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89(R) SB 2713 - Engrossed version - Bill Text
By: Middleton
S.B. No. 2713
A BILL TO BE ENTITLED
AN ACT
relating to preventing discrimination in membership in a
professional or trade association.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is
amended by adding Chapter 121 to read as follows:
CHAPTER 121.
DISCRIMINATION BY PROFESSIONAL OR TRADE ASSOCIATION
PROHIBITED
Sec.
121.001.
DENIAL OF MEMBERSHIP OR SERVICES. (a)
A
professional or trade association may not deny a person access to or
membership or participation in the association because of race,
color, religion, sex, disability, familial status, or national
origin or because of the person's exercise of the person's freedom
of speech or assembly, notwithstanding any provision of the
association's bylaws.
(b)
Notwithstanding Subsection (a), a professional or trade
association may deny a person access to or membership or
participation in the association because the person has engaged in
speech that:
(1) directly incites criminal activity;
(2)
constitutes a specific threat of violence against
a person because of the person's race, color, disability status,
religion, familial status, national origin or ancestry, age, sex,
or status as a peace officer or judge; or
(3) otherwise constitutes unlawful speech.
(c)
This chapter does not apply to a professional or trade
association whose membership or participation in the association is
exclusively based on race, color, religion, sex, disability,
familial status, or national origin.
Sec.
121.002.
PRIVATE CAUSE OF ACTION. (a) A person
aggrieved by a violation of Section 121.001 may bring an action
against the professional or trade association for injunctive relief
or damages.
(b)
The court may award court costs and reasonable
attorney's fees to the prevailing party in an action brought under
this section.
SECTION 2. This Act takes effect September 1, 2025.