By: Rodríguez Ramos H.B. No. 5373

A BILL TO BE ENTITLED

AN ACT

relating to the prohibition of caste-based discrimination.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. GENERAL PROVISIONS

SECTION 1.01. This Act prohibits discrimination based on caste and ensures equal protections under Texas law.

SECTION 1.02. The Legislature finds that:

(1) Caste-based discrimination continues to impact individuals and communities, causing harm to their dignity and quality of life as well as denial of and exclusion from opportunities.

(2) The State of Texas is committed to upholding equality and ensuring protection against all forms of discrimination.

(3) This Act is created to prohibit caste-based discrimination in hiring and workplaces, educational institutions, and housing.

ARTICLE 2. HIRING AND WORKPLACES

SECTION 2.01. Sec. 21.002, Labor Code, is amended by adding Subdivisions (15) and (16) to read as follows:

(15) "Ancestry" means a person's lineage, ethnic background, or descent, including familial or hereditary ties, regardless of cultural, national, or ethnic associations.

(16) "Caste" means a system of inherited social stratification where social status is passed down through hierarchical divisions within society.

SECTION 2.02. Sec. 21.051, Labor Code, is amended to read as follows:

Sec. 21.051. DISCRIMINATION BY EMPLOYER. An employer commits an unlawful employment practice if because of race, color, disability, religion, sex, national origin, [or] age, caste, or ancestry the employer:

(1) fails or refuses to hire an individual, discharges an individual, or discriminates in any other manner against an individual in connection with compensation or the terms, conditions, or privileges of employment; or

(2) limits, segregates, or classifies an employee or applicant for employment in a manner that would deprive or tend to deprive an individual of any employment opportunity or adversely affect in any other manner the status of an employee.

SECTION 2.03. Sec. 21.052, Labor Code, is amended to read as follows:

Sec. 21.052. DISCRIMINATION BY EMPLOYMENT AGENCY. An employment agency commits an unlawful employment practice if the employment agency:

(1) fails or refuses to refer for employment or discriminates in any other manner against an individual because of race, color, disability, religion, sex, national origin, [or] age, caste, or ancestry; or

(2) classifies or refers an individual for employment on the basis of race, color, disability, religion, sex, national origin, [or] age, caste, or ancestry.

SECTION 2.04. Sec. 21.053, Labor Code, is amended to read as follows:

Sec. 21.053. DISCRIMINATION BY LABOR ORGANIZATION. A labor organization commits an unlawful employment practice if because of race, color, disability, religion, sex, national origin, [or] age, caste, or ancestry the labor organization:

(1) excludes or expels from membership or discriminates in any other manner against an individual; or

(2) limits, segregates, or classifies a member or an applicant for membership or classifies or fails or refuses to refer for employment an individual in a manner that would:

(A) deprive or tend to deprive an individual of any employment opportunity;

(B) limit an employment opportunity or adversely affect in any other manner the status of an employee or of an applicant for employment; or

(C) cause or attempt to cause an employer to violate this subchapter.

SECTION 2.05. Sec. 21.054(a), Labor Code, is amended to read as follows:

Sec. 21.054. ADMISSION OR PARTICIPATION IN TRAINING PROGRAM. (a) Unless a training or retraining opportunity or program is provided under an affirmative action plan approved under a federal law, rule, or order, an employer, labor organization, or joint labor-management committee controlling an apprenticeship, on-the-job training, or other training or retraining program commits an unlawful employment practice if the employer, labor organization, or committee discriminates against an individual because of race, color, disability, religion, sex, national origin, [or] age, caste, or ancestry in admission to or participation in the program.

SECTION 2.06. Sec. 21.059, Labor Code, is amended to read as follows:

Sec. 21.059. DISCRIMINATORY NOTICE OR ADVERTISEMENT. (a) An employer, labor organization, employment agency, or joint labor-management committee controlling an apprenticeship, on-the-job training, or other training or retraining program commits an unlawful employment practice if the employer, labor organization, employment agency, or committee prints or publishes or causes to be printed or published a notice or advertisement relating to employment that:

(1) indicates a preference, limitation, specification, or discrimination based on race, color, disability, religion, sex, national origin, [or] age, caste, or ancestry; and

(2) concerns an employee's status, employment, or admission to or membership or participation in a labor union or training or retraining program.

(b) This section does not apply if disability, religion, sex, national origin, [or] age, caste, or ancestry is a bona fide occupational qualification.

ARTICLE 3. EDUCATIONAL INSTITUTIONS

SECTION 3.01. Sec. 1.002, Education Code, is amended by adding Subsection (c) to read as follows:

(c) An educational institution may not discriminate based on race, color, disability, religion, sex, national origin, age, caste, or ancestry.

(1) "Ancestry" means a person's lineage, ethnic background, or descent, including familial or hereditary ties, regardless of cultural, national, or ethnic associations.

(2) "Caste" means a system of inherited social stratification where social status is passed down through hierarchical divisions within society.

ARTICLE 4. HOUSING

SECTION 4.01. Sec. 301.003, Property Code, is amended by adding Subdivisions (13) and (14) to read as follows:

(13) "Ancestry" means a person's lineage, ethnic background, or descent, including familial or hereditary ties, regardless of cultural, national, or ethnic associations.

(14) "Caste" means a system of inherited social stratification where social status is passed down through hierarchical divisions within society.

SECTION 4.02. Sec. 301.021, Property Code, is amended to read as follows:

Sec. 301.021. SALE OR RENTAL. (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, caste, or ancestry.

(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, caste, or ancestry.

(c) This section does not prohibit discrimination against a person because the person has been convicted under federal law or the law of any state of the illegal manufacture or distribution of a controlled substance.

SECTION 4.03. Sec. 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, caste, or ancestry.

SECTION 4.04. Sec. 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, caste, or ancestry that a dwelling is not available for inspection for sale or rental when the dwelling is available for inspection.

SECTION 4.05. Sec. 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, caste, or ancestry.

SECTION 4.06. Sec. 301.026(a), Property Code, is amended to read as follows:

Sec. 301.026. RESIDENTIAL REAL ESTATE RELATED TRANSACTION. (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, caste, or ancestry.

SECTION 4.07. Sec. 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, caste, or ancestry.

ARTICLE 5. EFFECTIVE DATE

SECTION 5.01. This Act takes effect September 1, 2025.