S.B. No. 2713 aims to prevent discrimination in membership within professional or trade associations in Texas by introducing Chapter 121 to the Business & Commerce Code. The bill prohibits these associations from denying access, membership, or participation based on race, color, religion, sex, disability, familial status, national origin, or an individual's exercise of free speech or assembly. However, it allows associations to deny membership if an individual has engaged in speech that incites criminal activity, poses a specific threat of violence, or constitutes unlawful speech. Additionally, the bill clarifies that it does not apply to associations whose membership is exclusively based on the aforementioned characteristics.
The legislation also establishes a private cause of action for individuals who believe they have been wronged under this new provision. Aggrieved persons can seek injunctive relief or damages against the association, with the possibility of recovering court costs and attorney's fees if they prevail in their case. This act is set to take effect on September 1, 2025.
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