By: RodrÃguez Ramos H.B. No. 5373
A BILL TO BE ENTITLED
AN ACT
relating to the prohibition of caste-based discrimination.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. GENERAL PROVISIONS
SECTION 1.01. This Act prohibits discrimination based on
caste and ensures equal protections under Texas law.
SECTION 1.02. The Legislature finds that:
(1) Caste-based discrimination continues to impact
individuals and communities, causing harm to their dignity and
quality of life as well as denial of and exclusion from
opportunities.
(2) The State of Texas is committed to upholding
equality and ensuring protection against all forms of
discrimination.
(3) This Act is created to prohibit caste-based
discrimination in hiring and workplaces, educational institutions,
and housing.
ARTICLE 2. HIRING AND WORKPLACES
SECTION 2.01. Sec. 21.002, Labor Code, is amended by adding
Subdivisions (15) and (16) to read as follows:
(15) "Ancestry" means a person's lineage, ethnic
background, or descent, including familial or hereditary ties,
regardless of cultural, national, or ethnic associations.
(16) "Caste" means a system of inherited social
stratification where social status is passed down through
hierarchical divisions within society.
SECTION 2.02. Sec. 21.051, Labor Code, is amended to read as
follows:
Sec. 21.051. DISCRIMINATION BY EMPLOYER. An employer
commits an unlawful employment practice if because of race, color,
disability, religion, sex, national origin, [or] age, caste, or
ancestry the employer:
(1) fails or refuses to hire an individual, discharges
an individual, or discriminates in any other manner against an
individual in connection with compensation or the terms,
conditions, or privileges of employment; or
(2) limits, segregates, or classifies an employee or
applicant for employment in a manner that would deprive or tend to
deprive an individual of any employment opportunity or adversely
affect in any other manner the status of an employee.
SECTION 2.03. Sec. 21.052, Labor Code, is amended to read as
follows:
Sec. 21.052. DISCRIMINATION BY EMPLOYMENT AGENCY. An
employment agency commits an unlawful employment practice if the
employment agency:
(1) fails or refuses to refer for employment or
discriminates in any other manner against an individual because of
race, color, disability, religion, sex, national origin, [or] age,
caste, or ancestry; or
(2) classifies or refers an individual for employment
on the basis of race, color, disability, religion, sex, national
origin, [or] age, caste, or ancestry.
SECTION 2.04. Sec. 21.053, Labor Code, is amended to read as
follows:
Sec. 21.053. DISCRIMINATION BY LABOR ORGANIZATION. A labor
organization commits an unlawful employment practice if because of
race, color, disability, religion, sex, national origin, [or] age,
caste, or ancestry the labor organization:
(1) excludes or expels from membership or
discriminates in any other manner against an individual; or
(2) limits, segregates, or classifies a member or an
applicant for membership or classifies or fails or refuses to refer
for employment an individual in a manner that would:
(A) deprive or tend to deprive an individual of
any employment opportunity;
(B) limit an employment opportunity or adversely
affect in any other manner the status of an employee or of an
applicant for employment; or
(C) cause or attempt to cause an employer to
violate this subchapter.
SECTION 2.05. Sec. 21.054(a), Labor Code, is amended to
read as follows:
Sec. 21.054. ADMISSION OR PARTICIPATION IN TRAINING
PROGRAM. (a) Unless a training or retraining opportunity or
program is provided under an affirmative action plan approved under
a federal law, rule, or order, an employer, labor organization, or
joint labor-management committee controlling an apprenticeship,
on-the-job training, or other training or retraining program
commits an unlawful employment practice if the employer, labor
organization, or committee discriminates against an individual
because of race, color, disability, religion, sex, national origin,
[or] age, caste, or ancestry in admission to or participation in the
program.
SECTION 2.06. Sec. 21.059, Labor Code, is amended to read as
follows:
Sec. 21.059. DISCRIMINATORY NOTICE OR ADVERTISEMENT. (a)
An employer, labor organization, employment agency, or joint
labor-management committee controlling an apprenticeship,
on-the-job training, or other training or retraining program
commits an unlawful employment practice if the employer, labor
organization, employment agency, or committee prints or publishes
or causes to be printed or published a notice or advertisement
relating to employment that:
(1) indicates a preference, limitation,
specification, or discrimination based on race, color, disability,
religion, sex, national origin, [or] age, caste, or ancestry; and
(2) concerns an employee's status, employment, or
admission to or membership or participation in a labor union or
training or retraining program.
(b) This section does not apply if disability, religion,
sex, national origin, [or] age, caste, or ancestry is a bona fide
occupational qualification.
ARTICLE 3. EDUCATIONAL INSTITUTIONS
SECTION 3.01. Sec. 1.002, Education Code, is amended by
adding Subsection (c) to read as follows:
(c) An educational institution may not discriminate based
on race, color, disability, religion, sex, national origin, age,
caste, or ancestry.
(1) "Ancestry" means a person's lineage, ethnic
background, or descent, including familial or hereditary ties,
regardless of cultural, national, or ethnic associations.
(2) "Caste" means a system of inherited social
stratification where social status is passed down through
hierarchical divisions within society.
ARTICLE 4. HOUSING
SECTION 4.01. Sec. 301.003, Property Code, is amended by
adding Subdivisions (13) and (14) to read as follows:
(13) "Ancestry" means a person's lineage, ethnic
background, or descent, including familial or hereditary ties,
regardless of cultural, national, or ethnic associations.
(14) "Caste" means a system of inherited social
stratification where social status is passed down through
hierarchical divisions within society.
SECTION 4.02. Sec. 301.021, Property Code, is amended to
read as follows:
Sec. 301.021. SALE OR RENTAL. (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, caste, or
ancestry.
(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, caste, or ancestry.
(c) This section does not prohibit discrimination against a
person because the person has been convicted under federal law or
the law of any state of the illegal manufacture or distribution of a
controlled substance.
SECTION 4.03. Sec. 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, caste, or
ancestry.
SECTION 4.04. Sec. 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, caste, or ancestry that a dwelling is
not available for inspection for sale or rental when the dwelling is
available for inspection.
SECTION 4.05. Sec. 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,
caste, or ancestry.
SECTION 4.06. Sec. 301.026(a), Property Code, is amended to
read as follows:
Sec. 301.026. RESIDENTIAL REAL ESTATE RELATED TRANSACTION.
(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, caste, or ancestry.
SECTION 4.07. Sec. 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, caste, or ancestry.
ARTICLE 5. EFFECTIVE DATE
SECTION 5.01. This Act takes effect September 1, 2025.