For those who can’t make the Texas Stonewall convention or Equality Texas’ Lobby Day – and for those who can – I’ll be bringing you updates from Austin throughout the weekend right here on Instant Tea. For more on these events, read our coverage here, here and here. For a complete schedule, go to www.texasstonewalldemocrats.org or www.equalitytexas.org.
If you are able to make it to Lobby Day in Austin this year, there are several important bills before the current session of the legislature.
And now that we have a much more moderate Speaker (along with an increased number of Democrats in both the State House and State Senate) we have a better chance at advancing pro-LGBT legislation.
Here are several bills that would affect LGBT rights in Texas that will be voted on by your representatives…
Nondiscrimination:
HB 197 – Relating to prohibition of certain insurance discrimination.
Author: Rep. Roberto Alonzo (D-Dallas)
Joint Author: None
Currently, insurers cannot discriminate based on race, color, religion, national origin, age, gender, marital status, geographic location, disability or partial disability. HB 197 would expand the prohibition of discrimination to include sexual orientation and gender identity/expression.
Discrimination includes refusing to insure, charging a different rate, or limiting coverage in amount, extent or kind because of bias or prejudice.
Latest Actions:
2/12/09: Referred to Insurance Committee
11/12/08 – Filed
Medical Decision Making:
HB 353 – Relating to certain health care rights of domestic partners.
Author: Rep. Eddie Rodriguez (D-Austin)
Joint Author: Rep. Ellen Cohen (D-Houston)
Would establish authority for domestic partners in medical decision making. Provisions of this comprehensive medical decision making bill include:
* Grants a domestic partner status to make decisions, in the absence of the patient’s ability, concerning end of life care, medical decision making, hospital visitation, organ donation, disposition of remains, and consent for autopsy;
* In an emergency situation, a hospital must accept a good faith representation of the existence of a domestic partnership;
* Domestic partnership is one in which the partners agree to a relationship of mutual interdependence and care, maintenance and support;
* Visitation rights also apply to the children of a domestic partner.
Latest Actions:
2/17/09: Referred to Public Health Committee
12/1/08 – Filed
Nondiscrimination:
HB 538 – Relating to the prohibition of employment discrimination on the basis of sexual orientation or gender identity/expression.
Author: Rep. Michael Villarreal (D-San Antonio)
Joint Author: Rep. Ellen Cohen (D-Houston)
Equality Texas worked with Rep. Villarreal’s office to draft language which would prohibit discrimination in employment based on sexual orientation and gender identity/expression. In 2007, Rep. Villarreal filed an omnibus nondiscrimination bill, HB 900. The 2009 bill takes an assertive new approach which would incorporate sexual orientation and gender identity/expression into all existing labor code sections dealing with nondiscrimination, treating them equally with race, color, disability, religion, sex, national origin, or age.
Latest Actions:
2/18/09 – Referred to State Affairs Committee
1/12/09 – Filed
Hate Crimes/James Byrd Jr. Hate Crimes Act:
HB 616 – Relating to a study regarding the effectiveness of the James Byrd Jr. Hate Crimes Act.
Author: Rep. Marc Veasey (D-Fort Worth)
Joint Author: None
Equality Texas worked with Rep. Veasey’s office to draft language which would require the Texas Attorney General to conduct a study to examine the success of the James Byrd Jr. Hate Crimes Act and identify barriers to the effective use of, and prosecution under, the Act. Similar legislation was filed by Rep. Veasey in the 2007 session [HB 2612]. In 2007, the bill obtained two (2) additional authors and six (6) co-authors; it was left pending in the Criminal Jurisprudence Committee.
Latest Actions:
2/18/09 – Referred to Criminal Jurisprudence Committee
1/14/09 – Filed
Insurance/Competitive Benefits:
HB 861 – Relating to the authority of certain university systems to provide benefits to certain qualified individuals.
Author: Rep. Elliott Naishtat (D-Austin)
Joint Author: Rep. Ellen Cohen (D-Houston)
Equality Texas worked with Rep. Naishtat’s office to draft language which would expand access to insurance/health benefits for employees and faculty of the University of Texas and Texas A&M University systems by adding a new category of dependent that includes “qualified other individual”.
Latest Actions:
2/23/09 – Referred to Insurance Committee
1/29/09 – Filed
Safe Schools for All Youth:
HB 1323 – Relating to bullying and harassment in public schools.
Author: Rep. Mark Strama (D-Austin)
Joint Author: Rep. Paula Pierson (D-Arlington)
Equality Texas worked to draft language which would establish reporting standards for school districts to report incidents of bullying/harassment to the Texas Education Agency.
Latest Actions:
2/17/09 – Filed
Medical Decision Making:
HB 1455 – Relating to the award of attorney’s fees, costs, and certain damages in a proceeding to revoke a medical power of attorney.
Author: Rep. Donna Howard (D-Austin)
Joint Author: None
Equality Texas worked to draft language on end of life decision making and enforcement of advanced directives. The language was submitted to Legislative Council, and resulted in two (2) separate bills: one governing end of life decisions, including those made by a “long-term intimate partner” [bill not yet filed], and one to make advance directives more enforceable [HB 1455].
HB 1455 adds language to the Health and Safety Code that would penalize parties who have filed groundless lawsuits in an attempt to revoke a medical power of attorney.
Latest Actions:
2/18/09 – Filed
check out Lege Watch at Equality Texas
https://www.equalitytexas.org/