2 | 4 | | |
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3 | 5 | | |
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4 | 6 | | A BILL TO BE ENTITLED |
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5 | 7 | | AN ACT |
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6 | 8 | | relating to the prohibition of caste-based discrimination. |
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7 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 10 | | ARTICLE 1. GENERAL PROVISIONS |
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9 | 11 | | SECTION 1.01. This Act prohibits discrimination based on |
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10 | 12 | | caste and ensures equal protections under Texas law. |
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11 | 13 | | SECTION 1.02. The Legislature finds that: |
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12 | 14 | | (1) Caste-based discrimination continues to impact |
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13 | 15 | | individuals and communities, causing harm to their dignity and |
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14 | 16 | | quality of life as well as denial of and exclusion from |
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15 | 17 | | opportunities. |
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16 | 18 | | (2) The State of Texas is committed to upholding |
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17 | 19 | | equality and ensuring protection against all forms of |
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18 | 20 | | discrimination. |
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19 | 21 | | (3) This Act is created to prohibit caste-based |
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20 | 22 | | discrimination in hiring and workplaces, educational institutions, |
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21 | 23 | | and housing. |
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22 | 24 | | ARTICLE 2. HIRING AND WORKPLACES |
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23 | 25 | | SECTION 2.01. Sec. 21.002, Labor Code, is amended by adding |
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24 | 26 | | Subdivisions (15) and (16) to read as follows: |
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25 | 27 | | (15) "Ancestry" means a person's lineage, ethnic |
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26 | 28 | | background, or descent, including familial or hereditary ties, |
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27 | 29 | | regardless of cultural, national, or ethnic associations. |
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28 | 30 | | (16) "Caste" means a system of inherited social |
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29 | 31 | | stratification where social status is passed down through |
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30 | 32 | | hierarchical divisions within society. |
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31 | 33 | | SECTION 2.02. Sec. 21.051, Labor Code, is amended to read as |
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32 | 34 | | follows: |
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33 | 35 | | Sec. 21.051. DISCRIMINATION BY EMPLOYER. An employer |
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34 | 36 | | commits an unlawful employment practice if because of race, color, |
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35 | 37 | | disability, religion, sex, national origin, [or] age, caste, or |
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36 | 38 | | ancestry the employer: |
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37 | 39 | | (1) fails or refuses to hire an individual, discharges |
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38 | 40 | | an individual, or discriminates in any other manner against an |
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39 | 41 | | individual in connection with compensation or the terms, |
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40 | 42 | | conditions, or privileges of employment; or |
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41 | 43 | | (2) limits, segregates, or classifies an employee or |
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42 | 44 | | applicant for employment in a manner that would deprive or tend to |
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43 | 45 | | deprive an individual of any employment opportunity or adversely |
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44 | 46 | | affect in any other manner the status of an employee. |
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45 | 47 | | SECTION 2.03. Sec. 21.052, Labor Code, is amended to read as |
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46 | 48 | | follows: |
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47 | 49 | | Sec. 21.052. DISCRIMINATION BY EMPLOYMENT AGENCY. An |
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48 | 50 | | employment agency commits an unlawful employment practice if the |
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49 | 51 | | employment agency: |
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50 | 52 | | (1) fails or refuses to refer for employment or |
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51 | 53 | | discriminates in any other manner against an individual because of |
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52 | 54 | | race, color, disability, religion, sex, national origin, [or] age, |
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53 | 55 | | caste, or ancestry; or |
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54 | 56 | | (2) classifies or refers an individual for employment |
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55 | 57 | | on the basis of race, color, disability, religion, sex, national |
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56 | 58 | | origin, [or] age, caste, or ancestry. |
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57 | 59 | | SECTION 2.04. Sec. 21.053, Labor Code, is amended to read as |
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58 | 60 | | follows: |
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59 | 61 | | Sec. 21.053. DISCRIMINATION BY LABOR ORGANIZATION. A labor |
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60 | 62 | | organization commits an unlawful employment practice if because of |
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61 | 63 | | race, color, disability, religion, sex, national origin, [or] age, |
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62 | 64 | | caste, or ancestry the labor organization: |
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63 | 65 | | (1) excludes or expels from membership or |
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64 | 66 | | discriminates in any other manner against an individual; or |
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65 | 67 | | (2) limits, segregates, or classifies a member or an |
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66 | 68 | | applicant for membership or classifies or fails or refuses to refer |
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67 | 69 | | for employment an individual in a manner that would: |
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68 | 70 | | (A) deprive or tend to deprive an individual of |
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69 | 71 | | any employment opportunity; |
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70 | 72 | | (B) limit an employment opportunity or adversely |
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71 | 73 | | affect in any other manner the status of an employee or of an |
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72 | 74 | | applicant for employment; or |
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73 | 75 | | (C) cause or attempt to cause an employer to |
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74 | 76 | | violate this subchapter. |
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75 | 77 | | SECTION 2.05. Sec. 21.054(a), Labor Code, is amended to |
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76 | 78 | | read as follows: |
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77 | 79 | | Sec. 21.054. ADMISSION OR PARTICIPATION IN TRAINING |
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78 | 80 | | PROGRAM. (a) Unless a training or retraining opportunity or |
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79 | 81 | | program is provided under an affirmative action plan approved under |
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80 | 82 | | a federal law, rule, or order, an employer, labor organization, or |
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81 | 83 | | joint labor-management committee controlling an apprenticeship, |
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82 | 84 | | on-the-job training, or other training or retraining program |
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83 | 85 | | commits an unlawful employment practice if the employer, labor |
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84 | 86 | | organization, or committee discriminates against an individual |
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85 | 87 | | because of race, color, disability, religion, sex, national origin, |
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86 | 88 | | [or] age, caste, or ancestry in admission to or participation in the |
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87 | 89 | | program. |
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88 | 90 | | SECTION 2.06. Sec. 21.059, Labor Code, is amended to read as |
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89 | 91 | | follows: |
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90 | 92 | | Sec. 21.059. DISCRIMINATORY NOTICE OR ADVERTISEMENT. (a) |
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91 | 93 | | An employer, labor organization, employment agency, or joint |
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92 | 94 | | labor-management committee controlling an apprenticeship, |
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93 | 95 | | on-the-job training, or other training or retraining program |
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94 | 96 | | commits an unlawful employment practice if the employer, labor |
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95 | 97 | | organization, employment agency, or committee prints or publishes |
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96 | 98 | | or causes to be printed or published a notice or advertisement |
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97 | 99 | | relating to employment that: |
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98 | 100 | | (1) indicates a preference, limitation, |
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99 | 101 | | specification, or discrimination based on race, color, disability, |
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100 | 102 | | religion, sex, national origin, [or] age, caste, or ancestry; and |
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101 | 103 | | (2) concerns an employee's status, employment, or |
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102 | 104 | | admission to or membership or participation in a labor union or |
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103 | 105 | | training or retraining program. |
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104 | 106 | | (b) This section does not apply if disability, religion, |
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105 | 107 | | sex, national origin, [or] age, caste, or ancestry is a bona fide |
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106 | 108 | | occupational qualification. |
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107 | 109 | | ARTICLE 3. EDUCATIONAL INSTITUTIONS |
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108 | 110 | | SECTION 3.01. Sec. 1.002, Education Code, is amended by |
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109 | 111 | | adding Subsection (c) to read as follows: |
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110 | 112 | | (c) An educational institution may not discriminate based |
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111 | 113 | | on race, color, disability, religion, sex, national origin, age, |
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112 | 114 | | caste, or ancestry. |
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113 | 115 | | (1) "Ancestry" means a person's lineage, ethnic |
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114 | 116 | | background, or descent, including familial or hereditary ties, |
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115 | 117 | | regardless of cultural, national, or ethnic associations. |
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116 | 118 | | (2) "Caste" means a system of inherited social |
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117 | 119 | | stratification where social status is passed down through |
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118 | 120 | | hierarchical divisions within society. |
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119 | 121 | | ARTICLE 4. HOUSING |
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120 | 122 | | SECTION 4.01. Sec. 301.003, Property Code, is amended by |
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121 | 123 | | adding Subdivisions (13) and (14) to read as follows: |
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122 | 124 | | (13) "Ancestry" means a person's lineage, ethnic |
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123 | 125 | | background, or descent, including familial or hereditary ties, |
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124 | 126 | | regardless of cultural, national, or ethnic associations. |
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125 | 127 | | (14) "Caste" means a system of inherited social |
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126 | 128 | | stratification where social status is passed down through |
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127 | 129 | | hierarchical divisions within society. |
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128 | 130 | | SECTION 4.02. Sec. 301.021, Property Code, is amended to |
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129 | 131 | | read as follows: |
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130 | 132 | | Sec. 301.021. SALE OR RENTAL. (a) A person may not refuse |
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131 | 133 | | to sell or rent, after the making of a bona fide offer, refuse to |
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132 | 134 | | negotiate for the sale or rental of, or in any other manner make |
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133 | 135 | | unavailable or deny a dwelling to another because of race, color, |
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134 | 136 | | religion, sex, familial status, [or] national origin, caste, or |
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135 | 137 | | ancestry. |
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136 | 138 | | (b) A person may not discriminate against another in the |
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137 | 139 | | terms, conditions, or privileges of sale or rental of a dwelling or |
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138 | 140 | | in providing services or facilities in connection with a sale or |
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139 | 141 | | rental of a dwelling because of race, color, religion, sex, |
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140 | 142 | | familial status, [or] national origin, caste, or ancestry. |
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141 | 143 | | (c) This section does not prohibit discrimination against a |
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142 | 144 | | person because the person has been convicted under federal law or |
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143 | 145 | | the law of any state of the illegal manufacture or distribution of a |
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144 | 146 | | controlled substance. |
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145 | 147 | | SECTION 4.03. Sec. 301.022, Property Code, is amended to |
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146 | 148 | | read as follows: |
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147 | 149 | | Sec. 301.022. PUBLICATION. A person may not make, print, or |
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148 | 150 | | publish or effect the making, printing, or publishing of a notice, |
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149 | 151 | | statement, or advertisement that is about the sale or rental of a |
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150 | 152 | | dwelling and that indicates any preference, limitation, or |
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151 | 153 | | discrimination or the intention to make a preference, limitation, |
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152 | 154 | | or discrimination because of race, color, religion, sex, |
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153 | 155 | | disability, familial status, [or] national origin, caste, or |
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154 | 156 | | ancestry. |
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155 | 157 | | SECTION 4.04. Sec. 301.023, Property Code, is amended to |
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156 | 158 | | read as follows: |
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157 | 159 | | Sec. 301.023. INSPECTION. A person may not represent to |
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158 | 160 | | another because of race, color, religion, sex, disability, familial |
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159 | 161 | | status, [or] national origin, caste, or ancestry that a dwelling is |
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160 | 162 | | not available for inspection for sale or rental when the dwelling is |
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161 | 163 | | available for inspection. |
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162 | 164 | | SECTION 4.05. Sec. 301.024, Property Code, is amended to |
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163 | 165 | | read as follows: |
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164 | 166 | | Sec. 301.024. ENTRY INTO NEIGHBORHOOD. A person may not, |
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165 | 167 | | for profit, induce or attempt to induce another to sell or rent a |
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166 | 168 | | dwelling by representations regarding the entry or prospective |
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167 | 169 | | entry into a neighborhood of a person of a particular race, color, |
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168 | 170 | | religion, sex, disability, familial status, [or] national origin, |
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169 | 171 | | caste, or ancestry. |
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170 | 172 | | SECTION 4.06. Sec. 301.026(a), Property Code, is amended to |
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171 | 173 | | read as follows: |
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172 | 174 | | Sec. 301.026. RESIDENTIAL REAL ESTATE RELATED TRANSACTION. |
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173 | 175 | | (a) A person whose business includes engaging in residential real |
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174 | 176 | | estate related transactions may not discriminate against another in |
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175 | 177 | | making a real estate related transaction available or in the terms |
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176 | 178 | | or conditions of a real estate related transaction because of race, |
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177 | 179 | | color, religion, sex, disability, familial status, [or] national |
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178 | 180 | | origin, caste, or ancestry. |
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179 | 181 | | SECTION 4.07. Sec. 301.027, Property Code, is amended to |
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180 | 182 | | read as follows: |
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181 | 183 | | Sec. 301.027. BROKERAGE SERVICES. A person may not deny |
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182 | 184 | | another access to, or membership or participation in, a |
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183 | 185 | | multiple-listing service, real estate brokers' organization, or |
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184 | 186 | | other service, organization, or facility relating to the business |
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185 | 187 | | of selling or renting dwellings, or discriminate against a person |
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186 | 188 | | in the terms or conditions of access, membership, or participation |
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187 | 189 | | in such an organization, service, or facility because of race, |
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188 | 190 | | color, religion, sex, disability, familial status, [or] national |
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189 | 191 | | origin, caste, or ancestry. |
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190 | 192 | | ARTICLE 5. EFFECTIVE DATE |
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191 | 193 | | SECTION 5.01. This Act takes effect September 1, 2025. |
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