bill adding sexual orientation and gender identity to fair housing

The text as introduced · 1,251 words

89R3411 JG-F

By: Bernal
H.B. No. 729

A BILL TO BE ENTITLED

AN ACT

relating to the prohibition of housing discrimination on the basis

of sexual orientation or gender identity and to the enforcement of

that prohibition.

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 or

addiction to any drug or illegal or federally controlled substance

[ and does not apply to an individual because of an individual's

sexual orientation or because that individual is a transvestite ].

(9-a) "Gender identity" means an individual's

gender-related identity, appearance, or other gender-related

characteristics, with or without regard to the individual's

designated sex at birth.

(10-a) "Sexual orientation" means an individual's

actual or perceived status as heterosexual, homosexual, or

bisexual.

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, familial status,

[ or ] national origin , sexual orientation, or gender identity .

(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 , sexual orientation, or

gender identity .

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, [ or ] national origin , sexual

orientation, or gender identity .

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, [ or ] national origin , sexual orientation, or gender

identity 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, [ or ] national origin ,

sexual orientation, or gender identity .

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, [ or ] national origin , sexual orientation, or

gender identity .

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, [ or ] national

origin , sexual orientation, or gender identity .

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, [ or ] national origin ,

sexual orientation, or gender identity .

(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 , sexual

orientation, or gender identity .

SECTION 9. 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

sexual orientation or gender identity; and

(2) the 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, [ or ] national origin , sexual

orientation, or gender identity 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, sexual orientation, or gender identity, 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,

sexual orientation, or gender identity, 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, 2025.