Journal of the Senate of the State of Texas, Regular Session of the Seventy-First Legislature, Volume 3 Page: 2,894

                                
(b) Unless disability [handicap], religion, sex, national origin, or age is a bona
fide occupational qualification, it is an unlawful employment practice for an
employer, labor organization, employment agency, or joint labor-management
committee controlling an apprenticeship, on-the-job, or other training or retraining
program to print or publish or cause to be printed or published a notice or
advertisement relating to employment indicating a preference, limitation,
specification, or discrimination based on race, color, disability [handicap], religion,
sex, national origin, or age, if the notice or advertisement concerns an employee's
status, employment, or admission to or membership or participation in a labor
union or an apprenticeship, on-the-job, or other training or retraining program.
SECTION 16. Subsection (a), Section 5.07, Commission on Human Rights
Act (Article 5221k, Vernon's Texas Civil Statutes), is amended to read as follows:
(a) Notwithstanding any other provision of this article, it is not an unlawful
employment practice:
(1) for an employer to hire and to employ employees, for an
employment agency to classify or refer for employment an individual, for a labor
organization to classify its members or to classify or refer for employment an
individual, or for an employer, labor organization, or joint labor-management
committee controlling an apprenticeship, on-the-job, or other training or retraining
program to admit or employ an individual in its program, on the basis of disability
[handicap], religion, sex, national origin, or age, if disability [handicap], religion,
sex, national origin, or age is a bona fide occupational qualification reasonably
necessary to the normal operation of the particular business or enterprise;
(2) for a religious corporation, association, society, or educational
institution or an educational organization operated, supervised, or controlled, in
whole or in substantial part, by a religious corporation, association, or society to
limit employment or give preference to members of the same religion;
(3) for an employer to apply different standards of compensation or
different terms, conditions, or privileges of employment under a bona fide seniority
system, bona fide merit system, or a bona fide employee benefit plan such as a
retirement, pension, or insurance plan, which is not a subterfuge to evade this Act,
or under a system that measures earnings by quantity or quality of production if
those different standards are not discriminatory on the basis of race, color, disability
[handicap], religion, sex, national origin, or age, except that no employee benefit
plan may excuse a failure to hire on the basis of age and no seniority or employee
benefit plan may require or permit involuntary retirement on the basis of age;
(4) for an employer to apply to employees who work in different
locations different standards of compensation or different terms, conditions, or
privileges of employment if those different standards are not discriminatory on the
basis of race, color, disability [handicap], religion, sex, national origin, or age;
(5) for an employer to impose minimum or maximum age
requirements for peace officers or fire fighters;
(6) for a public school official to adopt or implement a plan reasonably
designed to end discriminatory school practices; or
(7) for an employer to engage in any practice that has a discriminatory
effect and that would otherwise be prohibited by this Act if the employer establishes
that the practice is not intentionally devised or operated to contravene the
prohibitions of this Act and is justified by business necessity.
SECTION 17. Section 5.09, Commission on Human Rights Act (Article
5221k, Vernon's Texas Civil Statutes), is amended to read as follows:
Sec. 5.09. IMBALANCE PLANS. This Act may not be interpreted to require
a person subject to this Act to grant preferential treatment to an individual or to
a group on the basis of the race, color, disability handicapfp, religion, sex, national
origin, or age of that individual or group because an imbalance exists between the

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