|
|
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. |