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