Bernal Bill Adds Sexual Orientation, Gender Identity To Discrimination Law

The text as introduced · 4,032 words

89R3457 KSD-F

By: Bernal
H.B. No. 715

A BILL TO BE ENTITLED

AN ACT

relating to the prohibition of certain discrimination based on

sexual orientation or gender identity; providing an administrative

penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Title 4, Civil Practice and Remedies Code, is

amended by adding Chapter 100B to read as follows:

CHAPTER 100B. LIABILITY ARISING FROM DISCRIMINATION

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 100B.001. DEFINITIONS. In this chapter:

(1) "Aggrieved person" includes any person who:

(A) claims to have been injured by a

discriminatory practice; or

(B) believes that he or she will be injured by a

discriminatory practice that is about to occur.

(2) "Discriminatory practice" means an act prohibited

by this chapter.

(3) "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.

(4) "Public accommodation" means a business or other

entity that offers to the public food, shelter, recreation or

amusement, or any other goods, service, privilege, facility, or

accommodation.

(5) "Religious organization" means:

(A) a religious corporation, association, or

society; or

(B) a school, institution of higher education, or

other educational institution, not otherwise a religious

organization, that:

(i) is wholly or substantially controlled,

managed, owned, or supported by a religious organization; or

(ii) has a curriculum directed toward the

propagation of a particular religion.

(6) "Sexual orientation" means an individual's actual

or perceived heterosexuality, bisexuality, or homosexuality.

Sec. 100B.002. APPLICABILITY OF CHAPTER. (a) Except as

provided by Subsection (b), this chapter does not apply to a

religious organization.

(b) This chapter applies to activities conducted by a

religious organization for profit to the extent that those

activities are subject to federal taxation under Section 511(a),

Internal Revenue Code of 1986, as that section existed on September

1, 2025.

SUBCHAPTER B. DISCRIMINATION IN PUBLIC ACCOMMODATIONS PROHIBITED

Sec. 100B.051. PUBLIC ACCOMMODATIONS. (a) Except as

provided by Subsection (b), a person engages in a discriminatory

practice and violates this chapter if the person, because of the

sexual orientation or gender identity of an individual:

(1) denies that individual full and equal

accommodation in any place of public accommodation in this state,

subject only to the conditions and limitations established by law

and applicable to all persons; or

(2) otherwise discriminates against or segregates or

separates the individual based on sexual orientation or gender

identity.

(b) A person does not engage in a discriminatory practice or

violate this chapter under Subsection (a) if segregation or

separation of an individual is necessary to provide a service that:

(1) provides acceptance, support, and understanding

to the individual;

(2) assists the individual with coping with the

individual's sexual orientation or gender identity, maintaining

social support, and exploring and identifying the individual's

identity; or

(3) provides support to an individual undergoing a

gender transition.

(c) The services described by Subsection (b)(2) include a

sexual orientation-neutral intervention for preventing or

addressing unlawful conduct or unsafe sexual practices if the

intervention does not seek to change the individual's sexual

orientation or gender identity.

SUBCHAPTER C. CAUSE OF ACTION

Sec. 100B.101. CIVIL ACTION. An aggrieved person may file a

civil action in district court not later than the second

anniversary of the occurrence of the termination of an alleged

discriminatory practice under this chapter to obtain appropriate

relief with respect to the discriminatory practice.

Sec. 100B.102. RELIEF GRANTED. In an action under this

subchapter, if the court finds that a discriminatory practice has

occurred or is about to occur, the court may award to the plaintiff:

(1) actual and punitive damages;

(2) reasonable attorney's fees;

(3) court costs; and

(4) any permanent or temporary injunction, temporary

restraining order, or other order, including an order enjoining the

defendant from engaging in the practice or ordering other

appropriate action.

SECTION 2. Subchapter A, Chapter 2155, Government Code, is

amended by adding Section 2155.0065 to read as follows:

Sec. 2155.0065. PROHIBITION AGAINST DISCRIMINATION BY

STATE CONTRACTOR BASED ON SEXUAL ORIENTATION OR GENDER IDENTITY.

(a) In this section:

(1) "Employee" means an individual who is employed by

a contractor or subcontractor for compensation.

(2) "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.

(3) "Sexual orientation" means an individual's actual

or perceived heterosexuality, bisexuality, or homosexuality.

(b) A state agency contracting with a contractor under this

subtitle shall require the contractor to adopt and apply an

employment policy under which the contractor and any subcontractor

may not, because of sexual orientation or gender identity:

(1) fail or refuse to hire an individual, discharge an

individual, or discriminate in any other manner against an

individual in connection with compensation or the terms,

conditions, or privileges of employment; or

(2) limit, segregate, or classify 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.

(c) Each contract entered into between a state agency and a

contractor under this subtitle must include terms that:

(1) authorize an employee of a contractor or

subcontractor, or an applicant for employment with the contractor

or subcontractor, to make a verbal or written complaint to the state

agency regarding the contractor's or subcontractor's noncompliance

with an employment policy required by Subsection (b);

(2) explain that, on confirmation of a contractor's or

subcontractor's noncompliance with an employment policy required

by Subsection (b) that is the subject of a complaint, the state

agency shall provide to the contractor written notice of the

noncompliance by hand delivery or certified mail;

(3) inform a contractor that the state agency may

impose an administrative penalty if the contractor fails to comply

with an employment policy required by Subsection (b) after the date

on which the contractor receives notice under Subdivision (2); and

(4) explain that an amount equal to the amount of the

administrative penalty may be withheld from a payment otherwise

owed to a contractor under a contract.

(d) The amount of an administrative penalty imposed under

Subsection (c)(3) is $100 per day for each employee or applicant for

employment who is discriminated against in violation of an

employment policy required by Subsection (b).

(e) Each state agency shall develop procedures for the

administration of this section.

SECTION 3. Section 21.002, Labor Code, is amended by adding

Subdivisions (9-a) 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.

(13-a) "Sexual orientation" means an individual's

actual or perceived heterosexuality, bisexuality, or

homosexuality.

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 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

(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 .

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 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 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 ; 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 .

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 .

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 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 :

(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 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 .

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 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. 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 .

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 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 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 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 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 .

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 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) 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.

(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 .

(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 .

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 .

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 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 .

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 .

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 .

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 .

(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 .

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; 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 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, 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, in an activity, service,

organization, or facility described by Subdivision (1).

SECTION 30. (a) Section 2155.0065, Government Code, as

added by this Act, applies only to a contract for which a state

agency first advertises or otherwise solicits bids, proposals,

offers, qualifications, or other similar expressions of interest on

or after the effective date of this Act.

(b) The changes in law made by this Act to 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.

(c) 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, 2025.