87R1121 JG-F
 
  By: Bernal, Minjarez H.B. No. 191
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the prohibition of housing discrimination on the basis
  of sexual orientation or gender identity or expression and to the
  enforcement of that prohibition.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 301.003, Property Code, is amended by
  amending Subdivision (6) and adding Subdivisions (9-a) and (10-a)
  to read as follows:
               (6)  "Disability" means a mental or physical impairment
  that substantially limits at least one major life activity, a
  record of the impairment, or being regarded as having the
  impairment. The term does not include current illegal use or
  addiction to any drug or illegal or federally controlled substance
  [and does not apply to an individual because of an individual's
  sexual orientation or because that individual is a transvestite].
               (9-a)  "Gender identity or expression" means having or
  being perceived as having a gender-related identity, appearance,
  expression, or behavior, regardless of whether that identity,
  appearance, expression, or behavior is different from that commonly
  associated with the person's assigned sex at birth.
               (10-a)  "Sexual orientation" means the actual or
  perceived status of a person with respect to the person's
  sexuality.
         SECTION 2.  Sections 301.021(a) and (b), Property Code, are
  amended to read as follows:
         (a)  A person may not refuse to sell or rent, after the making
  of a bona fide offer, refuse to negotiate for the sale or rental of,
  or in any other manner make unavailable or deny a dwelling to
  another because of race, color, religion, sex, familial status,
  [or] national origin, sexual orientation, or gender identity or
  expression.
         (b)  A person may not discriminate against another in the
  terms, conditions, or privileges of sale or rental of a dwelling or
  in providing services or facilities in connection with a sale or
  rental of a dwelling because of race, color, religion, sex,
  familial status, [or] national origin, sexual orientation, or
  gender identity or expression.
         SECTION 3.  Section 301.022, Property Code, is amended to
  read as follows:
         Sec. 301.022.  PUBLICATION. A person may not make, print, or
  publish or effect the making, printing, or publishing of a notice,
  statement, or advertisement that is about the sale or rental of a
  dwelling and that indicates any preference, limitation, or
  discrimination or the intention to make a preference, limitation,
  or discrimination because of race, color, religion, sex,
  disability, familial status, [or] national origin, sexual
  orientation, or gender identity or expression.
         SECTION 4.  Section 301.023, Property Code, is amended to
  read as follows:
         Sec. 301.023.  INSPECTION. A person may not represent to
  another because of race, color, religion, sex, disability, familial
  status, [or] national origin, sexual orientation, or gender
  identity or expression that a dwelling is not available for
  inspection for sale or rental when the dwelling is available for
  inspection.
         SECTION 5.  Section 301.024, Property Code, is amended to
  read as follows:
         Sec. 301.024.  ENTRY INTO NEIGHBORHOOD. A person may not,
  for profit, induce or attempt to induce another to sell or rent a
  dwelling by representations regarding the entry or prospective
  entry into a neighborhood of a person of a particular race, color,
  religion, sex, disability, familial status, [or] national origin,
  sexual orientation, or gender identity or expression.
         SECTION 6.  Section 301.026(a), Property Code, is amended to
  read as follows:
         (a)  A person whose business includes engaging in
  residential real estate related transactions may not discriminate
  against another in making a real estate related transaction
  available or in the terms or conditions of a real estate related
  transaction because of race, color, religion, sex, disability,
  familial status, [or] national origin, sexual orientation, or
  gender identity or expression.
         SECTION 7.  Section 301.027, Property Code, is amended to
  read as follows:
         Sec. 301.027.  BROKERAGE SERVICES. A person may not deny
  another access to, or membership or participation in, a
  multiple-listing service, real estate brokers' organization, or
  other service, organization, or facility relating to the business
  of selling or renting dwellings, or discriminate against a person
  in the terms or conditions of access, membership, or participation
  in such an organization, service, or facility because of race,
  color, religion, sex, disability, familial status, [or] national
  origin, sexual orientation, or gender identity or expression.
         SECTION 8.  Sections 301.042(a) and (c), Property Code, are
  amended to read as follows:
         (a)  This chapter does not prohibit a religious
  organization, association, or society or a nonprofit institution or
  organization operated, supervised, or controlled by or in
  conjunction with a religious organization, association, or society
  from:
               (1)  limiting the sale, rental, or occupancy of
  dwellings that it owns or operates for other than a commercial
  purpose to persons of the same religion; or
               (2)  giving preference to persons of the same religion,
  unless membership in the religion is restricted because of race,
  color, sex, disability, familial status, [or] national origin,
  sexual orientation, or gender identity or expression.
         (c)  This chapter does not prohibit a person engaged in the
  business of furnishing appraisals of real property from considering
  in those appraisals factors other than race, color, religion, sex,
  disability, familial status, [or] national origin, sexual
  orientation, or gender identity or expression.
         SECTION 9.  Section 301.068, Property Code, is amended to
  read as follows:
         Sec. 301.068.  REFERRAL TO MUNICIPALITY. (a) Subject to
  Subsection (b), the [The] commission may defer proceedings under
  this chapter and refer a complaint to a municipality that has been
  certified by the federal Department of Housing and Urban
  Development as a substantially equivalent fair housing agency.
         (b)  The commission may not defer proceedings and refer a
  complaint under Subsection (a) to a municipality in which the
  alleged discrimination occurred if:
               (1)  the complaint alleges discrimination based on
  sexual orientation or gender identity or expression; and
               (2)  the municipality does not have laws prohibiting
  the alleged discrimination.
         SECTION 10.  Section 301.171(a), Property Code, is amended
  to read as follows:
         (a)  A person commits an offense if the person, without
  regard to whether the person is acting under color of law, by force
  or threat of force intentionally intimidates or interferes with a
  person:
               (1)  because of the person's race, color, religion,
  sex, disability, familial status, [or] national origin, sexual
  orientation, or gender identity or expression and because the
  person is or has been selling, purchasing, renting, financing,
  occupying, or contracting or negotiating for the sale, purchase,
  rental, financing, or occupation of any dwelling or applying for or
  participating in a service, organization, or facility relating to
  the business of selling or renting dwellings; or
               (2)  because the person is or has been or to intimidate
  the person from:
                     (A)  participating, without discrimination
  because of race, color, religion, sex, disability, familial status,
  [or] national origin, sexual orientation, or gender identity or
  expression, in an activity, service, organization, or facility
  described by Subdivision (1); [or]
                     (B)  affording another person opportunity or
  protection to so participate; or
                     (C)  lawfully aiding or encouraging other persons
  to participate, without discrimination because of race, color,
  religion, sex, disability, familial status, [or] national origin,
  sexual orientation, or gender identity or expression, in an
  activity, service, organization, or facility described by
  Subdivision (1).
         SECTION 11.  The change in law made by this Act applies only
  to a complaint filed with the Texas Workforce Commission civil
  rights division on or after the effective date of this Act. A
  complaint filed before that date is governed by the law as it
  existed immediately before the effective date of this Act, and that
  law is continued in effect for that purpose.
         SECTION 12.  This Act takes effect September 1, 2021.