By: Blanco S.B. No. 2104
A BILL TO BE ENTITLED
AN ACT
relating to the prohibition of military status discrimination.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.002, Labor Code, is amended by adding
Subdivision (11-b) to read as follows:
(11-b) "Military status" includes a person's status as a
person who:
(A) is currently serving in the armed forces of
the United States;
(B) is in a reserve component of the armed forces
of the United States, including the National Guard, or in the state
military service of any state;
(C) has served in the armed forces of the United
States, the state military forces, or an auxiliary service of a
branch of the armed forces and has been honorably discharged from
the branch of the service in which the person served; or
(D) is a spouse or child of a person who is
currently serving or has served in the armed forces of the United
States.
SECTION 2. Section 21.005, Labor Code, is amended by adding
Subsection (d) to read as follows:
(d) A provision in this chapter prohibiting discrimination
on the basis of an individual's military status does not affect the
operation or enforcement of a program under the laws of this state
or the United States that is designed to give a preference to a
military veteran in recognition of the veteran's service to this
state or the United States, including a preference authorized
under Section 302.154 or under Chapter 657, Government Code.
SECTION 3. Section 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, or because of
the individual's military status, 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 4. Section 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, or
because of the individual's military status; or
(2) classifies or refers an individual for employment
on the basis of race, color, disability, religion, sex, national
origin, or age, or because of the individual's military status.
SECTION 5. Section 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, or
because of the individual's military status, 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 6. Section 21.054, 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, or because of the individual's military status, in
admission to or participation in the program.
SECTION 7. Section 21.059(a), Labor Code, is amended to
read as follows:
(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, or based on an individual's
military status; and
(2) concerns an employee's status, employment, or
admission to or membership or participation in a labor union or
training or retraining program.
SECTION 8. Section 21.102(c), Labor Code, is amended to
read as follows:
(c) This section does not apply to standards of compensation
or terms, conditions, or privileges of employment that are
discriminatory on the basis of race, color, disability, religion,
sex, national origin, or age, or on the basis of an individual's
military status.
SECTION 9. Section 21.112, Labor Code, is amended to read as
follows:
Sec. 21.112. EMPLOYEES AT DIFFERENT LOCATIONS. An employer
does not commit an unlawful employment practice by applying to
employees who work in different locations different standards of
compensation or different terms, conditions, or privileges of
employment that are not discriminatory on the basis of race, color,
disability, religion, sex, national origin, or age, or on the basis
of an individual's military status.
SECTION 10. Section 21.113, Labor Code, is amended to read
as follows:
Sec. 21.113. IMBALANCE PLAN NOT REQUIRED. This chapter
does not require a person subject to this chapter to grant
preferential treatment to an individual or a group on the basis of
race, color, disability, religion, sex, national origin, or age, or
on the basis of an individual's military status, because of an
imbalance between:
(1) the total number or percentage of persons of that
individual's or group's race, color, disability, religion, sex,
national origin, or age, or the total number or percentage of
individuals who have military status:
(A) employed by an employer;
(B) referred or classified for employment by an
employment agency or labor organization;
(C) admitted to membership or classified by a
labor organization; or
(D) admitted to or employed in an apprenticeship,
on-the-job training, or other training or retraining program; and
(2) the total number or percentage of persons of that
race, color, disability, religion, sex, national origin, or age, or
the total number or percentage of individuals who have military
status, in:
(A) a community, this state, a region, or other
area; or
(B) the available work force in a community, this
state, a region, or other area.
SECTION 11. Section 21.120(b), Labor Code, is amended to
read as follows:
(b) Subsection (a) does not apply to a policy adopted or
applied with the intent to discriminate because of race, color,
sex, national origin, religion, age, or disability, or because of
an individual's military status.
SECTION 12. Section 21.122(a), Labor Code, is amended to
read as follows:
(a) An unlawful employment practice based on disparate
impact is established under this chapter only if:
(1) a complainant demonstrates that a respondent uses
a particular employment practice that causes a disparate impact on
the basis of race, color, sex, national origin, religion, or
disability, or on the basis of an individual's military status, and
the respondent fails to demonstrate that the challenged practice is
job-related for the position in question and consistent with
business necessity; or
(2) the complainant makes the demonstration in
accordance with federal law as that law existed June 4, 1989, with
respect to the concept of alternative employment practices, and the
respondent refuses to adopt such an alternative employment
practice.
SECTION 13. Section 21.124, Labor Code, is amended to read
as follows:
Sec. 21.124. PROHIBITION AGAINST DISCRIMINATORY USE OF TEST
SCORES. (a) Except as provided by Subsection (b), it [It] is an
unlawful employment practice for a respondent, in connection with
the selection or referral of applicants for employment or
promotion, to adjust the scores of, use different cutoff scores
for, or otherwise alter the results of employment-related tests on
the basis of race, color, sex, national origin, religion, age, or
disability, or on the basis of an individual's military status.
(b) Subsection (a) does not apply to an act described by
that subsection that is made in conjunction with a preference
program for military veterans authorized under a law of this state
or the United States.
SECTION 14. The heading to Section 21.125, Labor Code, is
amended to read as follows:
Sec. 21.125. CLARIFYING PROHIBITION AGAINST IMPERMISSIBLE
CONSIDERATION OF RACE, COLOR, SEX, NATIONAL ORIGIN, RELIGION, AGE,
[OR] DISABILITY, OR MILITARY STATUS IN EMPLOYMENT PRACTICES.
SECTION 15. Section 21.125(a), Labor Code, is amended to
read as follows:
(a) Except as otherwise provided by this chapter, an
unlawful employment practice is established when the complainant
demonstrates that race, color, sex, national origin, religion, age,
[or] disability, or military status was a motivating factor for an
employment practice, even if other factors also motivated the
practice, unless race, color, sex, national origin, religion, age,
[or] disability, or military status is combined with objective
job-related factors to attain diversity in the employer's work
force.
SECTION 16. Section 21.126, Labor Code, is amended to read
as follows:
Sec. 21.126. COVERAGE OF PREVIOUSLY EXEMPT EMPLOYEES OF THE
STATE OR POLITICAL SUBDIVISION OF THE STATE. It is an unlawful
employment practice for a person elected to public office in this
state or a political subdivision of this state to discriminate
because of race, color, sex, national origin, religion, age, or
disability, or because of the individual's military status, against
an individual who is an employee or applicant for employment to:
(1) serve on the elected official's personal staff;
(2) serve the elected official on a policy-making
level; or
(3) serve the elected official as an immediate advisor
with respect to the exercise of the constitutional or legal powers
of the office.
SECTION 17. Section 21.152(a), Labor Code, is amended to
read as follows:
(a) A political subdivision or two or more political
subdivisions acting jointly may create a local commission to:
(1) promote the purposes of this chapter; and
(2) secure for all individuals in the jurisdiction of
each political subdivision freedom from discrimination because of
race, color, disability, religion, sex, national origin, or age, or
because of an individual's military status.
SECTION 18. Section 21.155(a), Labor Code, is amended to
read as follows:
(a) The commission [Commission on Human Rights] shall refer
a complaint concerning discrimination in employment because of
race, color, disability, religion, sex, national origin, or age, or
because of military status, that is filed with that commission to a
local commission with the necessary investigatory and conciliatory
powers if:
(1) the complaint has been referred to the commission
[Commission on Human Rights] by the federal government; or
(2) jurisdiction over the subject matter of the
complaint has been deferred to the commission [Commission on Human
Rights] by the federal government.
SECTION 19. Section 301.003, Property Code, is amended by
adding Subdivision (9-b) to read as follows:
(9-b) "Military status" includes a person's status as
a person who:
(A) is currently serving in the armed forces of
the United States;
(B) is in a reserve component of the armed forces
of the United States, including the National Guard, or in the state
military service of any state;
(C) has served in the armed forces of the United
States, the state military forces, or an auxiliary service of a
branch of the armed forces and has been honorably discharged from
the branch of the service in which the person served; or
(D) is a spouse or child of a person who is
currently serving or has served in the armed forces of the United
States.
SECTION 20. 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, or because of status as a military veteran.
(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, or because of military status.
SECTION 21. 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, or because of
military status.
SECTION 22. 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, or because of military status, that a
dwelling is not available for inspection for sale or rental when the
dwelling is available for inspection.
SECTION 23. 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 or
having military status.
SECTION 24. 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, or because of military status.
SECTION 25. 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, or because of military status.
SECTION 26. 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, or national origin, or because of military status.
(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, or military
status.
SECTION 27. 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
military status; and
(2) the municipality does not have laws prohibiting
the alleged discrimination.
SECTION 28. 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, or because of
the person's military status, 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, or because of military status, 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, or
because of military status, in an activity, service, organization,
or facility described by Subdivision (1).
SECTION 29. Section 17.002, Utilities Code, is amended by
adding Subdivision (4-a) to read as follows:
(4-a) "Military status" includes a person's status as a
person who:
(A) is currently serving in the armed forces of
the United States;
(B) is in a reserve component of the armed forces
of the United States, including the National Guard, or in the state
military service of any state;
(C) has served in the armed forces of the United
States, the state military forces, or an auxiliary service of a
branch of the armed forces and has been honorably discharged from
the branch of the service in which the person served; or
(D) is a spouse or child of a person who is
currently serving or has served in the armed forces of the United
States.
SECTION 30. Section 17.004(a), Utilities Code, is amended
to read as follows:
(a) All buyers of telecommunications and retail electric
services are entitled to:
(1) protection from fraudulent, unfair, misleading,
deceptive, or anticompetitive practices, including protection from
being billed for services that were not authorized or provided;
(2) choice of a telecommunications service provider, a
retail electric provider, or an electric utility, where that choice
is permitted by law, and to have that choice honored;
(3) information in English and Spanish and any other
language as the commission deems necessary concerning rates, key
terms and conditions, and the basis for any claim of environmental
benefits of certain production facilities;
(4) protection from discrimination on the basis of
race, color, sex, nationality, religion, marital status, income
level, or because of military status, or source of income and from
unreasonable discrimination on the basis of geographic location;
(5) impartial and prompt resolution of disputes with a
certificated telecommunications utility, a retail electric
provider, or an electric utility and disputes with a
telecommunications service provider related to unauthorized
charges and switching of service;
(6) privacy of customer consumption and credit
information;
(7) accuracy of metering and billing;
(8) bills presented in a clear, readable format and
easy-to-understand language that uses defined terms as required by
commission rules adopted under Section 17.003;
(9) information in English and Spanish and any other
language as the commission deems necessary concerning low-income
assistance programs and deferred payment plans;
(10) all consumer protections and disclosures
established by the Fair Credit Reporting Act (15 U.S.C. Section
1681 et seq.) and the Truth in Lending Act (15 U.S.C. Section 1601
et seq.); and
(11) after retail competition begins as authorized by
the legislature, programs provided by retail electric providers
that offer eligible low-income customers energy efficiency
programs, an affordable rate package, and bill payment assistance
programs designed to reduce uncollectible accounts.
SECTION 31. (a) The changes in law made by this Act to the
Labor Code and the Utilities Code apply only to conduct occurring on
or after the effective date of this Act. Conduct occurring before
that date is governed by the law in effect on the date the conduct
occurred, and the former law is continued in effect for that
purpose.
(b) The changes in law made by this Act to the Property Code
apply only to a complaint filed with the Texas Workforce Commission
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 32. This Act takes effect September 1, 2025.