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.