| |
| |
|
|
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. Title 4, Civil Practice and Remedies Code, is |
|
|
amended by adding Chapter 100E to read as follows: |
|
|
CHAPTER 100E. LIABILITY ARISING FROM DISCRIMINATION |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 100E.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 residence 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) "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. |
|
|
(5) "Public accommodation" means a business or other |
|
|
entity that offers to the general public food, shelter, recreation, |
|
|
or amusement, or any other goods, service, privilege, facility, or |
|
|
accommodation. |
|
|
(6) "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. |
|
|
(7) "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 100E.002-100E.050 reserved for expansion] |
|
|
SUBCHAPTER B. DISCRIMINATION IN PUBLIC ACCOMMODATIONS PROHIBITED |
|
|
Sec. 100E.051. 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 against or segregates or |
|
|
separates the individual based on sexual orientation or gender |
|
|
identity or expression. |
|
|
[Sections 100E.052-100E.100 reserved for expansion] |
|
|
SUBCHAPTER C. HOUSING DISCRIMINATION PROHIBITED |
|
|
Sec. 100E.101. 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. 100E.102. 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. 100E.103. 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). |
|
|
Sec. 100E.104. 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. 100E.105. 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. 100E.106. 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. 100E.107. 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. 100E.108. 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 100E.109-100E.150 reserved for expansion] |
|
|
SUBCHAPTER D. EXEMPTIONS |
|
|
Sec. 100E.151. 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, 2009. |
|
|
[Sections 100E.152-100E.200 reserved for expansion] |
|
|
SUBCHAPTER E. CAUSE OF ACTION |
|
|
Sec. 100E.201. 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. 100E.202. 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 100E.203, 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. 100E.203. 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 2. This Act takes effect September 1, 2009. |