87R1121 JG-F     By: Bernal, Minjarez H.B. No. 191       A BILL TO BE ENTITLED   AN ACT   relating to the prohibition of housing discrimination on the basis   of sexual orientation or gender identity or expression 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 or expression" means having or   being perceived as having a gender-related identity, appearance,   expression, or behavior, regardless of whether that identity,   appearance, expression, or behavior is different from that commonly   associated with the person's assigned sex at birth.                (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, familial status,   [or] national origin, sexual orientation, or gender identity or   expression.          (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 or expression.          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 or expression.          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 or expression 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 or expression.          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 or expression.          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 or expression.          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 or expression.          (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 or expression.          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 or expression; 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 or expression 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 or   expression, 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 or expression, 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, 2021.