H.B. No. 38 introduces Chapter 101A to the Business & Commerce Code, establishing regulations against discrimination in public accommodations in Texas. The bill defines key terms such as "public accommodation," "discriminatory practice," "gender identity," and "sexual orientation," and prohibits discriminatory practices based on various characteristics, including race, color, disability, religion, sex, national origin, age, sexual orientation, gender identity, and military veteran status. It clarifies that these provisions do not apply to private clubs or religious organizations not open to the public and allows for special benefits for individuals over 50 or military veterans. The bill also sets a framework for filing complaints, requiring written, sworn complaints within a 180-day statute of limitations, and mandates the Texas Workforce Commission to investigate these complaints and impose civil penalties for violations.

Additionally, the bill amends the Labor Code and Property Code to expand definitions of discrimination in employment and housing to include sexual orientation, gender identity, and military veteran status, removing previous limitations. It establishes unlawful employment practices related to these characteristics and allows for complaints to be referred to local commissions if applicable. The legislation also introduces a new subchapter on judicial enforcement, enabling the commission to bring civil actions against discriminatory practices and outlining the process for complainants to file civil actions. The changes will take effect on September 1, 2025, ensuring that any conduct or complaints prior to this date will continue to be governed by existing laws.

Statutes affected:
Introduced: Labor Code 21.002, Labor Code 21.005, Labor Code 21.051, Labor Code 21.052, Labor Code 21.053, Labor Code 21.054, Labor Code 21.059, Labor Code 21.102, Labor Code 21.112, Labor Code 21.113, Labor Code 21.120, Labor Code 21.122, Labor Code 21.124, Labor Code 21.125, Labor Code 21.126, Labor Code 21.152, Labor Code 21.155, Property Code 301.003, Property Code 301.021, Property Code 301.022, Property Code 301.023, Property Code 301.024, Property Code 301.026, Property Code 301.027, Property Code 301.042, Property Code 301.068, Property Code 301.171 (Labor Code 21, Property Code 301)