Texas 2025 - 89th Regular

Texas Senate Bill SB2104 Compare Versions

Only one version of the bill is available at this time.

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1	1	By: Blanco S.B. No. 2104
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the prohibition of military status discrimination.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 21.002, Labor Code, is amended by adding
11	11	Subdivision (11-b) to read as follows:
12	12	(11-b) "Military status" includes a person's status as a
13	13	person who:
14	14	(A) is currently serving in the armed forces of
15	15	the United States;
16	16	(B) is in a reserve component of the armed forces
17	17	of the United States, including the National Guard, or in the state
18	18	military service of any state;
19	19	(C) has served in the armed forces of the United
20	20	States, the state military forces, or an auxiliary service of a
21	21	branch of the armed forces and has been honorably discharged from
22	22	the branch of the service in which the person served; or
23	23	(D) is a spouse or child of a person who is
24	24	currently serving or has served in the armed forces of the United
25	25	States.
26	26	SECTION 2. Section 21.005, Labor Code, is amended by adding
27	27	Subsection (d) to read as follows:
28	28	(d) A provision in this chapter prohibiting discrimination
29	29	on the basis of an individual's military status does not affect the
30	30	operation or enforcement of a program under the laws of this state
31	31	or the United States that is designed to give a preference to a
32	32	military veteran in recognition of the veteran's service to this
33	33	state or the United States, including a preference authorized
34	34	under Section 302.154 or under Chapter 657, Government Code.
35	35	SECTION 3. Section 21.051, Labor Code, is amended to read as
36	36	follows:
37	37	Sec. 21.051. DISCRIMINATION BY EMPLOYER. An employer
38	38	commits an unlawful employment practice if because of race, color,
39	39	disability, religion, sex, national origin, or age, or because of
40	40	the individual's military status, the employer:
41	41	(1) fails or refuses to hire an individual, discharges
42	42	an individual, or discriminates in any other manner against an
43	43	individual in connection with compensation or the terms,
44	44	conditions, or privileges of employment; or
45	45	(2) limits, segregates, or classifies an employee or
46	46	applicant for employment in a manner that would deprive or tend to
47	47	deprive an individual of any employment opportunity or adversely
48	48	affect in any other manner the status of an employee.
49	49	SECTION 4. Section 21.052, Labor Code, is amended to read as
50	50	follows:
51	51	Sec. 21.052. DISCRIMINATION BY EMPLOYMENT AGENCY. An
52	52	employment agency commits an unlawful employment practice if the
53	53	employment agency:
54	54	(1) fails or refuses to refer for employment or
55	55	discriminates in any other manner against an individual because of
56	56	race, color, disability, religion, sex, national origin, or age, or
57	57	because of the individual's military status; or
58	58	(2) classifies or refers an individual for employment
59	59	on the basis of race, color, disability, religion, sex, national
60	60	origin, or age, or because of the individual's military status.
61	61	SECTION 5. Section 21.053, Labor Code, is amended to read as
62	62	follows:
63	63	Sec. 21.053. DISCRIMINATION BY LABOR ORGANIZATION. A labor
64	64	organization commits an unlawful employment practice if because of
65	65	race, color, disability, religion, sex, national origin, or age, or
66	66	because of the individual's military status, the labor
67	67	organization:
68	68	(1) excludes or expels from membership or
69	69	discriminates in any other manner against an individual; or
70	70	(2) limits, segregates, or classifies a member or an
71	71	applicant for membership or classifies or fails or refuses to refer
72	72	for employment an individual in a manner that would:
73	73	(A) deprive or tend to deprive an individual of
74	74	any employment opportunity;
75	75	(B) limit an employment opportunity or adversely
76	76	affect in any other manner the status of an employee or of an
77	77	applicant for employment; or
78	78	(C) cause or attempt to cause an employer to
79	79	violate this subchapter.
80	80	SECTION 6. Section 21.054, Labor Code, is amended to read as
81	81	follows:
82	82	Sec. 21.054. ADMISSION OR PARTICIPATION IN TRAINING
83	83	PROGRAM. [(a)] Unless a training or retraining opportunity or
84	84	program is provided under an affirmative action plan approved under
85	85	a federal law, rule, or order, an employer, labor organization, or
86	86	joint labor-management committee controlling an apprenticeship,
87	87	on-the-job training, or other training or retraining program
88	88	commits an unlawful employment practice if the employer, labor
89	89	organization, or committee discriminates against an individual
90	90	because of race, color, disability, religion, sex, national origin,
91	91	or age, or because of the individual's military status, in
92	92	admission to or participation in the program.
93	93	SECTION 7. Section 21.059(a), Labor Code, is amended to
94	94	read as follows:
95	95	(a) An employer, labor organization, employment agency, or
96	96	joint labor-management committee controlling an apprenticeship,
97	97	on-the-job training, or other training or retraining program
98	98	commits an unlawful employment practice if the employer, labor
99	99	organization, employment agency, or committee prints or publishes
100	100	or causes to be printed or published a notice or advertisement
101	101	relating to employment that:
102	102	(1) indicates a preference, limitation,
103	103	specification, or discrimination based on race, color, disability,
104	104	religion, sex, national origin, or age, or based on an individual's
105	105	military status; and
106	106	(2) concerns an employee's status, employment, or
107	107	admission to or membership or participation in a labor union or
108	108	training or retraining program.
109	109	SECTION 8. Section 21.102(c), Labor Code, is amended to
110	110	read as follows:
111	111	(c) This section does not apply to standards of compensation
112	112	or terms, conditions, or privileges of employment that are
113	113	discriminatory on the basis of race, color, disability, religion,
114	114	sex, national origin, or age, or on the basis of an individual's
115	115	military status.
116	116	SECTION 9. Section 21.112, Labor Code, is amended to read as
117	117	follows:
118	118	Sec. 21.112. EMPLOYEES AT DIFFERENT LOCATIONS. An employer
119	119	does not commit an unlawful employment practice by applying to
120	120	employees who work in different locations different standards of
121	121	compensation or different terms, conditions, or privileges of
122	122	employment that are not discriminatory on the basis of race, color,
123	123	disability, religion, sex, national origin, or age, or on the basis
124	124	of an individual's military status.
125	125	SECTION 10. Section 21.113, Labor Code, is amended to read
126	126	as follows:
127	127	Sec. 21.113. IMBALANCE PLAN NOT REQUIRED. This chapter
128	128	does not require a person subject to this chapter to grant
129	129	preferential treatment to an individual or a group on the basis of
130	130	race, color, disability, religion, sex, national origin, or age, or
131	131	on the basis of an individual's military status, because of an
132	132	imbalance between:
133	133	(1) the total number or percentage of persons of that
134	134	individual's or group's race, color, disability, religion, sex,
135	135	national origin, or age, or the total number or percentage of
136	136	individuals who have military status:
137	137	(A) employed by an employer;
138	138	(B) referred or classified for employment by an
139	139	employment agency or labor organization;
140	140	(C) admitted to membership or classified by a
141	141	labor organization; or
142	142	(D) admitted to or employed in an apprenticeship,
143	143	on-the-job training, or other training or retraining program; and
144	144	(2) the total number or percentage of persons of that
145	145	race, color, disability, religion, sex, national origin, or age, or
146	146	the total number or percentage of individuals who have military
147	147	status, in:
148	148	(A) a community, this state, a region, or other
149	149	area; or
150	150	(B) the available work force in a community, this
151	151	state, a region, or other area.
152	152	SECTION 11. Section 21.120(b), Labor Code, is amended to
153	153	read as follows:
154	154	(b) Subsection (a) does not apply to a policy adopted or
155	155	applied with the intent to discriminate because of race, color,
156	156	sex, national origin, religion, age, or disability, or because of
157	157	an individual's military status.
158	158	SECTION 12. Section 21.122(a), Labor Code, is amended to
159	159	read as follows:
160	160	(a) An unlawful employment practice based on disparate
161	161	impact is established under this chapter only if:
162	162	(1) a complainant demonstrates that a respondent uses
163	163	a particular employment practice that causes a disparate impact on
164	164	the basis of race, color, sex, national origin, religion, or
165	165	disability, or on the basis of an individual's military status, and
166	166	the respondent fails to demonstrate that the challenged practice is
167	167	job-related for the position in question and consistent with
168	168	business necessity; or
169	169	(2) the complainant makes the demonstration in
170	170	accordance with federal law as that law existed June 4, 1989, with
171	171	respect to the concept of alternative employment practices, and the
172	172	respondent refuses to adopt such an alternative employment
173	173	practice.
174	174	SECTION 13. Section 21.124, Labor Code, is amended to read
175	175	as follows:
176	176	Sec. 21.124. PROHIBITION AGAINST DISCRIMINATORY USE OF TEST
177	177	SCORES. (a) Except as provided by Subsection (b), it [It] is an
178	178	unlawful employment practice for a respondent, in connection with
179	179	the selection or referral of applicants for employment or
180	180	promotion, to adjust the scores of, use different cutoff scores
181	181	for, or otherwise alter the results of employment-related tests on
182	182	the basis of race, color, sex, national origin, religion, age, or
183	183	disability, or on the basis of an individual's military status.
184	184	(b) Subsection (a) does not apply to an act described by
185	185	that subsection that is made in conjunction with a preference
186	186	program for military veterans authorized under a law of this state
187	187	or the United States.
188	188	SECTION 14. The heading to Section 21.125, Labor Code, is
189	189	amended to read as follows:
190	190	Sec. 21.125. CLARIFYING PROHIBITION AGAINST IMPERMISSIBLE
191	191	CONSIDERATION OF RACE, COLOR, SEX, NATIONAL ORIGIN, RELIGION, AGE,
192	192	[OR] DISABILITY, OR MILITARY STATUS IN EMPLOYMENT PRACTICES.
193	193	SECTION 15. Section 21.125(a), Labor Code, is amended to
194	194	read as follows:
195	195	(a) Except as otherwise provided by this chapter, an
196	196	unlawful employment practice is established when the complainant
197	197	demonstrates that race, color, sex, national origin, religion, age,
198	198	[or] disability, or military status was a motivating factor for an
199	199	employment practice, even if other factors also motivated the
200	200	practice, unless race, color, sex, national origin, religion, age,
201	201	[or] disability, or military status is combined with objective
202	202	job-related factors to attain diversity in the employer's work
203	203	force.
204	204	SECTION 16. Section 21.126, Labor Code, is amended to read
205	205	as follows:
206	206	Sec. 21.126. COVERAGE OF PREVIOUSLY EXEMPT EMPLOYEES OF THE
207	207	STATE OR POLITICAL SUBDIVISION OF THE STATE. It is an unlawful
208	208	employment practice for a person elected to public office in this
209	209	state or a political subdivision of this state to discriminate
210	210	because of race, color, sex, national origin, religion, age, or
211	211	disability, or because of the individual's military status, against
212	212	an individual who is an employee or applicant for employment to:
213	213	(1) serve on the elected official's personal staff;
214	214	(2) serve the elected official on a policy-making
215	215	level; or
216	216	(3) serve the elected official as an immediate advisor
217	217	with respect to the exercise of the constitutional or legal powers
218	218	of the office.
219	219	SECTION 17. Section 21.152(a), Labor Code, is amended to
220	220	read as follows:
221	221	(a) A political subdivision or two or more political
222	222	subdivisions acting jointly may create a local commission to:
223	223	(1) promote the purposes of this chapter; and
224	224	(2) secure for all individuals in the jurisdiction of
225	225	each political subdivision freedom from discrimination because of
226	226	race, color, disability, religion, sex, national origin, or age, or
227	227	because of an individual's military status.
228	228	SECTION 18. Section 21.155(a), Labor Code, is amended to
229	229	read as follows:
230	230	(a) The commission [Commission on Human Rights] shall refer
231	231	a complaint concerning discrimination in employment because of
232	232	race, color, disability, religion, sex, national origin, or age, or
233	233	because of military status, that is filed with that commission to a
234	234	local commission with the necessary investigatory and conciliatory
235	235	powers if:
236	236	(1) the complaint has been referred to the commission
237	237	[Commission on Human Rights] by the federal government; or
238	238	(2) jurisdiction over the subject matter of the
239	239	complaint has been deferred to the commission [Commission on Human
240	240	Rights] by the federal government.
241	241	SECTION 19. Section 301.003, Property Code, is amended by
242	242	adding Subdivision (9-b) to read as follows:
243	243	(9-b) "Military status" includes a person's status as
244	244	a person who:
245	245	(A) is currently serving in the armed forces of
246	246	the United States;
247	247	(B) is in a reserve component of the armed forces
248	248	of the United States, including the National Guard, or in the state
249	249	military service of any state;
250	250	(C) has served in the armed forces of the United
251	251	States, the state military forces, or an auxiliary service of a
252	252	branch of the armed forces and has been honorably discharged from
253	253	the branch of the service in which the person served; or
254	254	(D) is a spouse or child of a person who is
255	255	currently serving or has served in the armed forces of the United
256	256	States.
257	257	SECTION 20. Sections 301.021(a) and (b), Property Code, are
258	258	amended to read as follows:
259	259	(a) A person may not refuse to sell or rent, after the making
260	260	of a bona fide offer, refuse to negotiate for the sale or rental of,
261	261	or in any other manner make unavailable or deny a dwelling to
262	262	another because of race, color, religion, sex, familial status, or
263	263	national origin, or because of status as a military veteran.
264	264	(b) A person may not discriminate against another in the
265	265	terms, conditions, or privileges of sale or rental of a dwelling or
266	266	in providing services or facilities in connection with a sale or
267	267	rental of a dwelling because of race, color, religion, sex,
268	268	familial status, or national origin, or because of military status.
269	269	SECTION 21. Section 301.022, Property Code, is amended to
270	270	read as follows:
271	271	Sec. 301.022. PUBLICATION. A person may not make, print, or
272	272	publish or effect the making, printing, or publishing of a notice,
273	273	statement, or advertisement that is about the sale or rental of a
274	274	dwelling and that indicates any preference, limitation, or
275	275	discrimination or the intention to make a preference, limitation,
276	276	or discrimination because of race, color, religion, sex,
277	277	disability, familial status, or national origin, or because of
278	278	military status.
279	279	SECTION 22. Section 301.023, Property Code, is amended to
280	280	read as follows:
281	281	Sec. 301.023. INSPECTION. A person may not represent to
282	282	another because of race, color, religion, sex, disability, familial
283	283	status, or national origin, or because of military status, that a
284	284	dwelling is not available for inspection for sale or rental when the
285	285	dwelling is available for inspection.
286	286	SECTION 23. Section 301.024, Property Code, is amended to
287	287	read as follows:
288	288	Sec. 301.024. ENTRY INTO NEIGHBORHOOD. A person may not,
289	289	for profit, induce or attempt to induce another to sell or rent a
290	290	dwelling by representations regarding the entry or prospective
291	291	entry into a neighborhood of a person of a particular race, color,
292	292	religion, sex, disability, familial status, or national origin or
293	293	having military status.
294	294	SECTION 24. Section 301.026(a), Property Code, is amended
295	295	to read as follows:
296	296	(a) A person whose business includes engaging in
297	297	residential real estate related transactions may not discriminate
298	298	against another in making a real estate related transaction
299	299	available or in the terms or conditions of a real estate related
300	300	transaction because of race, color, religion, sex, disability,
301	301	familial status, or national origin, or because of military status.
302	302	SECTION 25. Section 301.027, Property Code, is amended to
303	303	read as follows:
304	304	Sec. 301.027. BROKERAGE SERVICES. A person may not deny
305	305	another access to, or membership or participation in, a
306	306	multiple-listing service, real estate brokers' organization, or
307	307	other service, organization, or facility relating to the business
308	308	of selling or renting dwellings, or discriminate against a person
309	309	in the terms or conditions of access, membership, or participation
310	310	in such an organization, service, or facility because of race,
311	311	color, religion, sex, disability, familial status, or national
312	312	origin, or because of military status.
313	313	SECTION 26. Sections 301.042(a) and (c), Property Code, are
314	314	amended to read as follows:
315	315	(a) This chapter does not prohibit a religious
316	316	organization, association, or society or a nonprofit institution or
317	317	organization operated, supervised, or controlled by or in
318	318	conjunction with a religious organization, association, or society
319	319	from:
320	320	(1) limiting the sale, rental, or occupancy of
321	321	dwellings that it owns or operates for other than a commercial
322	322	purpose to persons of the same religion; or
323	323	(2) giving preference to persons of the same religion,
324	324	unless membership in the religion is restricted because of race,
325	325	color, or national origin, or because of military status.
326	326	(c) This chapter does not prohibit a person engaged in the
327	327	business of furnishing appraisals of real property from considering
328	328	in those appraisals factors other than race, color, religion, sex,
329	329	disability, familial status, [or] national origin, or military
330	330	status.
331	331	SECTION 27. Section 301.068, Property Code, is amended to
332	332	read as follows:
333	333	Sec. 301.068. REFERRAL TO MUNICIPALITY. (a) Subject to
334	334	Subsection (b), the [The] commission may defer proceedings under
335	335	this chapter and refer a complaint to a municipality that has been
336	336	certified by the federal Department of Housing and Urban
337	337	Development as a substantially equivalent fair housing agency.
338	338	(b) The commission may not defer proceedings and refer a
339	339	complaint under Subsection (a) to a municipality in which the
340	340	alleged discrimination occurred if:
341	341	(1) the complaint alleges discrimination based on
342	342	military status; and
343	343	(2) the municipality does not have laws prohibiting
344	344	the alleged discrimination.
345	345	SECTION 28. Section 301.171(a), Property Code, is amended
346	346	to read as follows:
347	347	(a) A person commits an offense if the person, without
348	348	regard to whether the person is acting under color of law, by force
349	349	or threat of force intentionally intimidates or interferes with a
350	350	person:
351	351	(1) because of the person's race, color, religion,
352	352	sex, disability, familial status, or national origin, or because of
353	353	the person's military status, and because the person is or has been
354	354	selling, purchasing, renting, financing, occupying, or contracting
355	355	or negotiating for the sale, purchase, rental, financing, or
356	356	occupation of any dwelling or applying for or participating in a
357	357	service, organization, or facility relating to the business of
358	358	selling or renting dwellings; or
359	359	(2) because the person is or has been or to intimidate
360	360	the person from:
361	361	(A) participating, without discrimination
362	362	because of race, color, religion, sex, disability, familial status,
363	363	or national origin, or because of military status, in an activity,
364	364	service, organization, or facility described by Subdivision (1);
365	365	[or]
366	366	(B) affording another person opportunity or
367	367	protection to so participate; or
368	368	(C) lawfully aiding or encouraging other persons
369	369	to participate, without discrimination because of race, color,
370	370	religion, sex, disability, familial status, or national origin, or
371	371	because of military status, in an activity, service, organization,
372	372	or facility described by Subdivision (1).
373	373	SECTION 29. Section 17.002, Utilities Code, is amended by
374	374	adding Subdivision (4-a) to read as follows:
375	375	(4-a) "Military status" includes a person's status as a
376	376	person who:
377	377	(A) is currently serving in the armed forces of
378	378	the United States;
379	379	(B) is in a reserve component of the armed forces
380	380	of the United States, including the National Guard, or in the state
381	381	military service of any state;
382	382	(C) has served in the armed forces of the United
383	383	States, the state military forces, or an auxiliary service of a
384	384	branch of the armed forces and has been honorably discharged from
385	385	the branch of the service in which the person served; or
386	386	(D) is a spouse or child of a person who is
387	387	currently serving or has served in the armed forces of the United
388	388	States.
389	389	SECTION 30. Section 17.004(a), Utilities Code, is amended
390	390	to read as follows:
391	391	(a) All buyers of telecommunications and retail electric
392	392	services are entitled to:
393	393	(1) protection from fraudulent, unfair, misleading,
394	394	deceptive, or anticompetitive practices, including protection from
395	395	being billed for services that were not authorized or provided;
396	396	(2) choice of a telecommunications service provider, a
397	397	retail electric provider, or an electric utility, where that choice
398	398	is permitted by law, and to have that choice honored;
399	399	(3) information in English and Spanish and any other
400	400	language as the commission deems necessary concerning rates, key
401	401	terms and conditions, and the basis for any claim of environmental
402	402	benefits of certain production facilities;
403	403	(4) protection from discrimination on the basis of
404	404	race, color, sex, nationality, religion, marital status, income
405	405	level, or because of military status, or source of income and from
406	406	unreasonable discrimination on the basis of geographic location;
407	407	(5) impartial and prompt resolution of disputes with a
408	408	certificated telecommunications utility, a retail electric
409	409	provider, or an electric utility and disputes with a
410	410	telecommunications service provider related to unauthorized
411	411	charges and switching of service;
412	412	(6) privacy of customer consumption and credit
413	413	information;
414	414	(7) accuracy of metering and billing;
415	415	(8) bills presented in a clear, readable format and
416	416	easy-to-understand language that uses defined terms as required by
417	417	commission rules adopted under Section 17.003;
418	418	(9) information in English and Spanish and any other
419	419	language as the commission deems necessary concerning low-income
420	420	assistance programs and deferred payment plans;
421	421	(10) all consumer protections and disclosures
422	422	established by the Fair Credit Reporting Act (15 U.S.C. Section
423	423	1681 et seq.) and the Truth in Lending Act (15 U.S.C. Section 1601
424	424	et seq.); and
425	425	(11) after retail competition begins as authorized by
426	426	the legislature, programs provided by retail electric providers
427	427	that offer eligible low-income customers energy efficiency
428	428	programs, an affordable rate package, and bill payment assistance
429	429	programs designed to reduce uncollectible accounts.
430	430	SECTION 31. (a) The changes in law made by this Act to the
431	431	Labor Code and the Utilities Code apply only to conduct occurring on
432	432	or after the effective date of this Act. Conduct occurring before
433	433	that date is governed by the law in effect on the date the conduct
434	434	occurred, and the former law is continued in effect for that
435	435	purpose.
436	436	(b) The changes in law made by this Act to the Property Code
437	437	apply only to a complaint filed with the Texas Workforce Commission
438	438	on or after the effective date of this Act. A complaint filed before
439	439	that date is governed by the law as it existed immediately before
440	440	the effective date of this Act, and that law is continued in effect
441	441	for that purpose.
442	442	SECTION 32. This Act takes effect September 1, 2025.