HB 715 — Relating to the prohibition of certain discrimination based on sexual orientation or gender identity; providing an administrative penalty.

Summary

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

Bill Text

Compared against the Texas statutes as published AI-generated reading aid — verify against the official bill.

This bill amends 26 section(s) of the Texas statutes: Section 2155.0065, Government Code, Section 21.002, Labor Code, Section 21.051, Labor Code, Section 21.052, Labor Code, Section 21.053, Labor Code, Section 21.054, Labor Code.

• 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.

  amended

• Section 2155.0065, Government Code

  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.

  added

• Section 21.002, Labor Code

  (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.

  amended

• Section 21.051, Labor Code

  or → , sexual orientation, or gender identity

  amended

• Section 21.052, Labor Code

  or or → , sexual orientation, or gender identity , sexual orientation, or gender identity

  amended

• Section 21.053, Labor Code

  or → , sexual orientation, or gender identity

  amended

• Section 21.054, Labor Code

  (a) or → , sexual orientation, or gender identity

  amended

• Section 21.059(a), Labor Code

  or → , sexual orientation, or gender identity

  amended

• Section 21.102(c), Labor Code

  or → , sexual orientation, or gender identity

  amended

• Section 21.112, Labor Code

  or → , sexual orientation, or gender identity

  amended

• Section 21.113, Labor Code

  or or or → , sexual orientation, or gender identity , sexual orientation, or gender identity , sexual orientation, or gender identity

  amended

• Section 21.120(b), Labor Code

  or → , sexual orientation, or gender identity

  amended

• Section 21.122(a), Labor Code

  or → , sexual orientation, or gender identity

  amended

• Section 21.124, Labor Code

  or → , sexual orientation, or gender identity

  amended

• Section 21.125, Labor Code

  OR → , SEXUAL ORIENTATION, OR GENDER IDENTITY

  amended

• Section 21.125(a), Labor Code

  or or → , sexual orientation, or gender identity , sexual orientation, or gender identity

  amended

• Section 21.126, Labor Code

  or → , sexual orientation, or gender identity

  amended

• Section 21.152(a), Labor Code

  or → , sexual orientation, or gender identity

  amended

• Section 21.155(a), Labor Code

  Commission on Human Rights or Commission on Human Rights Commission on Human Rights → commission , sexual orientation, or gender identity commission commission

  amended

• Section 301.003, Property Code

  and does not apply to an individual because of an individual's sexual orientation or because that individual is a transvestite → of (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. (10-a) "Sexual orientation" means an individual's actual or perceived heterosexuality, bisexuality, or homosexuality.

  amended

• or or → , sexual orientation, or gender identity , sexual orientation, or gender identity

  amended

• Section 301.022, Property Code

  or → , sexual orientation, or gender identity

  amended

• Section 301.023, Property Code

  or → , sexual orientation, or gender identity

  amended

• Section 301.024, Property Code

  or → , sexual orientation, or gender identity

  amended

• Section 301.026(a), Property Code

  or → , sexual orientation, or gender identity

  amended

• Section 301.027, Property Code

  or → , sexual orientation, or gender identity

  amended

• or or → , sexual orientation, or gender identity , sexual orientation, or gender identity

  amended

• Section 301.068, Property Code

  The → (a) Subject to Subsection (b), the (b) The commission may not defer proceedings and refer a complaint under Subsection (a) to a municipality in which the alleged discrimination occurred if: (1) the complaint alleges discrimination based on sexual orientation or gender identity; and (2) the municipality does not have laws prohibiting the alleged discrimination.

  amended

• Section 301.171(a), Property Code

  or or or or → , sexual orientation, or gender identity sexual orientation, or gender identity, sexual orientation, or gender identity,

  amended

Action History

1. March 04, 2025

   Referred to State Affairs

2. March 04, 2025

   Read first time

3. November 12, 2024

   Filed

Sponsors

• Diego Bernal · Primary

Subjects