HB1601 - Relating to the prohibition, prevention, and remedying of certain discrimination.

  89R4970 AMF-F     By: Rosenthal H.B. No. 1601       A BILL TO BE ENTITLED   AN ACT   relating to the prohibition, prevention, and remedying of certain   discrimination.          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 the person will be injured by a   discriminatory practice about to occur.                 (2)     "Discriminatory practice" means an act prohibited   by this chapter.                 (3)     "Gender identity or expression" means having or   being perceived as having a gender-related identity, appearance,   expression, or behavior, regardless of whether that identity,   appearance, expression, or behavior is different from that commonly   associated with the individual's actual or perceived sex.                 (4)     "Public accommodation" means a business or other   entity offering to the public food, shelter, recreation or   amusement, or any other good, 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 the actual or perceived   status of an individual with respect to the individual's sexuality.           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 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 or expression 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 established by law and applicable to   all persons; or                 (2)     otherwise discriminates against or segregates or   separates the individual in a place of public accommodation in this   state based on sexual orientation or gender identity or expression.           (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 or expression,   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 or expression.   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 a discriminatory practice has   occurred or is about to occur, the court may award to the claimant:                 (1)  actual and exemplary 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.  Articles 42.014(a) and (c), Code of Criminal   Procedure, are amended to read as follows:          (a)  In the trial of an offense under Title 5, Penal Code, or   Section 28.02, 28.03, 28.08, or 42.0601, Penal Code, the judge   shall make an affirmative finding of fact and enter the affirmative   finding in the judgment of the case if at the guilt or innocence   phase of the trial, the judge or the jury, whichever is the trier of   fact, determines beyond a reasonable doubt that the defendant   intentionally selected the person against whom the offense was   committed, or intentionally selected the person's property that was   damaged or affected as a result of the offense, because of the   defendant's bias or prejudice against a group identified by race,   color, disability, religion, national origin or ancestry, age,   gender, [ or ] sexual orientation, or gender identity or expression   [ preference ] or by status as a peace officer or judge.          (c)  In this article :                 (1)     "Gender identity or expression" means having or   being perceived as having a gender-related identity, appearance,   expression, or behavior, regardless of whether that identity,   appearance, expression, or behavior is different from that commonly   associated with the individual's actual or perceived sex.                 (2)     "Sexual orientation"   means the actual or perceived   status of an individual with respect to the individual's   sexuality [ , "sexual preference" has the following meaning only: a   preference for heterosexuality, homosexuality, or bisexuality ].          SECTION 3.  Subchapter D, Chapter 11, Education Code, is   amended by adding Section 11.172 to read as follows:           Sec.   11.172.     DISCRIMINATION, HARASSMENT, AND RETALIATION   PROHIBITED. (a)   In this section:                 (1)     "Gender identity or expression" means having or   being perceived as having a gender-related identity, appearance,   expression, or behavior, regardless of whether that identity,   appearance, expression, or behavior is different from that commonly   associated with the individual's actual or perceived sex.                 (2)     "Sexual orientation" means the actual or perceived   status of an individual with respect to the individual's sexuality.           (b)     A school district or employee of a school district may   not:                 (1)     discriminate against or harass a district employee   or a student enrolled in the district on account of:                       (A)     the actual or perceived ethnicity, color,   gender, gender identity or expression, sexual orientation,   disability, religion, or national origin of the employee, student,   or student's parent; or                       (B)     one or more persons with whom the employee,   student, or student's parent associates; or                 (2)     retaliate against a district employee or a student   enrolled in the district for reporting potential discrimination or   harassment prohibited by Subdivision (1).           (c)  This section applies to conduct that occurs:                 (1)  on school property;                 (2)     while attending a school-sponsored or   school-related activity on or off school property; or                 (3)     in connection with transportation of students in a   vehicle owned or operated by a school district or owned or operated   by another entity under contract with a school district.           (d)     A school district shall provide periodic training to   district employees regarding prevention of discrimination and   harassment prohibited by this section and procedures for responding   to reported or observed incidents of prohibited discrimination or   harassment. The training may be provided in conjunction with any   education provided under Section 37.083.           (e)     In accordance with rules adopted by the commissioner,   each school district shall report biennially to the agency   information regarding each incident of alleged discrimination or   harassment that occurred at each campus in the district during the   preceding two school years. The agency shall include the   information, disaggregated by campus, in the comprehensive   biennial report required by Section 39.332.          SECTION 4.  Section 12.104(b), Education Code, is amended to   read as follows:          (b)  An open-enrollment charter school is subject to:                (1)  a provision of this title establishing a criminal   offense;                (2)  the provisions in Chapter 554, Government Code;   and                (3)  a prohibition, restriction, or requirement, as   applicable, imposed by this title or a rule adopted under this   title, relating to:                      (A)  the Public Education Information Management   System (PEIMS) to the exten [Text truncated for display. Full text available on Congress.gov.]