Texas 2017 - 85th Regular

Texas House Bill HB192 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R23682 JAM-F
2	2	By: Bernal, Arévalo, Reynolds H.B. No. 192
3	3	Substitute the following for H.B. No. 192:
4	4	By: Romero, Jr. C.S.H.B. No. 192
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the prohibition of housing discrimination on the basis
10	10	of sexual orientation or gender identity or expression and to the
11	11	enforcement of that prohibition.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 301.003, Property Code, is amended by
14	14	amending Subdivision (6) and adding Subdivisions (9-a) and (10-a)
15	15	to read as follows:
16	16	(6) "Disability" means a mental or physical impairment
17	17	that substantially limits at least one major life activity, a
18	18	record of the impairment, or being regarded as having the
19	19	impairment. The term does not include current illegal use or
20	20	addiction to any drug or illegal or federally controlled substance
21	21	[and does not apply to an individual because of an individual's
22	22	sexual orientation or because that individual is a transvestite].
23	23	(9-a) "Gender identity or expression" means having or
24	24	being perceived as having a gender-related identity, appearance,
25	25	expression, or behavior, regardless of whether that identity,
26	26	appearance, expression, or behavior is different from that commonly
27	27	associated with the person's actual or perceived sex.
28	28	(10-a) "Sexual orientation" means the actual or
29	29	perceived status of a person with respect to the person's
30	30	sexuality.
31	31	SECTION 2. Sections 301.021(a) and (b), Property Code, are
32	32	amended to read as follows:
33	33	(a) A person may not refuse to sell or rent, after the making
34	34	of a bona fide offer, refuse to negotiate for the sale or rental of,
35	35	or in any other manner make unavailable or deny a dwelling to
36	36	another because of race, color, religion, sex, familial status,
37	37	[or] national origin, sexual orientation, or gender identity or
38	38	expression.
39	39	(b) A person may not discriminate against another in the
40	40	terms, conditions, or privileges of sale or rental of a dwelling or
41	41	in providing services or facilities in connection with a sale or
42	42	rental of a dwelling because of race, color, religion, sex,
43	43	familial status, [or] national origin, sexual orientation, or
44	44	gender identity or expression.
45	45	SECTION 3. Section 301.022, Property Code, is amended to
46	46	read as follows:
47	47	Sec. 301.022. PUBLICATION. A person may not make, print, or
48	48	publish or effect the making, printing, or publishing of a notice,
49	49	statement, or advertisement that is about the sale or rental of a
50	50	dwelling and that indicates any preference, limitation, or
51	51	discrimination or the intention to make a preference, limitation,
52	52	or discrimination because of race, color, religion, sex,
53	53	disability, familial status, [or] national origin, sexual
54	54	orientation, or gender identity or expression.
55	55	SECTION 4. Section 301.023, Property Code, is amended to
56	56	read as follows:
57	57	Sec. 301.023. INSPECTION. A person may not represent to
58	58	another because of race, color, religion, sex, disability, familial
59	59	status, [or] national origin, sexual orientation, or gender
60	60	identity or expression that a dwelling is not available for
61	61	inspection for sale or rental when the dwelling is available for
62	62	inspection.
63	63	SECTION 5. Section 301.024, Property Code, is amended to
64	64	read as follows:
65	65	Sec. 301.024. ENTRY INTO NEIGHBORHOOD. A person may not,
66	66	for profit, induce or attempt to induce another to sell or rent a
67	67	dwelling by representations regarding the entry or prospective
68	68	entry into a neighborhood of a person of a particular race, color,
69	69	religion, sex, disability, familial status, [or] national origin,
70	70	sexual orientation, or gender identity or expression.
71	71	SECTION 6. Section 301.026(a), Property Code, is amended to
72	72	read as follows:
73	73	(a) A person whose business includes engaging in
74	74	residential real estate related transactions may not discriminate
75	75	against another in making a real estate related transaction
76	76	available or in the terms or conditions of a real estate related
77	77	transaction because of race, color, religion, sex, disability,
78	78	familial status, [or] national origin, sexual orientation, or
79	79	gender identity or expression.
80	80	SECTION 7. Section 301.027, Property Code, is amended to
81	81	read as follows:
82	82	Sec. 301.027. BROKERAGE SERVICES. A person may not deny
83	83	another access to, or membership or participation in, a
84	84	multiple-listing service, real estate brokers' organization, or
85	85	other service, organization, or facility relating to the business
86	86	of selling or renting dwellings, or discriminate against a person
87	87	in the terms or conditions of access, membership, or participation
88	88	in such an organization, service, or facility because of race,
89	89	color, religion, sex, disability, familial status, [or] national
90	90	origin, sexual orientation, or gender identity or expression.
91	91	SECTION 8. Sections 301.042(a) and (c), Property Code, are
92	92	amended to read as follows:
93	93	(a) This chapter does not prohibit a religious
94	94	organization, association, or society or a nonprofit institution or
95	95	organization operated, supervised, or controlled by or in
96	96	conjunction with a religious organization, association, or society
97	97	from:
98	98	(1) limiting the sale, rental, or occupancy of
99	99	dwellings that it owns or operates for other than a commercial
100	100	purpose to persons of the same religion; or
101	101	(2) giving preference to persons of the same religion,
102	102	unless membership in the religion is restricted because of race,
103	103	color, sex, disability, familial status, [or] national origin,
104	104	sexual orientation, or gender identity or expression.
105	105	(c) This chapter does not prohibit a person engaged in the
106	106	business of furnishing appraisals of real property from considering
107	107	in those appraisals factors other than race, color, religion, sex,
108	108	disability, familial status, [or] national origin, sexual
109	109	orientation, or gender identity or expression.
110	110	SECTION 9. Section 301.068, Property Code, is amended to
111	111	read as follows:
112	112	Sec. 301.068. REFERRAL TO MUNICIPALITY. (a) Subject to
113	113	Subsection (b), the [The] commission may defer proceedings under
114	114	this chapter and refer a complaint to a municipality that has been
115	115	certified by the federal Department of Housing and Urban
116	116	Development as a substantially equivalent fair housing agency.
117	117	(b) The commission may not defer proceedings and refer a
118	118	complaint under Subsection (a) to a municipality in which the
119	119	alleged discrimination occurred if:
120	120	(1) the complaint alleges discrimination based on
121	121	sexual orientation or gender identity or expression; and
122	122	(2) the municipality does not have laws prohibiting
123	123	the alleged discrimination.
124	124	SECTION 10. Section 301.171(a), Property Code, is amended
125	125	to read as follows:
126	126	(a) A person commits an offense if the person, without
127	127	regard to whether the person is acting under color of law, by force
128	128	or threat of force intentionally intimidates or interferes with a
129	129	person:
130	130	(1) because of the person's race, color, religion,
131	131	sex, disability, familial status, [or] national origin, sexual
132	132	orientation, or gender identity or expression and because the
133	133	person is or has been selling, purchasing, renting, financing,
134	134	occupying, or contracting or negotiating for the sale, purchase,
135	135	rental, financing, or occupation of any dwelling or applying for or
136	136	participating in a service, organization, or facility relating to
137	137	the business of selling or renting dwellings; or
138	138	(2) because the person is or has been or to intimidate
139	139	the person from:
140	140	(A) participating, without discrimination
141	141	because of race, color, religion, sex, disability, familial status,
142	142	[or] national origin, sexual orientation, or gender identity or
143	143	expression, in an activity, service, organization, or facility
144	144	described by Subdivision (1); [or]
145	145	(B) affording another person opportunity or
146	146	protection to so participate; or
147	147	(C) lawfully aiding or encouraging other persons
148	148	to participate, without discrimination because of race, color,
149	149	religion, sex, disability, familial status, [or] national origin,
150	150	sexual orientation, or gender identity or expression, in an
151	151	activity, service, organization, or facility described by
152	152	Subdivision (1).
153	153	SECTION 11. The change in law made by this Act applies only
154	154	to a complaint filed with the Texas Workforce Commission civil
155	155	rights division on or after the effective date of this Act. A
156	156	complaint filed before that date is governed by the law as it
157	157	existed immediately before the effective date of this Act, and that
158	158	law is continued in effect for that purpose.
159	159	SECTION 12. This Act takes effect September 1, 2017.