Texas 2021 - 87th Regular

Texas House Bill HB191 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R1121 JG-F
2		-	By: Bernal~~, Minjarez~~ H.B. No. 191
	2	+	By: Bernal H.B. No. 191
3	3
4	4
5	5		A BILL TO BE ENTITLED
6	6		AN ACT
7	7		relating to the prohibition of housing discrimination on the basis
8	8		of sexual orientation or gender identity or expression and to the
9	9		enforcement of that prohibition.
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 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) "Gender identity or expression" means having or
22	22		being perceived as having a gender-related identity, appearance,
23	23		expression, or behavior, regardless of whether that identity,
24	24		appearance, expression, or behavior is different from that commonly
25	25		associated with the person's assigned sex at birth.
26	26		(10-a) "Sexual orientation" means the actual or
27	27		perceived status of a person with respect to the person's
28	28		sexuality.
29	29		SECTION 2. Sections 301.021(a) and (b), Property Code, are
30	30		amended to read as follows:
31	31		(a) A person may not refuse to sell or rent, after the making
32	32		of a bona fide offer, refuse to negotiate for the sale or rental of,
33	33		or in any other manner make unavailable or deny a dwelling to
34	34		another because of race, color, religion, sex, familial status,
35	35		[or] national origin, sexual orientation, or gender identity or
36	36		expression.
37	37		(b) A person may not discriminate against another in the
38	38		terms, conditions, or privileges of sale or rental of a dwelling or
39	39		in providing services or facilities in connection with a sale or
40	40		rental of a dwelling because of race, color, religion, sex,
41	41		familial status, [or] national origin, sexual orientation, or
42	42		gender identity or expression.
43	43		SECTION 3. Section 301.022, Property Code, is amended to
44	44		read as follows:
45	45		Sec. 301.022. PUBLICATION. A person may not make, print, or
46	46		publish or effect the making, printing, or publishing of a notice,
47	47		statement, or advertisement that is about the sale or rental of a
48	48		dwelling and that indicates any preference, limitation, or
49	49		discrimination or the intention to make a preference, limitation,
50	50		or discrimination because of race, color, religion, sex,
51	51		disability, familial status, [or] national origin, sexual
52	52		orientation, or gender identity or expression.
53	53		SECTION 4. Section 301.023, Property Code, is amended to
54	54		read as follows:
55	55		Sec. 301.023. INSPECTION. A person may not represent to
56	56		another because of race, color, religion, sex, disability, familial
57	57		status, [or] national origin, sexual orientation, or gender
58	58		identity or expression that a dwelling is not available for
59	59		inspection for sale or rental when the dwelling is available for
60	60		inspection.
61	61		SECTION 5. Section 301.024, Property Code, is amended to
62	62		read as follows:
63	63		Sec. 301.024. ENTRY INTO NEIGHBORHOOD. A person may not,
64	64		for profit, induce or attempt to induce another to sell or rent a
65	65		dwelling by representations regarding the entry or prospective
66	66		entry into a neighborhood of a person of a particular race, color,
67	67		religion, sex, disability, familial status, [or] national origin,
68	68		sexual orientation, or gender identity or expression.
69	69		SECTION 6. Section 301.026(a), Property Code, is amended to
70	70		read as follows:
71	71		(a) A person whose business includes engaging in
72	72		residential real estate related transactions may not discriminate
73	73		against another in making a real estate related transaction
74	74		available or in the terms or conditions of a real estate related
75	75		transaction because of race, color, religion, sex, disability,
76	76		familial status, [or] national origin, sexual orientation, or
77	77		gender identity or expression.
78	78		SECTION 7. Section 301.027, Property Code, is amended to
79	79		read as follows:
80	80		Sec. 301.027. BROKERAGE SERVICES. A person may not deny
81	81		another access to, or membership or participation in, a
82	82		multiple-listing service, real estate brokers' organization, or
83	83		other service, organization, or facility relating to the business
84	84		of selling or renting dwellings, or discriminate against a person
85	85		in the terms or conditions of access, membership, or participation
86	86		in such an organization, service, or facility because of race,
87	87		color, religion, sex, disability, familial status, [or] national
88	88		origin, sexual orientation, or gender identity or expression.
89	89		SECTION 8. Sections 301.042(a) and (c), Property Code, are
90	90		amended to read as follows:
91	91		(a) This chapter does not prohibit a religious
92	92		organization, association, or society or a nonprofit institution or
93	93		organization operated, supervised, or controlled by or in
94	94		conjunction with a religious organization, association, or society
95	95		from:
96	96		(1) limiting the sale, rental, or occupancy of
97	97		dwellings that it owns or operates for other than a commercial
98	98		purpose to persons of the same religion; or
99	99		(2) giving preference to persons of the same religion,
100	100		unless membership in the religion is restricted because of race,
101	101		color, sex, disability, familial status, [or] national origin,
102	102		sexual orientation, or gender identity or expression.
103	103		(c) This chapter does not prohibit a person engaged in the
104	104		business of furnishing appraisals of real property from considering
105	105		in those appraisals factors other than race, color, religion, sex,
106	106		disability, familial status, [or] national origin, sexual
107	107		orientation, or gender identity or expression.
108	108		SECTION 9. Section 301.068, Property Code, is amended to
109	109		read as follows:
110	110		Sec. 301.068. REFERRAL TO MUNICIPALITY. (a) Subject to
111	111		Subsection (b), the [The] commission may defer proceedings under
112	112		this chapter and refer a complaint to a municipality that has been
113	113		certified by the federal Department of Housing and Urban
114	114		Development as a substantially equivalent fair housing agency.
115	115		(b) The commission may not defer proceedings and refer a
116	116		complaint under Subsection (a) to a municipality in which the
117	117		alleged discrimination occurred if:
118	118		(1) the complaint alleges discrimination based on
119	119		sexual orientation or gender identity or expression; and
120	120		(2) the municipality does not have laws prohibiting
121	121		the alleged discrimination.
122	122		SECTION 10. Section 301.171(a), Property Code, is amended
123	123		to read as follows:
124	124		(a) A person commits an offense if the person, without
125	125		regard to whether the person is acting under color of law, by force
126	126		or threat of force intentionally intimidates or interferes with a
127	127		person:
128	128		(1) because of the person's race, color, religion,
129	129		sex, disability, familial status, [or] national origin, sexual
130	130		orientation, or gender identity or expression and because the
131	131		person is or has been selling, purchasing, renting, financing,
132	132		occupying, or contracting or negotiating for the sale, purchase,
133	133		rental, financing, or occupation of any dwelling or applying for or
134	134		participating in a service, organization, or facility relating to
135	135		the business of selling or renting dwellings; or
136	136		(2) because the person is or has been or to intimidate
137	137		the person from:
138	138		(A) participating, without discrimination
139	139		because of race, color, religion, sex, disability, familial status,
140	140		[or] national origin, sexual orientation, or gender identity or
141	141		expression, in an activity, service, organization, or facility
142	142		described by Subdivision (1); [or]
143	143		(B) affording another person opportunity or
144	144		protection to so participate; or
145	145		(C) lawfully aiding or encouraging other persons
146	146		to participate, without discrimination because of race, color,
147	147		religion, sex, disability, familial status, [or] national origin,
148	148		sexual orientation, or gender identity or expression, in an
149	149		activity, service, organization, or facility described by
150	150		Subdivision (1).
151	151		SECTION 11. The change in law made by this Act applies only
152	152		to a complaint filed with the Texas Workforce Commission civil
153	153		rights division on or after the effective date of this Act. A
154	154		complaint filed before that date is governed by the law as it
155	155		existed immediately before the effective date of this Act, and that
156	156		law is continued in effect for that purpose.
157	157		SECTION 12. This Act takes effect September 1, 2021.