Bill Text: TX HB2312 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the prohibition of housing discrimination and to the enforcement of that prohibition; affecting the prosecution of a criminal offense.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-22 - Referred to State Affairs [HB2312 Detail]
Download: Texas-2017-HB2312-Introduced.html
85R12487 JAM-F | ||
By: Dukes | H.B. No. 2312 |
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relating to the prohibition of housing discrimination and to the | ||
enforcement of that prohibition; affecting the prosecution of a | ||
criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 301.003, Property Code, is amended by | ||
amending Subdivision (6) and adding Subdivisions (9-a) and (10-a) | ||
to read as follows: | ||
(6) "Disability" means a mental or physical impairment | ||
that substantially limits at least one major life activity, a | ||
record of the impairment, or being regarded as having the | ||
impairment. The term does not include current illegal use of or | ||
addiction to any drug or illegal or federally controlled substance | ||
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(9-a) "Military status" means a person who is serving | ||
or has served in the uniformed services, as defined by 20 C.F.R. | ||
Section 1002.5, and who, if discharged, was discharged or released | ||
under conditions other than dishonorable. | ||
(10-a) "Sexual orientation" means the actual or | ||
perceived status of a person with respect to the person's | ||
sexuality. | ||
SECTION 2. 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, disability, familial | ||
status, [ |
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orientation. | ||
(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, | ||
disability, familial status, [ |
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status, or sexual orientation. | ||
SECTION 3. 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, [ |
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status, or sexual orientation. | ||
SECTION 4. 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, [ |
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orientation that a dwelling is not available for inspection for | ||
sale or rental when the dwelling is available for inspection. | ||
SECTION 5. 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, [ |
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military status, or sexual orientation. | ||
SECTION 6. 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, [ |
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orientation. | ||
SECTION 7. 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, [ |
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origin, military status, or sexual orientation. | ||
SECTION 8. 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, sex, disability, familial status, [ |
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military status, or sexual orientation. | ||
(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, [ |
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status, or sexual orientation. | ||
SECTION 9. Section 301.068, Property Code, is amended to | ||
read as follows: | ||
Sec. 301.068. REFERRAL TO MUNICIPALITY. (a) Subject to | ||
Subsections (b) and (c), the [ |
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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 shall defer proceedings and refer a | ||
complaint to a municipality under Subsection (a) if: | ||
(1) the complaint alleges discrimination based on a | ||
characteristic other than race, color, religion, sex, disability, | ||
familial status, national origin, military status, or sexual | ||
orientation; and | ||
(2) the alleged discrimination occurred in a | ||
municipality that has laws prohibiting the alleged discrimination. | ||
(c) The commission may not defer proceedings and refer a | ||
complaint under Subsection (a) to a municipality in which the | ||
alleged discrimination occurred if that municipality does not have | ||
laws prohibiting the alleged discrimination. | ||
SECTION 10. 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, [ |
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status, or sexual orientation 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, | ||
[ |
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activity, service, organization, or facility described by | ||
Subdivision (1); [ |
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(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, [ |
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military status, or sexual orientation, in an activity, service, | ||
organization, or facility described by Subdivision (1). | ||
SECTION 11. The change in law made by this Act applies only | ||
to a complaint filed with the Texas Workforce Commission civil | ||
rights division 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 12. This Act takes effect September 1, 2017. |