Texas 2023 - 88th Regular

Texas House Bill HB265 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Bernal H.B. No. 265
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4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the prohibition of housing discrimination on the basis
7	7	of sexual orientation or gender identity and to the enforcement of
8	8	that prohibition.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 301.003, Property Code, is amended by
11	11	amending Subdivision (6) and adding Subdivisions (9-a) and (10-a)
12	12	to read as follows:
13	13	(6) "Disability" means a mental or physical impairment
14	14	that substantially limits at least one major life activity, a
15	15	record of the impairment, or being regarded as having the
16	16	impairment. The term does not include current illegal use or
17	17	addiction to any drug or illegal or federally controlled substance
18	18	[and does not apply to an individual because of an individual's
19	19	sexual orientation or because that individual is a transvestite].
20	20	(9-a) "Gender identity" means the gender-related
21	21	identity, appearance, or other gender-related characteristics of
22	22	an individual with or without regard to the individual's designated
23	23	sex at birth.
24	24	(10-a) "Sexual orientation" means an individual's
25	25	actual or perceived heterosexuality, bisexuality, or
26	26	homosexuality.
27	27	SECTION 2. Sections 301.021(a) and (b), Property Code, are
28	28	amended to read as follows:
29	29	(a) A person may not refuse to sell or rent, after the making
30	30	of a bona fide offer, refuse to negotiate for the sale or rental of,
31	31	or in any other manner make unavailable or deny a dwelling to
32	32	another because of race, color, religion, sex, familial status,
33	33	[or] national origin, sexual orientation, or gender identity.
34	34	(b) A person may not discriminate against another in the
35	35	terms, conditions, or privileges of sale or rental of a dwelling or
36	36	in providing services or facilities in connection with a sale or
37	37	rental of a dwelling because of race, color, religion, sex,
38	38	familial status, [or] national origin, sexual orientation, or
39	39	gender identity.
40	40	SECTION 3. Section 301.022, Property Code, is amended to
41	41	read as follows:
42	42	Sec. 301.022. PUBLICATION. A person may not make, print, or
43	43	publish or effect the making, printing, or publishing of a notice,
44	44	statement, or advertisement that is about the sale or rental of a
45	45	dwelling and that indicates any preference, limitation, or
46	46	discrimination or the intention to make a preference, limitation,
47	47	or discrimination because of race, color, religion, sex,
48	48	disability, familial status, [or] national origin, sexual
49	49	orientation, or gender identity.
50	50	SECTION 4. Section 301.023, Property Code, is amended to
51	51	read as follows:
52	52	Sec. 301.023. INSPECTION. A person may not represent to
53	53	another because of race, color, religion, sex, disability, familial
54	54	status, [or] national origin, sexual orientation, or gender
55	55	identity that a dwelling is not available for inspection for sale or
56	56	rental when the dwelling is available for inspection.
57	57	SECTION 5. Section 301.024, Property Code, is amended to
58	58	read as follows:
59	59	Sec. 301.024. ENTRY INTO NEIGHBORHOOD. A person may not,
60	60	for profit, induce or attempt to induce another to sell or rent a
61	61	dwelling by representations regarding the entry or prospective
62	62	entry into a neighborhood of a person of a particular race, color,
63	63	religion, sex, disability, familial status, [or] national origin,
64	64	sexual orientation, or gender identity.
65	65	SECTION 6. Section 301.026(a), Property Code, is amended to
66	66	read as follows:
67	67	(a) A person whose business includes engaging in
68	68	residential real estate related transactions may not discriminate
69	69	against another in making a real estate related transaction
70	70	available or in the terms or conditions of a real estate related
71	71	transaction because of race, color, religion, sex, disability,
72	72	familial status, [or] national origin, sexual orientation, or
73	73	gender identity.
74	74	SECTION 7. Section 301.027, Property Code, is amended to
75	75	read as follows:
76	76	Sec. 301.027. BROKERAGE SERVICES. A person may not deny
77	77	another access to, or membership or participation in, a
78	78	multiple-listing service, real estate brokers' organization, or
79	79	other service, organization, or facility relating to the business
80	80	of selling or renting dwellings, or discriminate against a person
81	81	in the terms or conditions of access, membership, or participation
82	82	in such an organization, service, or facility because of race,
83	83	color, religion, sex, disability, familial status, [or] national
84	84	origin, sexual orientation, or gender identity.
85	85	SECTION 8. Sections 301.042(a) and (c), Property Code, are
86	86	amended to read as follows:
87	87	(a) This chapter does not prohibit a religious
88	88	organization, association, or society or a nonprofit institution or
89	89	organization operated, supervised, or controlled by or in
90	90	conjunction with a religious organization, association, or society
91	91	from:
92	92	(1) limiting the sale, rental, or occupancy of
93	93	dwellings that it owns or operates for other than a commercial
94	94	purpose to persons of the same religion; or
95	95	(2) giving preference to persons of the same religion,
96	96	unless membership in the religion is restricted because of race,
97	97	color, sex, disability, familial status, [or] national origin,
98	98	sexual orientation, or gender identity.
99	99	(c) This chapter does not prohibit a person engaged in the
100	100	business of furnishing appraisals of real property from considering
101	101	in those appraisals factors other than race, color, religion, sex,
102	102	disability, familial status, [or] national origin, sexual
103	103	orientation, or gender identity.
104	104	SECTION 9. Section 301.068, Property Code, is amended to
105	105	read as follows:
106	106	Sec. 301.068. REFERRAL TO MUNICIPALITY. (a) Subject to
107	107	Subsection (b), the [The] commission may defer proceedings under
108	108	this chapter and refer a complaint to a municipality that has been
109	109	certified by the federal Department of Housing and Urban
110	110	Development as a substantially equivalent fair housing agency.
111	111	(b) The commission may not defer proceedings and refer a
112	112	complaint under Subsection (a) to a municipality in which the
113	113	alleged discrimination occurred if:
114	114	(1) the complaint alleges discrimination based on
115	115	sexual orientation or gender identity; and
116	116	(2) the municipality does not have laws prohibiting
117	117	the alleged discrimination.
118	118	SECTION 10. Section 301.171(a), Property Code, is amended
119	119	to read as follows:
120	120	(a) A person commits an offense if the person, without
121	121	regard to whether the person is acting under color of law, by force
122	122	or threat of force intentionally intimidates or interferes with a
123	123	person:
124	124	(1) because of the person's race, color, religion,
125	125	sex, disability, familial status, [or] national origin, sexual
126	126	orientation, or gender identity and because the person is or has
127	127	been selling, purchasing, renting, financing, occupying, or
128	128	contracting or negotiating for the sale, purchase, rental,
129	129	financing, or occupation of any dwelling or applying for or
130	130	participating in a service, organization, or facility relating to
131	131	the business of selling or renting dwellings; or
132	132	(2) because the person is or has been or to intimidate
133	133	the person from:
134	134	(A) participating, without discrimination
135	135	because of race, color, religion, sex, disability, familial status,
136	136	[or] national origin, sexual orientation, or gender identity, in an
137	137	activity, service, organization, or facility described by
138	138	Subdivision (1); [or]
139	139	(B) affording another person opportunity or
140	140	protection to so participate; or
141	141	(C) lawfully aiding or encouraging other persons
142	142	to participate, without discrimination because of race, color,
143	143	religion, sex, disability, familial status, [or] national origin,
144	144	sexual orientation, or gender identity, in an activity, service,
145	145	organization, or facility described by Subdivision (1).
146	146	SECTION 11. The change in law made by this Act applies only
147	147	to a complaint filed with the Texas Workforce Commission civil
148	148	rights division on or after the effective date of this Act. A
149	149	complaint filed before that date is governed by the law as it
150	150	existed immediately before the effective date of this Act, and that
151	151	law is continued in effect for that purpose.
152	152	SECTION 12. This Act takes effect September 1, 2023.