HB5373 - Relating to the prohibition of caste-based discrimination.

      By: Rodríguez Ramos H.B. No. 5373       A BILL TO BE ENTITLED   AN ACT   relating to the prohibition of caste-based discrimination.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1. GENERAL PROVISIONS          SECTION 1.01.  This Act prohibits discrimination based on   caste and ensures equal protections under Texas law.          SECTION 1.02.  The Legislature finds that:                (1)  Caste-based discrimination continues to impact   individuals and communities, causing harm to their dignity and   quality of life as well as denial of and exclusion from   opportunities.                (2)  The State of Texas is committed to upholding   equality and ensuring protection against all forms of   discrimination.                (3)  This Act is created to prohibit caste-based   discrimination in hiring and workplaces, educational institutions,   and housing.   ARTICLE 2. HIRING AND WORKPLACES          SECTION 2.01.  Sec. 21.002, Labor Code, is amended by adding   Subdivisions (15) and (16) to read as follows:                 (15)     "Ancestry" means a person's lineage, ethnic   background, or descent, including familial or hereditary ties,   regardless of cultural, national, or ethnic associations.                 (16)     "Caste" means a system of inherited social   stratification where social status is passed down through   hierarchical divisions within society.          SECTION 2.02.  Sec. 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, caste, or   ancestry 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 2.03.  Sec. 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,   caste, or ancestry ; or                (2)  classifies or refers an individual for employment   on the basis of race, color, disability, religion, sex, national   origin, [ or ] age, caste, or ancestry .          SECTION 2.04.  Sec. 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,   caste, or ancestry 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 2.05.  Sec. 21.054(a), 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, caste, or ancestry in admission to or participation in the   program.          SECTION 2.06.  Sec. 21.059, Labor Code, is amended to read as   follows:          Sec. 21.059.  DISCRIMINATORY NOTICE OR ADVERTISEMENT. (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, caste, or ancestry ; and                (2)  concerns an employee's status, employment, or   admission to or membership or participation in a labor union or   training or retraining program.          (b)  This section does not apply if disability, religion,   sex, national origin, [ or ] age, caste, or ancestry is a bona fide   occupational qualification.   ARTICLE 3. EDUCATIONAL INSTITUTIONS          SECTION 3.01.  Sec. 1.002, Education Code, is amended by   adding Subsection (c) to read as follows:           (c)     An educational institution may not discriminate based   on race, color, disability, religion, sex, national origin, age,   caste, or ancestry.                 (1)     "Ancestry" means a person's lineage, ethnic   background, or descent, including familial or hereditary ties,   regardless of cultural, national, or ethnic associations.                 (2)     "Caste" means a system of inherited social   stratification where social status is passed down through   hierarchical divisions within society.   ARTICLE 4. HOUSING          SECTION 4.01.  Sec. 301.003, Property Code, is amended by   adding Subdivisions (13) and (14) to read as follows:                 (13)     "Ancestry" means a person's lineage, ethnic   background, or descent, including familial or hereditary ties,   regardless of cultural, national, or ethnic associations.                 (14)     "Caste" means a system of inherited social   stratification where social status is passed down through   hierarchical divisions within society.          SECTION 4.02.  Sec. 301.021, Property Code, is amended to   read as follows:          Sec. 301.021.  SALE OR RENTAL. (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, caste, or   ancestry .          (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, caste, or ancestry .          (c)  This section does not prohibit discrimination against a   person because the person has been convicted under federal law or   the law of any state of the illegal manufacture or distribution of a   controlled substance.          SECTION 4.03.  Sec. 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, caste, or   ancestry .          SECTION 4.04.  Sec. 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, caste, or ancestry that a dwelling is   not available for inspection for sale or rental when the dwelling is   available for inspection.          SECTION 4.05.  Sec. 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,   caste, or ancestry .          SECTION 4.06.  Sec. 301.026(a), Property Code, is amended to   read as follows:          Sec. 301.026.  RESIDENTIAL REAL ESTATE RELATED TRANSACTION.   (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, caste, or ancestry .          SECTION 4.07.  Sec. 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, caste, or ancestry .   ARTICLE 5. EFFECTIVE DATE          SECTION 5.01.  This Act takes effect September 1, 2025.