
  certified by the federal Department of Housing and Urban
  Development as a substantially equivalent fair housing agency.
         (b)  The commission may not defer proceedings and refer a
  complaint under Subsection (a) to a municipality in which the
  alleged discrimination occurred if:
               (1)  the complaint alleges discrimination based on
  sexual orientation or gender identity or based on status as a
  military veteran; and
               (2)  the municipality does not have laws prohibiting
  the alleged discrimination.
         SECTION 29.  Section 301.171(a), Property Code, is amended
  to read as follows:
         (a)  A person commits an offense if the person, without
  regard to whether the person is acting under color of law, by force
  or threat of force intentionally intimidates or interferes with a
  person:
               (1)  because of the person's race, color, religion,
  sex, disability, familial status, [or] national origin, sexual
  orientation, or gender identity, or because of the person's status
  as a military veteran and because the person is or has been selling,
  purchasing, renting, financing, occupying, or contracting or
  negotiating for the sale, purchase, rental, financing, or
  occupation of any dwelling or applying for or participating in a
  service, organization, or facility relating to the business of
  selling or renting dwellings; or
               (2)  because the person is or has been or to intimidate
  the person from:
                     (A)  participating, without discrimination
  because of race, color, religion, sex, disability, familial status,
  [or] national origin, sexual orientation, or gender identity, or
  because of status as a military veteran, in an activity, service,
  organization, or facility described by Subdivision (1); [or]
                     (B)  affording another person opportunity or
  protection to so participate; or
                     (C)  lawfully aiding or encouraging other persons
  to participate, without discrimination because of race, color,
  religion, sex, disability, familial status, [or] national origin,
  sexual orientation, or gender identity, or because of status as a
  military veteran, in an activity, service, organization, or
  facility described by Subdivision (1).
         SECTION 30.  (a)  The changes in law made by this Act to the
  Business & Commerce Code and the Labor Code apply to conduct
  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 conduct occurred, and the former law is continued in effect
  for that purpose.
         (b)  The changes in law made by this Act to the Property Code
  apply only to a complaint filed with the Texas Workforce Commission
  on or after the effective date of this Act. A complaint filed
  before that date is governed by the law as it existed immediately
  before the effective date of this Act, and that law is continued in
  effect for that purpose.
         SECTION 31.  This Act takes effect September 1, 2023.