Blanco Bill’s Main Housing Ban May Miss Current Service Members

The text as introduced · 3,607 words

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.