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A BILL TO BE ENTITLED
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AN ACT
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relating to the prohibition of certain discrimination based on |
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sexual orientation or gender identity or expression. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the "Freedom from |
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Workplace and Housing Discrimination Act." |
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SECTION 2. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 94 to read as follows: |
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CHAPTER 94. LIABILITY ARISING FROM DISCRIMINATION |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 94.001. DEFINITIONS. In this chapter: |
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(1) "Aggrieved person" includes any person who: |
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(A) claims to have been injured by a |
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discriminatory practice; or |
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(B) believes that he or she will be injured by a |
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discriminatory practice that is about to occur. |
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(2) "Discriminatory practice" means an act prohibited |
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by this chapter. |
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(3) "Dwelling" means: |
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(A) any building, structure, or part of a |
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building or structure that is occupied as, or designed or intended |
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for occupancy as, a residency by one or more families; or |
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(B) any vacant land that is offered for sale or |
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lease for the construction or location of a building, structure, or |
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part of a building or structure described by Paragraph (A). |
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(4) "Employer" means a person that employs 15 or more |
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employees. The term includes an agent designated by an employer. |
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(5) "Gender identity or expression" means having or |
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being perceived as having gender-related identity, appearance, |
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expression, or behavior, whether or not that identity, appearance, |
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expression, or behavior is different from that commonly associated |
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with the person's actual or perceived sex. |
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(6) "Labor organization" means a labor organization |
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engaged in an industry affecting commerce that has 15 or more |
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members. The term includes: |
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(A) an organization, an agency, or an employee |
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representation committee, group, association, or plan engaged in an |
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industry affecting commerce in which employees participate and that |
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exists for the purpose, in whole or in part, of dealing with |
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employers concerning grievances, labor disputes, wages, rates of |
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pay, hours, or other terms or conditions of employment; |
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(B) a conference, general committee, joint or |
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system board, or joint council that is subordinate to a national or |
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international labor organization; and |
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(C) an agent of a labor organization. |
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(7) "Person" means an individual, corporation, |
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association, partnership, organization, or other public or private |
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legal entity. |
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(8) "Religious organization" means: |
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(A) a religious corporation, association, or |
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society; or |
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(B) a school, institution of higher education, or |
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other educational institution, not otherwise a religious |
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organization, that: |
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(i) is wholly or substantially controlled, |
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managed, owned, or supported by a religious organization; or |
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(ii) has a curriculum directed toward the |
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propagation of a particular religion. |
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(9) "Sexual orientation" means: |
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(A) having a preference for heterosexuality, |
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homosexuality, or bisexuality; |
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(B) having a history of such a preference; or |
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(C) being identified or perceived as having such |
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a preference. |
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[Sections 94.002-94.050 reserved for expansion] |
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SUBCHAPTER B. EMPLOYMENT DISCRIMINATION PROHIBITED |
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Sec. 94.051. EMPLOYER. An employer commits a |
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discriminatory practice and a violation of this chapter if the |
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employer, because of the sexual orientation or gender identity or |
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expression of an individual: |
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(1) refuses to hire or employ the individual; |
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(2) bars or discharges the individual from employment; |
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or |
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(3) otherwise discriminates against the individual in |
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compensation or other terms, conditions, or privileges of |
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employment. |
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Sec. 94.052. EMPLOYMENT AGENCY. An employment agency |
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commits a discriminatory practice and a violation of this chapter |
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if the employment agency, because of the sexual orientation or |
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gender identity or expression of an applicant for employment |
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through the agency: |
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(1) fails or refuses to classify the applicant |
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properly; |
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(2) fails or refuses to refer the applicant for |
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positions of employment; or |
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(3) otherwise discriminates against the applicant. |
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Sec. 94.053. LABOR ORGANIZATION. A labor organization |
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commits a discriminatory practice and a violation of this chapter |
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if the labor organization, because of the sexual orientation or |
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gender identity or expression of an individual: |
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(1) excludes the individual from full membership |
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rights; |
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(2) expels the individual from its membership; or |
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(3) otherwise discriminates against: |
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(A) a member of the organization; |
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(B) an employer; or |
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(C) an individual employed by an employer. |
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Sec. 94.054. EMPLOYMENT ADVERTISEMENTS. A person commits |
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a discriminatory practice and a violation of this chapter if the |
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person advertises employment opportunities in a manner designed to |
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restrict the employment in a manner that discriminates against |
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individuals solely because of sexual orientation or gender identity |
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or expression. |
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[Sections 94.055-94.100 reserved for expansion] |
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SUBCHAPTER C. DISCRIMINATION IN PUBLIC ACCOMMODATIONS PROHIBITED |
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Sec. 94.101. PUBLIC ACCOMMODATIONS. A person commits a |
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discriminatory practice and a violation of this chapter if the |
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person, because of the sexual orientation or gender identity or |
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expression of an individual: |
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(1) denies that individual full and equal |
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accommodations in any place of public accommodation in this state, |
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subject only to the conditions and limitations established by law |
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and applicable to all persons; or |
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(2) otherwise discriminates, segregates, or separates |
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based on sexual orientation or gender identity or expression. |
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[Sections 94.102-94.150 reserved for expansion] |
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SUBCHAPTER D. HOUSING DISCRIMINATION PROHIBITED |
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Sec. 94.151. REFUSAL TO SELL OR RENT. A person commits a |
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discriminatory practice and a violation of this chapter if the |
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person, because of the sexual orientation or gender identity or |
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expression of an individual: |
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(1) refuses to sell or rent a dwelling to the |
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individual after the making of a bona fide offer by the individual; |
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(2) refuses to negotiate for the sale or rental of a |
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dwelling to the individual; |
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(3) refuses to make available or otherwise denies a |
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dwelling to the individual; or |
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(4) discriminates against the individual in the terms, |
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conditions, or privileges of the sale or rental of a dwelling, or |
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the provision of services or facilities in connection with such a |
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sale or rental. |
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Sec. 94.152. REAL ESTATE-RELATED TRANSACTIONS. A person |
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who engages in real estate-related transactions commits a |
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discriminatory practice and a violation of this chapter if, because |
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of the sexual orientation or gender identity or expression of an |
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individual, the person discriminates against the individual in |
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making available such a transaction. |
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Sec. 94.153. REAL ESTATE SERVICES AND ORGANIZATION. A |
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person who engages in real estate-related transactions commits a |
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discriminatory practice and a violation of this chapter if, because |
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of the sexual orientation or gender identity or expression of an |
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individual, the person: |
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(1) denies the individual access to or membership or |
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participation in any multiple-listing service, real estate brokers |
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organization, or other service, organization, or facility relating |
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to the business of selling or renting dwellings; or |
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(2) discriminates against the individual in the terms |
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or conditions of the access, membership, or participation described |
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by Subdivision (1) of this section. |
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Sec. 94.154. COERCION. A person commits a discriminatory |
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practice and a violation of this chapter if: |
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(1) because of the sexual orientation or gender |
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identity or expression of an individual, the person coerces, |
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intimidates, threatens, or interferes with the individual in the |
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exercise or enjoyment of a right granted or protected by this |
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subchapter; or |
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(2) the person coerces, intimidates, threatens, or |
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interferes with an individual because the individual has exercised |
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or enjoyed, or aided or encouraged any other person in the exercise |
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or enjoyment of, a right granted or protected by this subchapter. |
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Sec. 94.155. PUBLICATIONS. A person commits a |
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discriminatory practice and a violation of this chapter if the |
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person makes, prints, or publishes, or causes to be made, printed, |
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or published, any notice, statement, or advertisement with respect |
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to the sale or rental of a dwelling that indicates any preference, |
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limitation, or discrimination based on sexual orientation or gender |
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identity or expression, or an intention to make such a preference, |
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limitation, or discrimination. |
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Sec. 94.156. STEERING PROHIBITED. (a) A person commits a |
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discriminatory practice and a violation of this chapter if the |
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person, because of the sexual orientation or gender identity or |
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expression of an individual, represents to the individual that a |
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dwelling is not available for inspection, sale, or rental if the |
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dwelling is in fact available. |
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(b) A person violates this section if the person restricts |
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or attempts to restrict the choices offered to any buyer or renter, |
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including potential buyers or renters, because of the sexual |
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orientation or gender identity or expression of the buyer or |
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renter. |
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Sec. 94.157. ENTRY INTO NEIGHBORHOOD. A person commits a |
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discriminatory practice and a violation of this chapter if the |
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person, for profit, induces or attempts to induce any person to sell |
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or rent a dwelling by representations regarding the entry or |
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prospective entry into the neighborhood in which the dwelling is |
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located of an individual of a particular sexual orientation or |
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gender identity or expression. |
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Sec. 94.158. EXEMPTIONS. (a) This subchapter does not |
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apply to: |
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(1) the rental of a room or rooms in a dwelling if the |
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owner actually maintains and occupies part of the living quarters |
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of the dwelling as the owner's residence; or |
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(2) a unit in a dwelling containing living quarters |
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occupied or intended to be occupied by not more than four families |
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living independently of each other, if the owner actually maintains |
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and occupies one of the units as the owner's residence. |
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(b) This subchapter does not limit or affect the |
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applicability of any reasonable state statute or municipal |
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ordinance that restricts the maximum number of persons permitted to |
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occupy a dwelling. |
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(c) This subchapter does not prohibit a person engaged in |
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the business of furnishing appraisals of real property from |
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considering factors other than sexual orientation or gender |
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identity or expression in making the appraisal. |
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[Sections 94.159-94.200 reserved for expansion] |
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SUBCHAPTER E. EXEMPTIONS |
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Sec. 94.201. RELIGIOUS ORGANIZATION. (a) Except as |
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provided by Subsection (b), this chapter does not apply to a |
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religious organization. |
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(b) This chapter applies to activities conducted by a |
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religious organization for profit to the extent that those |
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activities are subject to federal taxation under Section 511(a), |
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Internal Revenue Code of 1986, as that section existed on September |
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1, 2007. |
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[Sections 94.202-94.250 reserved for expansion] |
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SUBCHAPTER F. CAUSE OF ACTION |
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Sec. 94.251. CIVIL ACTION. An aggrieved person may file a |
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civil action in district court not later than the second year after |
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the occurrence of the termination of an alleged discriminatory |
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practice under this chapter to obtain appropriate relief with |
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respect to the discriminatory practice. |
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Sec. 94.252. RELIEF GRANTED. In an action under this |
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subchapter, if the court finds that a discriminatory practice has |
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occurred or is about to occur, the court may award to the plaintiff: |
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(1) actual and punitive damages; |
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(2) reasonable attorney's fees; |
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(3) court costs; and |
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(4) subject to Section 94.253, any permanent or |
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temporary injunction, temporary restraining order, or other order, |
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including an order enjoining the defendant from engaging in the |
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practice or ordering other appropriate action. |
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Sec. 94.253. EFFECT OF RELIEF GRANTED. Relief granted |
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under this subchapter does not affect a contract, sale, |
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encumbrance, or lease that: |
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(1) was consummated before the granting of the relief; |
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and |
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(2) involved a bona fide purchaser, encumbrancer, or |
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tenant who did not have actual notice of the filing of a civil |
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action under this subchapter. |
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SECTION 3. This Act takes effect September 1, 2007. |