Rodríguez Ramos Caste Bill Also Adds ‘Ancestry’ As A Protected Class

The text as introduced · 1,473 words

By: Rodríguez Ramos
H.B. No. 5373

A BILL TO BE ENTITLED

AN ACT

relating to the prohibition of caste-based discrimination.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. GENERAL PROVISIONS

SECTION 1.01. This Act prohibits discrimination based on

caste and ensures equal protections under Texas law.

SECTION 1.02. The Legislature finds that:

(1) Caste-based discrimination continues to impact

individuals and communities, causing harm to their dignity and

quality of life as well as denial of and exclusion from

opportunities.

(2) The State of Texas is committed to upholding

equality and ensuring protection against all forms of

discrimination.

(3) This Act is created to prohibit caste-based

discrimination in hiring and workplaces, educational institutions,

and housing.

ARTICLE 2. HIRING AND WORKPLACES

SECTION 2.01. Sec. 21.002, Labor Code, is amended by adding

Subdivisions (15) and (16) to read as follows:

(15) "Ancestry" means a person's lineage, ethnic

background, or descent, including familial or hereditary ties,

regardless of cultural, national, or ethnic associations.

(16) "Caste" means a system of inherited social

stratification where social status is passed down through

hierarchical divisions within society.

SECTION 2.02. Sec. 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, caste, or

ancestry 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 2.03. Sec. 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,

caste, or ancestry ; or

(2) classifies or refers an individual for employment

on the basis of race, color, disability, religion, sex, national

origin, [ or ] age, caste, or ancestry .

SECTION 2.04. Sec. 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,

caste, or ancestry 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 2.05. Sec. 21.054(a), 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, caste, or ancestry in admission to or participation in the

program.

SECTION 2.06. Sec. 21.059, Labor Code, is amended to read as

follows:

Sec. 21.059. DISCRIMINATORY NOTICE OR ADVERTISEMENT. (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, caste, or ancestry ; and

(2) concerns an employee's status, employment, or

admission to or membership or participation in a labor union or

training or retraining program.

(b) This section does not apply if disability, religion,

sex, national origin, [ or ] age, caste, or ancestry is a bona fide

occupational qualification.

ARTICLE 3. EDUCATIONAL INSTITUTIONS

SECTION 3.01. Sec. 1.002, Education Code, is amended by

adding Subsection (c) to read as follows:

(c) An educational institution may not discriminate based

on race, color, disability, religion, sex, national origin, age,

caste, or ancestry.

(1) "Ancestry" means a person's lineage, ethnic

background, or descent, including familial or hereditary ties,

regardless of cultural, national, or ethnic associations.

(2) "Caste" means a system of inherited social

stratification where social status is passed down through

hierarchical divisions within society.

ARTICLE 4. HOUSING

SECTION 4.01. Sec. 301.003, Property Code, is amended by

adding Subdivisions (13) and (14) to read as follows:

(13) "Ancestry" means a person's lineage, ethnic

background, or descent, including familial or hereditary ties,

regardless of cultural, national, or ethnic associations.

(14) "Caste" means a system of inherited social

stratification where social status is passed down through

hierarchical divisions within society.

SECTION 4.02. Sec. 301.021, Property Code, is amended to

read as follows:

Sec. 301.021. SALE OR RENTAL. (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, caste, or

ancestry .

(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, caste, or ancestry .

(c) This section does not prohibit discrimination against a

person because the person has been convicted under federal law or

the law of any state of the illegal manufacture or distribution of a

controlled substance.

SECTION 4.03. Sec. 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, caste, or

ancestry .

SECTION 4.04. Sec. 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, caste, or ancestry that a dwelling is

not available for inspection for sale or rental when the dwelling is

available for inspection.

SECTION 4.05. Sec. 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,

caste, or ancestry .

SECTION 4.06. Sec. 301.026(a), Property Code, is amended to

read as follows:

Sec. 301.026. RESIDENTIAL REAL ESTATE RELATED TRANSACTION.

(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, caste, or ancestry .

SECTION 4.07. Sec. 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, caste, or ancestry .

ARTICLE 5. EFFECTIVE DATE

SECTION 5.01. This Act takes effect September 1, 2025.