Text of TX HB 900 (2007)

80R4504 CAE-D By: Villarreal H.B. No. 900 A BILL TO BE ENTITLED AN ACT relating to the prohibition of certain discrimination based on sexual orientation or gender identity or expression. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. This Act may be cited as the "Freedom from Workplace and Housing Discrimination Act." SECTION 2. Title 4, Civil Practice and Remedies Code, is amended by adding Chapter 94 to read as follows: CHAPTER 94. LIABILITY ARISING FROM DISCRIMINATION SUBCHAPTER A. GENERAL PROVISIONS Sec. 94.001. 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) "Dwelling" means: (A) any building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residency by one or more families; or (B) any vacant land that is offered for sale or lease for the construction or location of a building, structure, or part of a building or structure described by Paragraph (A). (4) "Employer" means a person that employs 15 or more employees. The term includes an agent designated by an employer. (5) "Gender identity or expression" means having or being perceived as having gender-related identity, appearance, expression, or behavior, whether or not that identity, appearance, expression, or behavior is different from that commonly associated with the person's actual or perceived sex. (6) "Labor organization" means a labor organization engaged in an industry affecting commerce that has 15 or more members. The term includes: (A) an organization, an agency, or an employee representation committee, group, association, or plan engaged in an industry affecting commerce in which employees participate and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment; (B) a conference, general committee, joint or system board, or joint council that is subordinate to a national or international labor organization; and (C) an agent of a labor organization. (7) "Person" means an individual, corporation, association, partnership, organization, or other public or private legal entity. (8) "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. (9) "Sexual orientation" means: (A) having a preference for heterosexuality, homosexuality, or bisexuality; (B) having a history of such a preference; or (C) being identified or perceived as having such a preference. [Sections 94.002-94.050 reserved for expansion] SUBCHAPTER B. EMPLOYMENT DISCRIMINATION PROHIBITED Sec. 94.051. EMPLOYER. An employer commits a discriminatory practice and a violation of this chapter if the employer, because of the sexual orientation or gender identity or expression of an individual: (1) refuses to hire or employ the individual; (2) bars or discharges the individual from employment; or (3) otherwise discriminates against the individual in compensation or other terms, conditions, or privileges of employment. Sec. 94.052. EMPLOYMENT AGENCY. An employment agency commits a discriminatory practice and a violation of this chapter if the employment agency, because of the sexual orientation or gender identity or expression of an applicant for employment through the agency: (1) fails or refuses to classify the applicant properly; (2) fails or refuses to refer the applicant for positions of employment; or (3) otherwise discriminates against the applicant. Sec. 94.053. LABOR ORGANIZATION. A labor organization commits a discriminatory practice and a violation of this chapter if the labor organization, because of the sexual orientation or gender identity or expression of an individual: (1) excludes the individual from full membership rights; (2) expels the individual from its membership; or (3) otherwise discriminates against: (A) a member of the organization; (B) an employer; or (C) an individual employed by an employer. Sec. 94.054. EMPLOYMENT ADVERTISEMENTS. A person commits a discriminatory practice and a violation of this chapter if the person advertises employment opportunities in a manner designed to restrict the employment in a manner that discriminates against individuals solely because of sexual orientation or gender identity or expression. [Sections 94.055-94.100 reserved for expansion] SUBCHAPTER C. DISCRIMINATION IN PUBLIC ACCOMMODATIONS PROHIBITED Sec. 94.101. PUBLIC ACCOMMODATIONS. A person commits a discriminatory practice and a violation of 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 accommodations 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, segregates, or separates based on sexual orientation or gender identity or expression. [Sections 94.102-94.150 reserved for expansion] SUBCHAPTER D. HOUSING DISCRIMINATION PROHIBITED Sec. 94.151. REFUSAL TO SELL OR RENT. A person commits a discriminatory practice and a violation of this chapter if the person, because of the sexual orientation or gender identity or expression of an individual: (1) refuses to sell or rent a dwelling to the individual after the making of a bona fide offer by the individual; (2) refuses to negotiate for the sale or rental of a dwelling to the individual; (3) refuses to make available or otherwise denies a dwelling to the individual; or (4) discriminates against the individual in the terms, conditions, or privileges of the sale or rental of a dwelling, or the provision of services or facilities in connection with such a sale or rental. Sec. 94.152. REAL ESTATE-RELATED TRANSACTIONS. A person who engages in real estate-related transactions commits a discriminatory practice and a violation of this chapter if, because of the sexual orientation or gender identity or expression of an individual, the person discriminates against the individual in making available such a transaction. Sec. 94.153. REAL ESTATE SERVICES AND ORGANIZATION. A person who engages in real estate-related transactions commits a discriminatory practice and a violation of this chapter if, because of the sexual orientation or gender identity or expression of an individual, the person: (1) denies the individual access to or membership or participation in any multiple-listing service, real estate brokers organization, or other service, organization, or facility relating to the business of selling or renting dwellings; or (2) discriminates against the individual in the terms or conditions of the access, membership, or participation described by Subdivision (1) of this section. Sec. 94.154. COERCION. A person commits a discriminatory practice and a violation of this chapter if: (1) because of the sexual orientation or gender identity or expression of an individual, the person coerces, intimidates, threatens, or interferes with the individual in the exercise or enjoyment of a right granted or protected by this subchapter; or (2) the person coerces, intimidates, threatens, or interferes with an individual because the individual has exercised or enjoyed, or aided or encouraged any other person in the exercise or enjoyment of, a right granted or protected by this subchapter. Sec. 94.155. PUBLICATIONS. A person commits a discriminatory practice and a violation of this chapter if the person makes, prints, or publishes, or causes to be made, printed, or published, any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on sexual orientation or gender identity or expression, or an intention to make such a preference, limitation, or discrimination. Sec. 94.156. STEERING PROHIBITED. (a) A person commits a discriminatory practice and a violation of this chapter if the person, because of the sexual orientation or gender identity or expression of an individual, represents to the individual that a dwelling is not available for inspection, sale, or rental if the dwelling is in fact available. (b) A person violates this section if the person restricts or attempts to restrict the choices offered to any buyer or renter, including potential buyers or renters, because of the sexual orientation or gender identity or expression of the buyer or renter. Sec. 94.157. ENTRY INTO NEIGHBORHOOD. A person commits a discriminatory practice and a violation of this chapter if the person, for profit, induces or attempts to induce any person to sell or rent a dwelling by representations regarding the entry or prospective entry into the neighborhood in which the dwelling is located of an individual of a particular sexual orientation or gender identity or expression. Sec. 94.158. EXEMPTIONS. (a) This subchapter does not apply to: (1) the rental of a room or rooms in a dwelling if the owner actually maintains and occupies part of the living quarters of the dwelling as the owner's residence; or (2) a unit in a dwelling containing living quarters occupied or intended to be occupied by not more than four families living independently of each other, if the owner actually maintains and occupies one of the units as the owner's residence. (b) This subchapter does not limit or affect the applicability of any reasonable state statute or municipal ordinance that restricts the maximum number of persons permitted to occupy a dwelling. (c) This subchapter does not prohibit a person engaged in the business of furnishing appraisals of real property from considering factors other than sexual orientation or gender identity or expression in making the appraisal. [Sections 94.159-94.200 reserved for expansion] SUBCHAPTER E. EXEMPTIONS Sec. 94.201. RELIGIOUS ORGANIZATION. (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, 2007. [Sections 94.202-94.250 reserved for expansion] SUBCHAPTER F. CAUSE OF ACTION Sec. 94.251. CIVIL ACTION. An aggrieved person may file a civil action in district court not later than the second year after the occurrence of the termination of an alleged discriminatory practice under this chapter to obtain appropriate relief with respect to the discriminatory practice. Sec. 94.252. 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) subject to Section 94.253, 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. Sec. 94.253. EFFECT OF RELIEF GRANTED. Relief granted under this subchapter does not affect a contract, sale, encumbrance, or lease that: (1) was consummated before the granting of the relief; and (2) involved a bona fide purchaser, encumbrancer, or tenant who did not have actual notice of the filing of a civil action under this subchapter. SECTION 3. This Act takes effect September 1, 2007.