(a) It is unlawful for a person engaged in the purchasing of loans or other debts or securities that support the purchase, construction, improvement, repair, or maintenance of a dwelling, or that are secured by residential real estate, to discriminate based on race, color, disability, religion, sex, national origin, or familial status by refusing to purchase such loans, debts, or securities, or by imposing different terms or conditions for such purchases.
(b) Unlawful conduct under this section includes, but is not limited to:
  (1) purchasing loans or other debts or securities that relate to or are secured by dwellings in certain communities or neighborhoods but not in others based on race, color, disability, religion, sex, national origin, or familial status;
  (2) pooling or packaging loans or other debts or securities differently that relate to or are secured by dwellings based on race, color, disability, religion, sex, national origin, or familial status; and
  (3) imposing or using different terms or conditions on the marketing or sale of securities issued on the basis of loans or other debts or securities that relate to or are secured by dwellings based on race, color, disability, religion, sex, national origin, or familial status.
(c) This section does not prevent consideration of factors justified by business necessity in the purchasing of loans, including requirements of state or federal law relating to a transaction's financial security or to protection against default or reduction of the value of the security. Thus, this provision does not preclude considerations employed in normal and prudent transactions provided that no such factor may in any way relate to race, color, disability, religion, sex, national origin, or familial status.

Source Note: The provisions of this §819.131 adopted to be effective September 27, 2005, 30 TexReg 6065