Bill Text: TX HB2069 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the prevention of discrimination based on sexual orientation or gender identity.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2021-03-15 - Referred to State Affairs [HB2069 Detail]

Download: Texas-2021-HB2069-Introduced.html
 
 
  By: Coleman H.B. No. 2069
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the prevention of discrimination based on sexual
  orientation or gender identity.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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, or 28.08, 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 preference, or gender identity or expression 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 person's actual or perceived sex.
               (2)  "Sexual [, "sexual] preference" has the following
  meaning only: a preference for heterosexuality, homosexuality, or
  bisexuality.
         SECTION 2.  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 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 a person's
  having, or being perceived as having, a 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 assigned sex at birth.
               (2)  "Sexual orientation" means heterosexuality,
  homosexuality, or bisexuality.
         (b)  A school district or employee of a school district may
  not:
               (1)  discriminate against or harass an employee of the
  district 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 an employee of the district 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 of 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
  training provided under Section 37.083.
         (e)  In accordance with rules adopted by the commissioner,
  each school district shall report annually to the agency
  information regarding each incident of alleged discrimination or
  harassment that occurred in the district during the preceding year.
  The agency shall include the information in the comprehensive
  annual report required by Section 39.182.
         SECTION 4.  Section 2.001(a), Family Code, is amended to
  read as follows:
         (a)  A man and a woman, a man and a man, or a woman and a woman
  desiring to enter into a ceremonial marriage must obtain a marriage
  license from the county clerk of any county of this state.
         SECTION 5.  Section 2.401(a), Family Code, is amended to
  read as follows:
         (a)  In a judicial, administrative, or other proceeding, the
  marriage of a man and woman, a man and a man, or a woman and a woman
  may be proved by evidence that:
               (1)  a declaration of their marriage has been signed as
  provided by this subchapter; or
               (2)  the man and woman, man and man, or woman and woman
  agreed to be married and after the agreement they lived together in
  this state as spouses [husband and wife] and there represented to
  others that they were married.
         SECTION 6.  Section 2.402(b), Family Code, is amended to
  read as follows:
         (b)  The declaration form must contain:
               (1)  a heading entitled "Declaration and Registration
  of Informal Marriage, _______________ County, Texas";
               (2)  spaces for each party's full name, including the
  [woman's] maiden surname for a woman, address, date of birth, place
  of birth, including city, county, and state, and social security
  number, if any;
               (3)  a space for indicating the type of document
  tendered by each party as proof of age and identity;
               (4)  printed boxes for each party to check "true" or
  "false" in response to the following statement: "The other party is
  not related to me as:
                     (A)  an ancestor or descendant, by blood or
  adoption;
                     (B)  a brother or sister, of the whole or half
  blood or by adoption;
                     (C)  a parent's brother or sister, of the whole or
  half blood or by adoption;
                     (D)  a son or daughter of a brother or sister, of
  the whole or half blood or by adoption;
                     (E)  a current or former stepchild or stepparent;
  or
                     (F)  a son or daughter of a parent's brother or
  sister, of the whole or half blood or by adoption.";
               (5)  a printed declaration and oath reading: "I
  SOLEMNLY SWEAR (OR AFFIRM) THAT WE, THE UNDERSIGNED, ARE MARRIED TO
  EACH OTHER BY VIRTUE OF THE FOLLOWING FACTS: ON OR ABOUT (DATE) WE
  AGREED TO BE MARRIED, AND AFTER THAT DATE WE LIVED TOGETHER AS
  SPOUSES [HUSBAND AND WIFE] AND IN THIS STATE WE REPRESENTED TO
  OTHERS THAT WE WERE MARRIED. SINCE THE DATE OF MARRIAGE TO THE
  OTHER PARTY I HAVE NOT BEEN MARRIED TO ANY OTHER PERSON. THIS
  DECLARATION IS TRUE AND THE INFORMATION IN IT WHICH I HAVE GIVEN IS
  CORRECT.";
               (6)  spaces immediately below the printed declaration
  and oath for the parties' signatures; and
               (7)  a certificate of the county clerk that the parties
  made the declaration and oath and the place and date it was made.
         SECTION 4.  Section 3.401(5), Family Code, is amended to
  read as follows:
               (5)  "Spouse" means a party to a marriage [husband, who
  is a man, or a wife, who is a woman. A member of a civil union or
  similar relationship entered into in another state between persons
  of the same sex is not a spouse].
         SECTION 7.  Section 6.202(b), Family Code, is amended to
  read as follows:
         (b)  The later marriage that is void under this section
  becomes valid when the prior marriage is dissolved if, after the
  date of the dissolution, the parties have lived together as spouses
  [husband and wife] and represented themselves to others as being
  married.
         SECTION 8.  Section 6.704, Family Code, is amended to read as
  follows:
         Sec. 6.704.  TESTIMONY OF SPOUSE [HUSBAND OR WIFE]. (a) In
  a suit for dissolution of a marriage, each spouse is a [the husband
  and wife are] competent witness [witnesses] for and against the
  [each] other spouse. A spouse may not be compelled to testify as to
  a matter that will incriminate the spouse.
         (b)  If a spouse [the husband or wife] testifies, the court
  or jury trying the case shall determine the credibility of the
  witness and the weight to be given the witness's testimony.
         SECTION 9.  Subchapter B, Chapter 45, Family Code, is
  amended by adding Section 45.108 to read as follows:
         Sec. 45.108.  CHANGE OF NAME AND VITAL STATISTICS
  INFORMATION. (a) Subject to the eligibility requirements for a
  name change under Section 45.103, a court shall order a change of
  name under this subchapter for a petitioner whose petition is
  accompanied by a sworn affidavit of a licensed physician stating
  the petitioner identifies as a gender other than the gender
  indicated on the petitioner's driver's license, birth certificate,
  or other official document.
         (b)  A court that orders a change of name for a petitioner
  under this section shall simultaneously order:
               (1)  the Department of Public Safety, as soon as
  practicable, to change the petitioner's name and gender on the
  petitioner's driver's license and other identification documents
  under the department's control; and
               (2)  the vital statistics unit of the Department of
  State Health Services, on receipt of a licensed physician's sworn
  affidavit that the petitioner identifies as a gender other than the
  gender indicated on the petitioner's birth certificate, to amend
  the petitioner's birth certificate in the manner provided by
  Section 192.011, Health and Safety Code, to reflect the
  petitioner's true gender.
         (c)  This section may not be construed to require a surgical
  procedure as a prerequisite for a court order under Subsection (a)
  or (b).
         SECTION 10.  Section 163.002, Health and Safety Code, is
  amended to read as follows:
         Sec. 163.002.  INSTRUCTIONAL ELEMENTS. Course materials and
  instruction relating to sexual education or sexually transmitted
  diseases should include:
               (1)  an emphasis on sexual abstinence as the only
  completely reliable method of avoiding unwanted teenage pregnancy
  and sexually transmitted diseases;
               (2)  an emphasis on the importance of self-control,
  responsibility, and ethical conduct in making decisions relating to
  sexual behavior;
               (3)  statistics, based on the latest medical
  information, that indicate the efficacy of the various forms of
  contraception;
               (4)  information concerning the laws relating to the
  financial responsibilities associated with pregnancy, childbirth,
  and child rearing;
               (5)  information concerning the laws prohibiting
  sexual abuse and the legal and counseling options available to
  victims of sexual abuse;
               (6)  information on how to cope with and rebuff
  unwanted physical and verbal sexual advances, as well as the
  importance of avoiding the sexual exploitation of other persons;
               (7)  psychologically sound methods of resisting
  unwanted peer pressure; and
               (8)  emphasis, provided in a factual manner and from a
  public health perspective, that homosexuality is not a lifestyle
  acceptable to the general public [and that homosexual conduct is a
  criminal offense under Section 21.06, Penal Code].
         SECTION 11.  Section 21.11(b), Penal Code, is amended to
  read as follows:
         (b)  It is an affirmative defense to prosecution under this
  section that the actor:
               (1)  was not more than three years older than the victim
  [and of the opposite sex];
               (2)  did not use duress, force, or a threat against the
  victim at the time of the offense; and
               (3)  at the time of the offense:
                     (A)  was not required under Chapter 62, Code of
  Criminal Procedure, to register for life as a sex offender; or
                     (B)  was not a person who under Chapter 62 had a
  reportable conviction or adjudication for an offense under this
  section.
         SECTION 12.  The following laws are repealed:
               (1)  Section 2.001(b), Family Code;
               (2)  Section 6.204, Family Code;
               (3)  Sections 810.001(g), (h), and (i), Government
  Code;
               (4)  Section 85.007(b)(2), Health and Safety Code; and
               (5)  Section 21.06, Penal Code, is repealed.
         SECTION 13.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 14.  (a)  Each school district shall submit to the
  Texas Education Agency information as required under Section
  11.172(e), Education Code, as added by this Act, beginning with the
  2022-2023 school year based on incidents of discrimination or
  harassment during the 2021-2022 school year.
         (b)  The Texas Education Agency shall include the
  information required under Section 11.172(e), Education Code, as
  added by this Act, in the comprehensive annual report required by
  Section 39.182, Education Code, beginning with the report required
  to be submitted not later than December 1, 2022.
         SECTION 15.  This Act applies beginning with the 2021-2022
  school year.
         SECTION 16.  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect September 1, 2021.
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