HB1164 - Relating to the prohibition of certain discrimination; authorizing civil penalties.

  89R518 SCP-D     By: González of Dallas H.B. No. 1164       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 resol [Text truncated for display. Full text available on Congress.gov.]