HBA-EDN H.B. 813 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 813 By: Coleman State Affairs 3/23/2001 Introduced BACKGROUND AND PURPOSE In Texas, there is no state law prohibiting discriminatory practices with regard to employment or housing against individuals on the basis of their sexual orientation. Since Texas is an at-will employment state, individuals may be legally dismissed from a job because of their sexual orientation. In addition, fair housing laws do not extend protection to individuals from such discriminatory practices, thereby allowing an individual to be legally denied access to public accommodations or housing because of their sexual orientation. House Bill 813 prohibits these discriminatory practices against individuals on the basis of their sexual orientation. 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 2.02 of this bill. ANALYSIS House Bill 813 prohibits certain discriminatory practices (practice) on the basis of sexual orientation. The bill provides that a person commits a Class B misdemeanor if that person intentionally violates prohibitions of discriminatory practices relating to employers, employment agencies, labor organizations, employment advertisements, public accommodations, the sale or rental of housing, advertisements of the sale or rental, or coercion with the intent to interfere with the rights granted by this bill. The bill provides exemptions for dwellings and units considered to be the owner's residence (SECTIONS 3.01-3.04, 4.01, 5.01- 5.08, and 9.01). The bill requires the Commission on Human Rights (commission) to investigate all complaints and alleged discriminatory practices. H.B. 813 prohibits an aggrieved person from filing a complaint alleging the practice (complaint) later than one year after an alleged practice has occurred or terminated, whichever is later. The bill authorizes the commission to file its own complaint, not later than one year after an alleged practice has occurred or terminated, whichever is later. The bill sets forth procedures for filing a complaint and for the respondent to file an answer to the complaint. The bill requires the commission to complete an investigation of a complaint not later than the 100th day after the date the complaint is filed, or otherwise notify the complainant and respondent in writing of the reasons for the delay. The bill requires the commission to engage in conciliation to the extent feasible and outlines guidelines for conciliation proceedings. The commission may authorize the attorney general to file a civil action for appropriate relief at any time following the filing of a complaint if prompt judicial action is necessary (SECTIONS 6.016.05). The commission is authorized to issue subpoenas and order discovery to the same extent and subject to the same limitations as in a civil action in district court, and the attorney general is authorized to enforce the subpoena in appropriate proceedings in district court. A court is authorized to award relief or assess civil penalties against the person responsible (SECTIONS 6.11, 8.01, and 8.02). The bill requires the commission to prepare a final investigative report and authorizes it to be amended if additional evidence is discovered. H.B. 813 requires the commission to determine based on the facts, not later than the 100th day after the date a complaint is filed, whether reasonable cause that a practice has occurred or is about to occur exists. The commission is required to notify the complainant and respondent in writing of the reasons for the delay if it is impractical to make the determination within the time period specified above. If the commission determines that reasonable cause exists, the bill requires that the commission immediately issue a charge on behalf of the aggrieved person, or otherwise promptly dismiss the complaint and make public disclosure of the dismissal if reasonable cause does not exist. The bill sets forth guidelines for issuing a charge, but prohibits the commission from issuing a charge after the beginning of the trial of a civil action commenced by the aggrieved party with respect to that practice (SECTIONS 6.06-6.10). A complainant, a respondent, or an aggrieved person is authorized to elect to have the claims asserted in that charge decided in a civil action. The bill sets forth procedures for making an election of judicial determination and for its enforcement. The bill requires the commission to authorize, and subsequently, the attorney general to file a civil action in district court on behalf of the aggrieved person if an election is timely made. If a timely election is not made, the bill requires the commission to provide for an administrative hearing on the charge, but prohibits a hearing from continuing after the beginning of the trial of a civil action commenced by the aggrieved party with respect to that practice. The commission is authorized to order the appropriate relief or to assess a civil penalty against the respondent if it determines at a hearing that a respondent has engaged in or is about to engage in a practice. A commission order does not affect a contract, sale, encumbrance, or lease that was consummated before the commission issued the order and involved a bona fide purchaser, encumbrancer, or tenant who did not have actual notice of the charge filed. If the commission issues an order against a respondent against whom another order was issued within the preceding five years, the bill requires the commission to send a copy of each order to the attorney general. At the request of the commission, the bill requires that the attorney general sue to recover a civil penalty and that the funds collected be deposited in the state treasury (SECTIONS 6.12-6.17). An aggrieved person is authorized to file a civil action in district court not later than the second year after the occurrence of the termination of an alleged practice, or the breach of a conciliation agreement, whichever occurs last, to obtain appropriate relief. The bill sets forth terms under which an aggrieved person may file an action and relief may be granted. The attorney general is authorized to intervene in an action under these provisions if the attorney general certifies that the case is of general public importance (SECTIONS 7.01-7.04). H.B. 813 requires the commission to administer and enforce these provisions, and to adopt rules as necessary (SECTIONS 2.01 and 2.02). The bill requires the commission to receive, investigate, seek to conciliate, and act on complaints alleging violations of these provisions (SECTION 2.03). EFFECTIVE DATE September 1, 2001.