87R10506 JAM-D     By: Rose H.B. No. 3479       A BILL TO BE ENTITLED   AN ACT   relating to the prohibition of housing discrimination on the basis   of an individual's criminal history and to the enforcement of that   prohibition.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 2306.111, Government Code, is amended by   adding Subsection (j) to read as follows:          (j)  The department by rule shall:                (1)  adopt policies to ensure that each housing   development that receives financial assistance administered by the   department, including financial assistance from the proceeds of   bonds issued by the department, accepts as tenants individuals who   are protected under Section 301.0045, Property Code; and                (2)  establish enforcement mechanisms with respect to   those housing developments that refuse to accept as tenants   individuals described by Subdivision (1).          SECTION 2.  Section 2306.358(d), Government Code, is amended   to read as follows:          (d)  Subsection (c)(3)(C) does not prohibit an organization   from requiring a tenant applicant who receives public assistance to   meet the organization's standard criteria for occupancy, including   [such] criteria relating to [as] satisfactory creditworthiness and   [lack of] criminal history, to the extent permitted under Section   2306.111(j).          SECTION 3.  Section 392.055, Local Government Code, is   amended by adding Subsection (c) to read as follows:          (c)  A housing authority shall adopt policies to ensure that   each housing project operated by the authority, including projects   owned or operated by a public facility corporation created by the   authority under Chapter 303, accepts as tenants individuals who are   protected under Section 301.0045, Property Code.          SECTION 4.  Section 92.352, Property Code, is amended by   adding Subsections (c) and (d) to read as follows:          (c)  A landlord who rejects an applicant must provide the   applicant a written statement detailing the reasons the applicant   was rejected.          (d)  A landlord who rejects an applicant based on the   applicant's criminal history must provide the applicant with an   opportunity to present any mitigating information concerning the   criminal history.          SECTION 5.  Subchapter A, Chapter 301, Property Code, is   amended by adding Section 301.0045 to read as follows:          Sec. 301.0045.  CRIMINAL HISTORY. (a) Except as provided by   Subsection (b), a discriminatory act is committed because of a   person's criminal history if that act is committed with respect to   criminal history based solely on one or more final convictions that   each occurred more than three years before the date of the   applicable act.          (b)  An act is not considered discriminatory for the purposes   of this section if the act is committed with respect to a person's   criminal history based on a final conviction of any of the   following:                 (1)  an offense requiring registration as a sex   offender under Chapter 62, Code of Criminal Procedure;                (2)  an offense under Section 20.04, Penal Code,   regardless of whether the offense is a reportable conviction or   adjudication for purposes of Chapter 62, Code of Criminal   Procedure;                (3)  an offense under Section 19.02, 19.03, 20A.02,   20A.03, 22.04, 22.041, 25.07, 25.072, or 42.072, Penal Code; or                (4)  an offense involving family violence, as defined   by Section 71.004, Family Code.          SECTION 6.  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 criminal history.          (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 criminal history.          SECTION 7.  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 criminal   history.          SECTION 8.  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 criminal history that a dwelling   is not available for inspection for sale or rental when the dwelling   is available for inspection.          SECTION 9.  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 criminal history.          SECTION 10.  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 criminal history.          SECTION 11.  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 criminal history.          SECTION 12.  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 criminal history.          (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 criminal   history.          SECTION 13.  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   criminal history; and                (2)  the municipality does not have laws prohibiting   the alleged discrimination.          SECTION 14.  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 criminal   history 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 criminal history, 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 criminal history, in an activity, service, organization, or   facility described by Subdivision (1).          SECTION 15.  Section 301.021(c), Property Code, is repealed.          SECTION 16.  (a) The change in law made by this Act in adding   Section 2306.111(j), Government Code, applies only to an   application for financial assistance that is submitted to the Texas   Department of Housing and Community Affairs on or after January 1,   2022. An application for financial assistance that is submitted to   the department before January 1, 2022, is governed by the law in   effect when the application was submitted, and the former law is   continued in effect for that purpose.          (b)  Not later than December 1, 2021, the Texas Department of   Housing and Community Affairs shall adopt the rules required by   Section 2306.111(j), Government Code, as added by this Act.          SECTION 17.  The change in law made by this Act to the   Property Code 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 18.  This Act takes effect September 1, 2021.