HB715 - Relating to the prohibition of certain discrimination based on sexual orientation or gender identity; providing an administrative penalty.

  89R3457 KSD-F     By: Bernal H.B. No. 715       A BILL TO BE ENTITLED   AN ACT   relating to the prohibition of certain discrimination based on   sexual orientation or gender identity; 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" 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.                 (4)     "Public accommodation" means a business or other   entity that offers to the public food, shelter, recreation or   amusement, or any other goods, 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 an individual's actual   or perceived heterosexuality, bisexuality, or homosexuality.           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 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.           (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, 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.   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.   (a) In this section:                 (1)     "Employee" means an individual who is employed by   a contractor or subcontractor for compensation.                 (2)     "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.                 (3)     "Sexual orientation" means an individual's actual   or perceived heterosexuality, bisexuality, or homosexuality.           (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:                 (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" 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.                 (13-a)     "Sexual orientation" means an individual's   actual or perceived heterosexuality, bisexuality, or   homosexuality.          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 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                (2)  classifies or refers an individual for employment   on the basis of race, color, disability, religion, sex, national &#x [Text truncated for display. Full text available on Congress.gov.]