By: Bernal H.B. No. 265
A BILL TO BE ENTITLED
AN ACT
relating to the prohibition of housing discrimination on the basis
of sexual orientation or gender identity and to the enforcement of
that prohibition.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 301.003, Property Code, is amended by
amending Subdivision (6) and adding Subdivisions (9-a) and (10-a)
to read as follows:
(6) "Disability" means a mental or physical impairment
that substantially limits at least one major life activity, a
record of the impairment, or being regarded as having the
impairment. The term does not include current illegal use or
addiction to any drug or illegal or federally controlled substance
[and does not apply to an individual because of an individual's
sexual orientation or because that individual is a transvestite].
(9-a) "Gender identity" means the gender-related
identity, appearance, or other gender-related characteristics of
an individual with or without regard to the individual's designated
sex at birth.
(10-a) "Sexual orientation" means an individual's
actual or perceived heterosexuality, bisexuality, or
homosexuality.
SECTION 2. Sections 301.021(a) and (b), Property Code, are
amended to read as follows:
(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, sexual orientation, or gender identity.
(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, sexual orientation, or
gender identity.
SECTION 3. Section 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, sexual
orientation, or gender identity.
SECTION 4. Section 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, sexual orientation, or gender
identity that a dwelling is not available for inspection for sale or
rental when the dwelling is available for inspection.
SECTION 5. Section 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,
sexual orientation, or gender identity.
SECTION 6. Section 301.026(a), Property Code, is amended to
read as follows:
(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, sexual orientation, or
gender identity.
SECTION 7. Section 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, sexual orientation, or gender identity.
SECTION 8. Sections 301.042(a) and (c), Property Code, are
amended to read as follows:
(a) This chapter does not prohibit a religious
organization, association, or society or a nonprofit institution or
organization operated, supervised, or controlled by or in
conjunction with a religious organization, association, or society
from:
(1) limiting the sale, rental, or occupancy of
dwellings that it owns or operates for other than a commercial
purpose to persons of the same religion; or
(2) giving preference to persons of the same religion,
unless membership in the religion is restricted because of race,
color, sex, disability, familial status, [or] national origin,
sexual orientation, or gender identity.
(c) This chapter does not prohibit a person engaged in the
business of furnishing appraisals of real property from considering
in those appraisals factors other than race, color, religion, sex,
disability, familial status, [or] national origin, sexual
orientation, or gender identity.
SECTION 9. Section 301.068, Property Code, is amended to
read as follows:
Sec. 301.068. REFERRAL TO MUNICIPALITY. (a) Subject to
Subsection (b), the [The] commission may defer proceedings under
this chapter and refer a complaint to a municipality that has been
certified by the federal Department of Housing and Urban
Development as a substantially equivalent fair housing agency.
(b) The commission may not defer proceedings and refer a
complaint under Subsection (a) to a municipality in which the
alleged discrimination occurred if:
(1) the complaint alleges discrimination based on
sexual orientation or gender identity; and
(2) the municipality does not have laws prohibiting
the alleged discrimination.
SECTION 10. Section 301.171(a), Property Code, is amended
to read as follows:
(a) A person commits an offense if the person, without
regard to whether the person is acting under color of law, by force
or threat of force intentionally intimidates or interferes with a
person:
(1) because of the person's race, color, religion,
sex, disability, familial status, [or] national origin, sexual
orientation, or gender identity and because the person is or has
been selling, purchasing, renting, financing, occupying, or
contracting or negotiating for the sale, purchase, rental,
financing, or occupation of any dwelling or applying for or
participating in a service, organization, or facility relating to
the business of selling or renting dwellings; or
(2) because the person is or has been or to intimidate
the person from:
(A) participating, without discrimination
because of race, color, religion, sex, disability, familial status,
[or] national origin, sexual orientation, or gender identity, in an
activity, service, organization, or facility described by
Subdivision (1); [or]
(B) affording another person opportunity or
protection to so participate; or
(C) lawfully aiding or encouraging other persons
to participate, without discrimination because of race, color,
religion, sex, disability, familial status, [or] national origin,
sexual orientation, or gender identity, in an activity, service,
organization, or facility described by Subdivision (1).
SECTION 11. The change in law made by this Act applies only
to a complaint filed with the Texas Workforce Commission civil
rights division on or after the effective date of this Act. A
complaint filed before that date is governed by the law as it
existed immediately before the effective date of this Act, and that
law is continued in effect for that purpose.
SECTION 12. This Act takes effect September 1, 2023.