HBA-TYH, BTC H.B. 475 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 475
By: Maxey
State Affairs
4/22/1999
Introduced



BACKGROUND AND PURPOSE 

Presently, Texas law does not protect citizens from discrimination in
employment based on sexual orientation (or perceived sexual orientation).
Texas citizens have reported losing their jobs or being denied employment
because of their sexual orientation.  

This bill prohibits employment discrimination based on sexual orientation
in Texas and the establishment of any preferential treatment or quota
system based on sexual orientation, but does not apply to the provision of
employee benefits.  This bill also exempts religious organizations from
this provision. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Commission on Human Rights in
SECTION 1 (Sec. 23.003, Labor Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subtitle A, Title 2, Labor Code, by adding Chapter 23,
as follows: 

CHAPTER 23.  EMPLOYMENT DISCRIMINATION BASED ON SEXUAL ORIENTATION 

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 23.001.  SHORT TITLE.  Authorizes the chapter to be referred to as the
Texas Employment Nondiscrimination Act. 

Sec. 23.002.  DEFINITIONS.  Defines: 

(1)  "Commission" as the Commission on Human Rights (commission);

(2)  "Covered entity" to include an employer, employment agency, a labor
organization, joint  labor management committee, or another person; 

(3)  "Employer" as (A) a person who is engaged in an industry affecting
commerce and who has 15 or more employees for each working day in each of
20 or more calendar weeks in the current or preceding calendar year; (B) an
agent of a person described by Paragraph (A);  (C) an individual elected to
public office in this state or a political subdivision of this state; or
(D) a county, municipality, state agency, or state instrumentality,
including a public institution of education, regardless of the number of
individuals employed. 

(4)  "Employment agency" as a person or agent of the person who regularly
undertakes, with or without compensation, to procure: (A) employees for an
employer; or (B) the opportunity for employees to work for an employer. 

(5)  "Labor organization"  as a labor organization engaged in an industry
affecting commerce.  The term includes (A) an organization, an agency, or
an employee  representation committee, group, association, or plan engaged
in an industry affecting commerce in which employees participate and that
exists for the purpose, in whole or in part, of dealing with employers
concerning grievances, labor employment; and (B) a conference, general
committee, joint or system board, or joint council that is subordinate to a
national or international labor organization; and an agent of a labor
organization. 

(6)  "Religious organization" as (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 is wholly or
substantially controlled, managed, owned, or supported by  a religious
organization or has a curriculum directed toward the propagation of a
particular religion. 

(7)  "Sexual orientation" as the actual or perceived status of a person
with respect to the person's sexuality. 

Sec. 23.003.  RULES.  Authorizes the commission to adopt rules as necessary
to implement this chapter. 

Sec. 23.004.  NOTICES.  Requires each covered entity to post, in the form
and manner prescribed by commission rule, notices to inform employees,
applicants for employment, and members of the entity of the applicable
provisions of this chapter. 

Sec. 23.005.  EFFECT ON OTHER LAW.  Specifies that this chapter does not
limit or affect the rights, remedies, or procedures available to an
individual claiming discrimination which is prohibited under federal law,
another state law, or an order or ordinance of a political subdivision of
this state. 

Sec. 23.006.  NO DISPARATE IMPACT.  Specifies that the fact that a
particular employment practice has a disparate impact, as used in Section
703 (k), Civil Rights Act of 1964 (42 U.S.C. Section 2000e-2(k)), on the
basis of sexual orientation, does not establish a prima facie violation of
this chapter.   

SUBCHAPTER B.  UNLAWFUL EMPLOYMENT PRACTICES

Sec. 23.021.  DISCRIMINATION PROHIBITED.  Prohibits a covered entity from
subjecting an individual to different standards or treatment based on
sexual orientation; discriminating against an individual based on sexual
orientation of persons with whom the individual is believed to associate or
to have associated; or otherwise discriminating against an individual on
the basis of sexual orientation. 

Sec. 23.022.  RETALIATION AND COERCION PROHIBITED.  Prohibits
discrimination by a covered entity against an individual because the
individual opposes any act or practice prohibited by this chapter, makes or
files a charge, or assists, testifies, or participates in any manner in an
investigation, proceeding, or hearing conducted under this chapter.
Prohibits a covered entity from coercing, intimidating, threatening, or
interfering with an individual in the exercise or enjoyment of, or because
the individual has exercised, enjoyed, assisted, or encouraged the exercise
or enjoyment of, a right granted or protected by this chapter.   

Sec. 23.023.  PROHIBITION OF QUOTAS AND PREFERENTIAL TREATMENT. Prohibits a
covered entity from adopting or implementing a quota or giving preferential
treatment to an individual on the basis of sexual orientation. 

SUBCHAPTER C.  APPLICATION; EXCEPTIONS

Sec. 23.041.  LIABILITY OF GOVERNMENTAL ENTITY.  Establishes that the state
or a political subdivision of the state is liable for a violation of this
chapter and that sovereign immunity is waived and abolished to the extent
of liability that this chapter creates. 

Sec.  23.042.  APPLICATION TO CERTAIN BENEFITS.  Establishes that this
chapter does  not apply to the provision of employee benefits to an
individual for the benefit of the individual's partner. 

Sec. 23.043.  RELIGIOUS ORGANIZATION.  Establishes that this chapter does
not apply to a religious organization except that it does apply to
activities conducted by a religious organization for profit to the extent
that they are subject to federal taxation under Section 511 (a), Internal
Revenue Code of 1986 (26 U.S.C. Section 511 (a)), as that section existed
on September 1, 1999. 

Sec. 23.044.  VETERAN'S  PREFERENCE.  Establishes that this chapter does
not repeal or modify a state or local law that creates a special right or
preference in employment for a veteran of the armed forces of the United
States. 

SUBCHAPTER D.  ENFORCEMENT

Sec. 23.061.  COMMISSION AUTHORITY; ENFORCEMENT; PROCEDURES. Establishes
that the commission has the same authority to administer and enforce this
chapter as it does under Chapter 21, Labor Code (Employment Discrimination)
and that the procedures and remedies for a claim under this chapter are the
same as those brought under Chapter 21. 

Sec. 23.062.  ATTORNEY'S FEES.  Establishes that the prevailing party to an
action brought under this chapter is entitled to attorney's fees pursuant
to Section 21.259, Labor Code (Attorney's Fees; Costs.). 

SECTION 2.Effective date:  September 1, 1999.
            Makes application of this Act prospective.

SECTION 3.   Emergency clause.