Bill Text: TX SB265 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the prohibition of housing discrimination on the basis of a person's source of income and to the enforcement of that prohibition.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2021-01-26 - Co-author authorized [SB265 Detail]

Download: Texas-2021-SB265-Introduced.html
  87R3793 JG-F
 
  By: West S.B. No. 265
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the prohibition of housing discrimination on the basis
  of a person's source of income 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
  adding Subdivision (10-a) to read as follows:
               (10-a)  "Source of income" includes:
                     (A)  a housing choice voucher under Section 8,
  United States Housing Act of 1937 (42 U.S.C. Section 1437f); or
                     (B)  any other federal or state or local housing
  assistance provided to a family or an individual or to a homeowner
  on behalf of a family or an individual, including rental vouchers,
  rental assistance, or rental subsidies from a nongovernmental
  organization.
         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, or source of income.
         (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 source of income.
         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, or source of
  income.
         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, or source of income 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,
  or source of income.
         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, or source of income.
         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, or source of income.
         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, [or] national origin, or source of income.
         (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 source of
  income.
         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
  source of income; 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, or source
  of income 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 source of income, 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 source of income, in an activity, service, organization, or
  facility described by Subdivision (1).
         SECTION 11.  Section 250.007, Local Government Code, is
  repealed.
         SECTION 12.  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 13.  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.  
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect September 1, 2021.
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