87R10705 MCF-D     By: Rose H.B. No. 4122       A BILL TO BE ENTITLED   AN ACT   relating to prohibiting certain discrimination based on sexual   orientation or gender identity or expression.          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 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 person'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 2.  Section 153.003, Family Code, is amended to read   as follows:          Sec. 153.003.  NO DISCRIMINATION BASED ON SEX, SEXUAL   ORIENTATION, GENDER IDENTITY OR EXPRESSION, OR MARITAL STATUS.  (a)   The court shall consider the qualifications of the parties without   regard to their marital status, sexual orientation, or gender   identity or expression, or to the sex of the party or the child in   determining:                (1)  which party to appoint as sole managing   conservator;                (2)  whether to appoint a party as joint managing   conservator; and                (3)  the terms and conditions of conservatorship and   possession of and access to the child.          (b)  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 person's actual or perceived sex.                (2)  "Sexual orientation" means the actual or perceived   status of an individual with respect to the individual's sexuality.          SECTION 3.  Section 544.002, Insurance Code, is amended by   amending Subsection (a) and adding Subsection (d) to read as   follows:          (a)  A person may not refuse to insure or provide coverage to   an individual, refuse to continue to insure or provide coverage to   an individual, limit the amount, extent, or kind of coverage   available for an individual, or charge an individual a rate that is   different from the rate charged to other individuals for the same   coverage because of the individual's:                (1)  race, color, religion, or national origin;                (2)  age, gender, marital status, or geographic   location; [or]                (3)  disability or partial disability; or                (4)  sexual orientation or gender identity or   expression.          (d)  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 person's actual or perceived sex.                (2)  "Sexual orientation" means the actual or perceived   status of an individual with respect to the individual's sexuality.          SECTION 4.  Section 21.002, Labor Code, is amended by adding   Subdivisions (9-a) and (13-a) to read as follows:                (9-a)  "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.                (13-a)  "Sexual orientation" means the actual or   perceived status of an individual with respect to the individual's   sexuality.          SECTION 5.  Section 21.051, Labor Code, is amended to read as   follows:          Sec. 21.051.  DISCRIMINATION BY EMPLOYER. An employer   commits an unlawful employment practice if because of race, color,   disability, religion, sex, national origin, [or] age, sexual   orientation, or gender identity or expression the employer:                (1)  fails or refuses to hire an individual, discharges   an individual, or discriminates in any other manner against an   individual in connection with compensation or the terms,   conditions, or privileges of employment; or                (2)  limits, segregates, or classifies 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.          SECTION 6.  Article 42.014, Code of Criminal Procedure, as   amended 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 7.  (a)  Section 153.003, Family Code, as amended by   this Act, applies to a suit affecting the parent-child relationship   pending in a trial court on the effective date of this Act or filed   on or after that date.          (b)  The enactment of this Act constitutes a material and   substantial change of circumstances sufficient to warrant   modification of a court order or portion of a decree that provides   for conservatorship or possession of or access to a child rendered   before the effective date of this Act.          SECTION 8.  Section 544.002, Insurance Code, as amended by   this Act, applies only to a health benefit plan delivered, issued   for delivery, or renewed on or after January 1, 2022. A health   benefit plan delivered, issued for delivery, or renewed before   January 1, 2022, is governed by the law as it existed immediately   before the effective date of this Act, and that law is continued in   effect for that purpose.          SECTION 9.  Section 21.051, Labor Code, as amended by this   Act, applies to conduct occurring on or after the effective date of   this Act. Conduct occurring before that date is governed by the law   in effect on the date the conduct occurred, and the former law is   continued in effect for that purpose.          SECTION 10.  This Act takes effect September 1, 2021.