Texas 2025 - 89th Regular

Texas House Bill HB5373 Compare Versions

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11 By: Rodríguez Ramos H.B. No. 5373
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46 A BILL TO BE ENTITLED
57 AN ACT
68 relating to the prohibition of caste-based discrimination.
79 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
810 ARTICLE 1. GENERAL PROVISIONS
911 SECTION 1.01. This Act prohibits discrimination based on
1012 caste and ensures equal protections under Texas law.
1113 SECTION 1.02. The Legislature finds that:
1214 (1) Caste-based discrimination continues to impact
1315 individuals and communities, causing harm to their dignity and
1416 quality of life as well as denial of and exclusion from
1517 opportunities.
1618 (2) The State of Texas is committed to upholding
1719 equality and ensuring protection against all forms of
1820 discrimination.
1921 (3) This Act is created to prohibit caste-based
2022 discrimination in hiring and workplaces, educational institutions,
2123 and housing.
2224 ARTICLE 2. HIRING AND WORKPLACES
2325 SECTION 2.01. Sec. 21.002, Labor Code, is amended by adding
2426 Subdivisions (15) and (16) to read as follows:
2527 (15) "Ancestry" means a person's lineage, ethnic
2628 background, or descent, including familial or hereditary ties,
2729 regardless of cultural, national, or ethnic associations.
2830 (16) "Caste" means a system of inherited social
2931 stratification where social status is passed down through
3032 hierarchical divisions within society.
3133 SECTION 2.02. Sec. 21.051, Labor Code, is amended to read as
3234 follows:
3335 Sec. 21.051. DISCRIMINATION BY EMPLOYER. An employer
3436 commits an unlawful employment practice if because of race, color,
3537 disability, religion, sex, national origin, [or] age, caste, or
3638 ancestry the employer:
3739 (1) fails or refuses to hire an individual, discharges
3840 an individual, or discriminates in any other manner against an
3941 individual in connection with compensation or the terms,
4042 conditions, or privileges of employment; or
4143 (2) limits, segregates, or classifies an employee or
4244 applicant for employment in a manner that would deprive or tend to
4345 deprive an individual of any employment opportunity or adversely
4446 affect in any other manner the status of an employee.
4547 SECTION 2.03. Sec. 21.052, Labor Code, is amended to read as
4648 follows:
4749 Sec. 21.052. DISCRIMINATION BY EMPLOYMENT AGENCY. An
4850 employment agency commits an unlawful employment practice if the
4951 employment agency:
5052 (1) fails or refuses to refer for employment or
5153 discriminates in any other manner against an individual because of
5254 race, color, disability, religion, sex, national origin, [or] age,
5355 caste, or ancestry; or
5456 (2) classifies or refers an individual for employment
5557 on the basis of race, color, disability, religion, sex, national
5658 origin, [or] age, caste, or ancestry.
5759 SECTION 2.04. Sec. 21.053, Labor Code, is amended to read as
5860 follows:
5961 Sec. 21.053. DISCRIMINATION BY LABOR ORGANIZATION. A labor
6062 organization commits an unlawful employment practice if because of
6163 race, color, disability, religion, sex, national origin, [or] age,
6264 caste, or ancestry the labor organization:
6365 (1) excludes or expels from membership or
6466 discriminates in any other manner against an individual; or
6567 (2) limits, segregates, or classifies a member or an
6668 applicant for membership or classifies or fails or refuses to refer
6769 for employment an individual in a manner that would:
6870 (A) deprive or tend to deprive an individual of
6971 any employment opportunity;
7072 (B) limit an employment opportunity or adversely
7173 affect in any other manner the status of an employee or of an
7274 applicant for employment; or
7375 (C) cause or attempt to cause an employer to
7476 violate this subchapter.
7577 SECTION 2.05. Sec. 21.054(a), Labor Code, is amended to
7678 read as follows:
7779 Sec. 21.054. ADMISSION OR PARTICIPATION IN TRAINING
7880 PROGRAM. (a) Unless a training or retraining opportunity or
7981 program is provided under an affirmative action plan approved under
8082 a federal law, rule, or order, an employer, labor organization, or
8183 joint labor-management committee controlling an apprenticeship,
8284 on-the-job training, or other training or retraining program
8385 commits an unlawful employment practice if the employer, labor
8486 organization, or committee discriminates against an individual
8587 because of race, color, disability, religion, sex, national origin,
8688 [or] age, caste, or ancestry in admission to or participation in the
8789 program.
8890 SECTION 2.06. Sec. 21.059, Labor Code, is amended to read as
8991 follows:
9092 Sec. 21.059. DISCRIMINATORY NOTICE OR ADVERTISEMENT. (a)
9193 An employer, labor organization, employment agency, or joint
9294 labor-management committee controlling an apprenticeship,
9395 on-the-job training, or other training or retraining program
9496 commits an unlawful employment practice if the employer, labor
9597 organization, employment agency, or committee prints or publishes
9698 or causes to be printed or published a notice or advertisement
9799 relating to employment that:
98100 (1) indicates a preference, limitation,
99101 specification, or discrimination based on race, color, disability,
100102 religion, sex, national origin, [or] age, caste, or ancestry; and
101103 (2) concerns an employee's status, employment, or
102104 admission to or membership or participation in a labor union or
103105 training or retraining program.
104106 (b) This section does not apply if disability, religion,
105107 sex, national origin, [or] age, caste, or ancestry is a bona fide
106108 occupational qualification.
107109 ARTICLE 3. EDUCATIONAL INSTITUTIONS
108110 SECTION 3.01. Sec. 1.002, Education Code, is amended by
109111 adding Subsection (c) to read as follows:
110112 (c) An educational institution may not discriminate based
111113 on race, color, disability, religion, sex, national origin, age,
112114 caste, or ancestry.
113115 (1) "Ancestry" means a person's lineage, ethnic
114116 background, or descent, including familial or hereditary ties,
115117 regardless of cultural, national, or ethnic associations.
116118 (2) "Caste" means a system of inherited social
117119 stratification where social status is passed down through
118120 hierarchical divisions within society.
119121 ARTICLE 4. HOUSING
120122 SECTION 4.01. Sec. 301.003, Property Code, is amended by
121123 adding Subdivisions (13) and (14) to read as follows:
122124 (13) "Ancestry" means a person's lineage, ethnic
123125 background, or descent, including familial or hereditary ties,
124126 regardless of cultural, national, or ethnic associations.
125127 (14) "Caste" means a system of inherited social
126128 stratification where social status is passed down through
127129 hierarchical divisions within society.
128130 SECTION 4.02. Sec. 301.021, Property Code, is amended to
129131 read as follows:
130132 Sec. 301.021. SALE OR RENTAL. (a) A person may not refuse
131133 to sell or rent, after the making of a bona fide offer, refuse to
132134 negotiate for the sale or rental of, or in any other manner make
133135 unavailable or deny a dwelling to another because of race, color,
134136 religion, sex, familial status, [or] national origin, caste, or
135137 ancestry.
136138 (b) A person may not discriminate against another in the
137139 terms, conditions, or privileges of sale or rental of a dwelling or
138140 in providing services or facilities in connection with a sale or
139141 rental of a dwelling because of race, color, religion, sex,
140142 familial status, [or] national origin, caste, or ancestry.
141143 (c) This section does not prohibit discrimination against a
142144 person because the person has been convicted under federal law or
143145 the law of any state of the illegal manufacture or distribution of a
144146 controlled substance.
145147 SECTION 4.03. Sec. 301.022, Property Code, is amended to
146148 read as follows:
147149 Sec. 301.022. PUBLICATION. A person may not make, print, or
148150 publish or effect the making, printing, or publishing of a notice,
149151 statement, or advertisement that is about the sale or rental of a
150152 dwelling and that indicates any preference, limitation, or
151153 discrimination or the intention to make a preference, limitation,
152154 or discrimination because of race, color, religion, sex,
153155 disability, familial status, [or] national origin, caste, or
154156 ancestry.
155157 SECTION 4.04. Sec. 301.023, Property Code, is amended to
156158 read as follows:
157159 Sec. 301.023. INSPECTION. A person may not represent to
158160 another because of race, color, religion, sex, disability, familial
159161 status, [or] national origin, caste, or ancestry that a dwelling is
160162 not available for inspection for sale or rental when the dwelling is
161163 available for inspection.
162164 SECTION 4.05. Sec. 301.024, Property Code, is amended to
163165 read as follows:
164166 Sec. 301.024. ENTRY INTO NEIGHBORHOOD. A person may not,
165167 for profit, induce or attempt to induce another to sell or rent a
166168 dwelling by representations regarding the entry or prospective
167169 entry into a neighborhood of a person of a particular race, color,
168170 religion, sex, disability, familial status, [or] national origin,
169171 caste, or ancestry.
170172 SECTION 4.06. Sec. 301.026(a), Property Code, is amended to
171173 read as follows:
172174 Sec. 301.026. RESIDENTIAL REAL ESTATE RELATED TRANSACTION.
173175 (a) A person whose business includes engaging in residential real
174176 estate related transactions may not discriminate against another in
175177 making a real estate related transaction available or in the terms
176178 or conditions of a real estate related transaction because of race,
177179 color, religion, sex, disability, familial status, [or] national
178180 origin, caste, or ancestry.
179181 SECTION 4.07. Sec. 301.027, Property Code, is amended to
180182 read as follows:
181183 Sec. 301.027. BROKERAGE SERVICES. A person may not deny
182184 another access to, or membership or participation in, a
183185 multiple-listing service, real estate brokers' organization, or
184186 other service, organization, or facility relating to the business
185187 of selling or renting dwellings, or discriminate against a person
186188 in the terms or conditions of access, membership, or participation
187189 in such an organization, service, or facility because of race,
188190 color, religion, sex, disability, familial status, [or] national
189191 origin, caste, or ancestry.
190192 ARTICLE 5. EFFECTIVE DATE
191193 SECTION 5.01. This Act takes effect September 1, 2025.