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House Commerce Committee approves amendment shielding licensees’ off-duty religious and political speech; MLS access left intact
Summary
The House Commerce Committee approved an amendment that bars discipline of licensed real estate professionals for religious or political comments made outside their professional duties while leaving private MLS access rules unchanged. The measure passed 7-3 and now moves to full commerce.
The House Commerce Committee voted to approve an amendment to House Bill 470 that prohibits professional discipline of licensed real estate agents for religious or political statements made outside a professional setting; the committee approved the bill 7-3 and sent it to full commerce.
Committee supporters said the amendment protects a licensee’s right to express religious or political views in nonprofessional settings, while opponents raised questions about how the change would interact with private multiple listing services and professional association rules.
Sponsor comments and discussion clarified that the amendment was written to separate nonprofessional speech from conduct inside the profession. Committee members emphasized that the amendment does not, by itself, force private multiple listing services or private companies to change their membership requirements. Several members noted that an association that contracts with an MLS remains able to set professional standards and contractual terms, and that the amendment was intended to prevent associations from punishing outside speech when it does not violate state or federal law.
Representative Hardaway asked whether the MLS is subject to state licensure; committee discussion noted the MLS is typically a private company contracted by associations and, to the committee’s understanding, is not licensed by the state in the same way individual real estate licensees are. Members also discussed the risk that a private MLS could require contractual terms that would exclude nonmembers; supporters said those contractual relationships are distinct from discipline by an association.
The committee recorded a roll call on the bill. The chair announced "7 ayes, 3 nays," and said House Bill 470 will proceed to full commerce.
Ending: The committee’s action focuses on separating off-duty protected expression from professional discipline; it does not alter private contractual relationships between associations and third-party MLS providers.
