89R4143 KSD-F     By: Reynolds H.B. No. 1111       A BILL TO BE ENTITLED   AN ACT   relating to the prohibition of certain discrimination based on   sexual orientation or gender identity or expression; 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 or expression" means having or   being perceived as having a gender-related identity, appearance,   expression, or behavior, regardless of whether that identity,   appearance, expression, or behavior is different from that commonly   associated with the individual's actual or perceived sex.                (4)  "Public accommodation" means a business or other   entity that offers to the public food, shelter, recreation or   amusement, or any other good, 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 the actual or perceived   status of an individual with respect to the individual's sexuality.          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 or expression 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 or expression.          (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 or expression,   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 or expression.   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 OR   EXPRESSION. (a) In this section:                (1)  "Employee" means an individual who is employed by   a contractor or subcontractor for compensation.                (2)  "Gender identity or expression" means having or   being perceived as having a gender-related identity, appearance,   expression, or behavior, regardless of whether that identity,   appearance, expression, or behavior is different from that commonly   associated with the individual's actual or perceived sex.                (3)  "Sexual orientation" means the actual or perceived   status of an individual with respect to the individual's sexuality.          (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 or   expression:                (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 or expression" means having or   being perceived as having a gender-related identity, appearance,   expression, or behavior, regardless of whether that identity,   appearance, expression, or behavior is different from that commonly   associated with the individual's actual or perceived sex.                (13-a)  "Sexual orientation" means the actual or   perceived status of an individual with respect to the individual's   sexuality.          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 expression 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 expression; 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   expression.          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 expression 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 expression 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 expression; 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 expression.          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 expression.          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 expression 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 expression:                      (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 expression 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 expression.          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 expression   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 or expression.          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   EXPRESSION 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   expression 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 expression 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 expression   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 expression.          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 expression 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 or expression" means having or   being perceived as having a gender-related identity, appearance,   expression, or behavior, regardless of whether that identity,   appearance, expression, or behavior is different from that commonly   associated with the individual's actual or perceived sex.                (10-a)  "Sexual orientation" means the actual or   perceived status of an individual with respect to the individual's   sexuality.          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   expression.          (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 expression.          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 expression.          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 expression 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 expression.          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 expression.          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 expression.          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 expression.          (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 expression.          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 expression; 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 expression 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   expression, 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 expression, 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.