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.