85R12487 JAM-F     By: Dukes H.B. No. 2312       A BILL TO BE ENTITLED   AN ACT   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   [and does not apply to an individual because of an individual's   sexual orientation or because that individual is a transvestite].                (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, [or] national origin, military status, or sexual   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, [or] national origin, military   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, [or] national origin, military   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, [or] national origin, military status, or sexual   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, [or] national origin,   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, [or] national origin, military status, or sexual   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, [or] national   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, [or] national origin,   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, [or] national origin, military   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 [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 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, [or] national origin, military   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,   [or] national origin, military status, or sexual orientation, 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,   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.