Texas 2017 - 85th Regular

Texas House Bill HB2312 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R12487 JAM-F
2	2	By: Dukes H.B. No. 2312
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prohibition of housing discrimination and to the
8	8	enforcement of that prohibition; affecting the prosecution of a
9	9	criminal offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 301.003, Property Code, is amended by
12	12	amending Subdivision (6) and adding Subdivisions (9-a) and (10-a)
13	13	to read as follows:
14	14	(6) "Disability" means a mental or physical impairment
15	15	that substantially limits at least one major life activity, a
16	16	record of the impairment, or being regarded as having the
17	17	impairment. The term does not include current illegal use of or
18	18	addiction to any drug or illegal or federally controlled substance
19	19	[and does not apply to an individual because of an individual's
20	20	sexual orientation or because that individual is a transvestite].
21	21	(9-a) "Military status" means a person who is serving
22	22	or has served in the uniformed services, as defined by 20 C.F.R.
23	23	Section 1002.5, and who, if discharged, was discharged or released
24	24	under conditions other than dishonorable.
25	25	(10-a) "Sexual orientation" means the actual or
26	26	perceived status of a person with respect to the person's
27	27	sexuality.
28	28	SECTION 2. Sections 301.021(a) and (b), Property Code, are
29	29	amended to read as follows:
30	30	(a) A person may not refuse to sell or rent, after the making
31	31	of a bona fide offer, refuse to negotiate for the sale or rental of,
32	32	or in any other manner make unavailable or deny a dwelling to
33	33	another because of race, color, religion, sex, disability, familial
34	34	status, [or] national origin, military status, or sexual
35	35	orientation.
36	36	(b) A person may not discriminate against another in the
37	37	terms, conditions, or privileges of sale or rental of a dwelling or
38	38	in providing services or facilities in connection with a sale or
39	39	rental of a dwelling because of race, color, religion, sex,
40	40	disability, familial status, [or] national origin, military
41	41	status, or sexual orientation.
42	42	SECTION 3. Section 301.022, Property Code, is amended to
43	43	read as follows:
44	44	Sec. 301.022. PUBLICATION. A person may not make, print, or
45	45	publish or effect the making, printing, or publishing of a notice,
46	46	statement, or advertisement that is about the sale or rental of a
47	47	dwelling and that indicates any preference, limitation, or
48	48	discrimination or the intention to make a preference, limitation,
49	49	or discrimination because of race, color, religion, sex,
50	50	disability, familial status, [or] national origin, military
51	51	status, or sexual orientation.
52	52	SECTION 4. Section 301.023, Property Code, is amended to
53	53	read as follows:
54	54	Sec. 301.023. INSPECTION. A person may not represent to
55	55	another because of race, color, religion, sex, disability, familial
56	56	status, [or] national origin, military status, or sexual
57	57	orientation that a dwelling is not available for inspection for
58	58	sale or rental when the dwelling is available for inspection.
59	59	SECTION 5. Section 301.024, Property Code, is amended to
60	60	read as follows:
61	61	Sec. 301.024. ENTRY INTO NEIGHBORHOOD. A person may not,
62	62	for profit, induce or attempt to induce another to sell or rent a
63	63	dwelling by representations regarding the entry or prospective
64	64	entry into a neighborhood of a person of a particular race, color,
65	65	religion, sex, disability, familial status, [or] national origin,
66	66	military status, or sexual orientation.
67	67	SECTION 6. Section 301.026(a), Property Code, is amended to
68	68	read as follows:
69	69	(a) A person whose business includes engaging in
70	70	residential real estate related transactions may not discriminate
71	71	against another in making a real estate related transaction
72	72	available or in the terms or conditions of a real estate related
73	73	transaction because of race, color, religion, sex, disability,
74	74	familial status, [or] national origin, military status, or sexual
75	75	orientation.
76	76	SECTION 7. Section 301.027, Property Code, is amended to
77	77	read as follows:
78	78	Sec. 301.027. BROKERAGE SERVICES. A person may not deny
79	79	another access to, or membership or participation in, a
80	80	multiple-listing service, real estate brokers' organization, or
81	81	other service, organization, or facility relating to the business
82	82	of selling or renting dwellings, or discriminate against a person
83	83	in the terms or conditions of access, membership, or participation
84	84	in such an organization, service, or facility because of race,
85	85	color, religion, sex, disability, familial status, [or] national
86	86	origin, military status, or sexual orientation.
87	87	SECTION 8. Sections 301.042(a) and (c), Property Code, are
88	88	amended to read as follows:
89	89	(a) This chapter does not prohibit a religious
90	90	organization, association, or society or a nonprofit institution or
91	91	organization operated, supervised, or controlled by or in
92	92	conjunction with a religious organization, association, or society
93	93	from:
94	94	(1) limiting the sale, rental, or occupancy of
95	95	dwellings that it owns or operates for other than a commercial
96	96	purpose to persons of the same religion; or
97	97	(2) giving preference to persons of the same religion,
98	98	unless membership in the religion is restricted because of race,
99	99	color, sex, disability, familial status, [or] national origin,
100	100	military status, or sexual orientation.
101	101	(c) This chapter does not prohibit a person engaged in the
102	102	business of furnishing appraisals of real property from considering
103	103	in those appraisals factors other than race, color, religion, sex,
104	104	disability, familial status, [or] national origin, military
105	105	status, or sexual orientation.
106	106	SECTION 9. Section 301.068, Property Code, is amended to
107	107	read as follows:
108	108	Sec. 301.068. REFERRAL TO MUNICIPALITY. (a) Subject to
109	109	Subsections (b) and (c), the [The] commission may defer proceedings
110	110	under this chapter and refer a complaint to a municipality that has
111	111	been certified by the federal Department of Housing and Urban
112	112	Development as a substantially equivalent fair housing agency.
113	113	(b) The commission shall defer proceedings and refer a
114	114	complaint to a municipality under Subsection (a) if:
115	115	(1) the complaint alleges discrimination based on a
116	116	characteristic other than race, color, religion, sex, disability,
117	117	familial status, national origin, military status, or sexual
118	118	orientation; and
119	119	(2) the alleged discrimination occurred in a
120	120	municipality that has laws prohibiting the alleged discrimination.
121	121	(c) The commission may not defer proceedings and refer a
122	122	complaint under Subsection (a) to a municipality in which the
123	123	alleged discrimination occurred if that municipality does not have
124	124	laws prohibiting the alleged discrimination.
125	125	SECTION 10. Section 301.171(a), Property Code, is amended
126	126	to read as follows:
127	127	(a) A person commits an offense if the person, without
128	128	regard to whether the person is acting under color of law, by force
129	129	or threat of force intentionally intimidates or interferes with a
130	130	person:
131	131	(1) because of the person's race, color, religion,
132	132	sex, disability, familial status, [or] national origin, military
133	133	status, or sexual orientation and because the person is or has been
134	134	selling, purchasing, renting, financing, occupying, or contracting
135	135	or negotiating for the sale, purchase, rental, financing, or
136	136	occupation of any dwelling or applying for or participating in a
137	137	service, organization, or facility relating to the business of
138	138	selling or renting dwellings; or
139	139	(2) because the person is or has been or to intimidate
140	140	the person from:
141	141	(A) participating, without discrimination
142	142	because of race, color, religion, sex, disability, familial status,
143	143	[or] national origin, military status, or sexual orientation, in an
144	144	activity, service, organization, or facility described by
145	145	Subdivision (1); [or]
146	146	(B) affording another person opportunity or
147	147	protection to so participate; or
148	148	(C) lawfully aiding or encouraging other persons
149	149	to participate, without discrimination because of race, color,
150	150	religion, sex, disability, familial status, [or] national origin,
151	151	military status, or sexual orientation, in an activity, service,
152	152	organization, or facility described by 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.