Menéndez Bill Adds Sexual Orientation, Gender Identity, Veteran Status

The text as introduced · 6,037 words

89R518 SCP-D

By: Menéndez, et al.
S.B. No. 150

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 on or before the 180th day after the date the alleged

discriminatory practice occurred, 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. (a) 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.

(b) If the commission fails to issue notice of the

complainant's right to file a civil action before the 181st day

after the date the commission receives a written request under

Section 101A.152, the complainant may bring a civil action against

the respondent any time within the statute of limitations described

by Section 101A.155.

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, 2025.