CIVIL PRACTICE AND REMEDIES CODE

TITLE 5. GOVERNMENTAL LIABILITY

CHAPTER 106. DISCRIMINATION BECAUSE OF RACE, RELIGION, COLOR, SEX, OR NATIONAL ORIGIN

Sec. 106.001.  PROHIBITED ACTS.  (a)  An officer or employee of the state or of a political subdivision of the state who is acting or purporting to act in an official capacity may not, because of a person's race, religion, color, sex, or national origin:
(1)  refuse to issue to the person a license, permit, or certificate;
(2)  revoke or suspend the person's license, permit, or certificate;
(3)  refuse to permit the person to use facilities open to the public and owned, operated, or managed by or on behalf of the state or a political subdivision of the state;
(4)  refuse to permit the person to participate in a program owned, operated, or managed by or on behalf of the state or a political subdivision of the state;
(5)  refuse to grant a benefit to the person;
(6)  impose an unreasonable burden on the person;  or
(7)  refuse to award a contract to the person.
(b)  This section does not apply to a public school official who is acting under a plan reasonably designed to end discriminatory school practices.
(c)  This section does not prohibit the adoption of a program designed to increase the participation of businesses owned and controlled by women, minorities, or disadvantaged persons in public contract awards.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 1058, Sec. 1, eff. Aug. 31, 1987;  Acts 1991, 72nd Leg., ch. 597, Sec. 56, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 665, Sec. 1, eff. June 16, 1991;  Acts 1999, 76th Leg., ch. 1499, Sec. 1.02, eff. Sept. 1, 1999.

Sec. 106.002.  REMEDIES.  (a)  If a person has violated or there are reasonable grounds to believe a person is about to violate Section 106.001, the person aggrieved by the violation or threatened violation may sue for preventive relief, including a permanent or temporary injunction, a restraining order, or any other order.
(b)  In an action under this section, unless the state is the prevailing party, the court may award the prevailing party reasonable attorney's fees as a part of the costs.  The state's liability for costs is the same as that of a private person.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 106.003.  PENALTIES.  (a)  A person commits an offense if the person knowingly violates Section 106.001.
(b)  An offense under this section is a misdemeanor punishable by:
(1)  a fine of not more than $1,000;
(2)  confinement in the county jail for not more than one year;  or
(3)  both the fine and confinement.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 106.004.  INAPPLICABILITY TO CERTAIN CLAIMS.  This chapter does not authorize a claim for preventive relief against the Texas Department of Criminal Justice, an employee of the department, or any other agency, agent, employee, or officer of this state if:
(1)  the claim is brought by a person housed in a facility operated by or under contract with the department;  and
(2)  the claim accrued while the person was housed in the facility.
Added by Acts 1995, 74th Leg., ch. 378, Sec. 4, eff. June 8, 1995.