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A BILL TO BE ENTITLED
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AN ACT
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relating to preventing discrimination in membership in a |
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professional or trade association. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is |
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amended by adding Chapter 121 to read as follows: |
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CHAPTER 121. DISCRIMINATION BY PROFESSIONAL OR TRADE ASSOCIATION |
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PROHIBITED |
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Sec. 121.001. DENIAL OF MEMBERSHIP OR SERVICES. (a) A |
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professional or trade association may not deny a person access to or |
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membership or participation in the association because of race, |
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color, religion, sex, disability, familial status, or national |
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origin or because of the person's exercise of the person's freedom |
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of speech or assembly, notwithstanding any provision of the |
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association's bylaws. |
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(b) Notwithstanding Subsection (a), a professional or trade |
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association may deny a person access to or membership or |
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participation in the association because the person has engaged in |
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speech that: |
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(1) directly incites criminal activity; |
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(2) constitutes a specific threat of violence against |
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a person because of the person's race, color, disability status, |
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religion, familial status, national origin or ancestry, age, sex, |
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or status as a peace officer or judge; or |
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(3) otherwise constitutes unlawful speech. |
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(c) This chapter does not apply to a professional or trade |
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association whose membership or participation in the association is |
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exclusively based on race, color, religion, sex, disability, |
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familial status, or national origin. |
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Sec. 121.002. PRIVATE CAUSE OF ACTION. (a) A person |
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aggrieved by a violation of Section 121.001 may bring an action |
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against the professional or trade association for injunctive relief |
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or damages. |
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(b) The court may award court costs and reasonable |
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attorney's fees to the prevailing party in an action brought under |
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this section. |
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SECTION 2. This Act takes effect September 1, 2025. |