Texas Property Code Title 15, Chapter 301 - Texas Fair Housing Act

SUBCHAPTER A TITLE, PURPOSE, AND DEFINITIONS

• Texas Section 301.001 - Short Title
  This chapter may be cited as the Texas Fair Housing Act. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1, 1993.
• Texas Section 301.0015 - Texas Workforce Commission
  The powers and duties exercised by the Commission on Human Rights under this chapter are transferred to the Texas Workforce Commission. A reference in this...
• Texas Section 301.002 - Purposes
  The purposes of this chapter are to: (1) provide for fair housing practices in this state; (2) create a procedure for investigating and settling complaints...
• Texas Section 301.003 - Definitions
  In this chapter: (1) "Aggrieved person" includes any person who: (A) claims to have been injured by a discriminatory housing practice; or (B) believes that...
• Texas Section 301.004 - Familial Status
  A discriminatory act is committed because of familial status if the act is committed because the person who is the subject of discrimination is: (1)...

SUBCHAPTER B DISCRIMINATION PROHIBITED

• Texas Section 301.005 - Construction Of Chapter
  The statutory civil remedies or theories of recovery created by this chapter may not be expanded beyond their express statutory terms. Added by Acts 1993,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 301.023 - Inspection
  A person may not represent to another because of race, color, religion, sex, disability, familial status, or national origin that a dwelling is not available...
• Texas Section 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...
• Texas Section 301.025 - Disability
  (a) A person may not discriminate in the sale or rental of, or make unavailable or deny, a dwelling to any buyer or renter because...
• Texas Section 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...

SUBCHAPTER C EXEMPTIONS

• Texas Section 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...
• Texas Section 301.041 - Sales And Rentals Exempted
  (a) Subchapter B does not apply to: (1) the sale or rental of a single-family house sold or rented by the owner if: (A) the...
• Texas Section 301.042 - Religious Organization, Private Club, And Appraisal Exemption
  (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...
• Texas Section 301.043 - Housing For Elderly Exempted
  The provisions of this chapter relating to familial status do not apply to housing: (1) that the commission determines is specifically designed and operated to...

SUBCHAPTER D ADMINISTRATIVE PROVISIONS

• Texas Section 301.044 - Effect On Other Law
  (a) This chapter does not affect a reasonable local or state restriction on the maximum number of occupants permitted to occupy a dwelling or a...
• Texas Section 301.062 - Rules
  The commission may adopt rules necessary to implement this chapter, but substantive rules adopted by the commission shall impose obligations, rights, and remedies that are...
• Texas Section 301.063 - Complaints
  As provided by Subchapters E and F, the commission shall receive, investigate, seek to conciliate, and act on complaints alleging violations of this chapter. Added...
• Texas Section 301.065 - Reports And Studies
  (a) The commission shall, at least annually, publish a written report recommending legislative or other action to carry out the purposes of this chapter. (b)...
• Texas Section 301.066 - Cooperation With Other Entities
  The commission shall cooperate with and may provide technical and other assistance to federal, state, local, and other public or private entities that are designing...
• Texas Section 301.067 - Subpoenas And Discovery
  (a) The commission may issue subpoenas and order discovery in investigations and hearings under this chapter. (b) The subpoenas and discovery may be ordered to...
• Texas Section 301.068 - Referral To Municipality
  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...
• Texas Section 301.069 - Gifts And Grants
  (a) The commission may accept gifts and grants from any public or private source for administering this chapter. (b) Gifts and grants received shall be...

SUBCHAPTER E ADMINISTRATIVE ENFORCEMENT

• Texas Section 301.070 - Accessibility Assistance And Information For Landlords
  The commission shall provide to landlords technical and other assistance relating to the accessibility requirements under this chapter. Added by Acts 1999, 76th Leg., ch....
• Texas Section 301.081 - Complaint
  (a) The commission shall investigate complaints of alleged discriminatory housing practices. (b) A complaint must be: (1) in writing; (2) under oath; and (3) in...
• Texas Section 301.082 - Answer
  (a) Not later than the 10th day after the date of receipt of the notice and copy of the complaint under Section 301.081(f)(3), a respondent...
• Texas Section 301.083 - Investigation
  (a) If the federal government has referred a complaint to the commission or has deferred jurisdiction over the subject matter of the complaint to the...
• Texas Section 301.084 - Additional Or Substitute Respondent
  (a) The commission may join a person not named in the complaint as an additional or substitute respondent if during the investigation the commission determines...
• Texas Section 301.085 - Conciliation
  (a) The commission shall, during the period beginning with the filing of a complaint and ending with the filing of a charge or a dismissal...
• Texas Section 301.086 - Temporary Or Preliminary Relief
  (a) The commission may authorize a civil action for temporary or preliminary relief pending the final disposition of a complaint if the commission concludes after...
• Texas Section 301.087 - Investigative Report
  (a) The commission shall prepare a final investigative report including: (1) the names of and dates of contacts with witnesses; (2) a summary of correspondence...
• Texas Section 301.088 - Reasonable Cause Determination
  (a) The commission shall determine from the facts whether reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to...
• Texas Section 301.089 - Charge
  (a) A charge issued under Section 301.088: (1) must consist of a short and plain statement of the facts on which the commission finds reasonable...
• Texas Section 301.090 - Land Use Law
  If the commission determines that the matter involves the legality of a state or local zoning or other land use law or ordinance, the commission...
• Texas Section 301.091 - Dismissal
  (a) If the commission determines that no reasonable cause exists to believe that a discriminatory housing practice that is the subject of a complaint has...
• Texas Section 301.092 - Pending Civil Trial
  The commission may not issue a charge alleging a discriminatory housing practice after the beginning of the trial of a civil action commenced by the...

SUBCHAPTER F ADMINISTRATIVE HEARINGS

• Texas Section 301.093 - Election Of Judicial Determination
  (a) A complainant, a respondent, or an aggrieved person on whose behalf a complaint was filed may elect to have the claims asserted in the...
• Texas Section 301.111 - Administrative Hearing
  (a) If a timely election is not made under Section 301.093, the commission shall provide for a hearing on the charge. (b) Except as provided...
• Texas Section 301.112 - Administrative Penalties
  (a) If the commission determines at a hearing under Section 301.111 that a respondent has engaged in or is about to engage in a discriminatory...
• Texas Section 301.113 - Effect Of Commission Order
  A commission order under Section 301.112 does not affect a contract, sale, encumbrance, or lease that: (1) is consummated before the commission issues the order;...
• Texas Section 301.114 - Licensed Or Regulated Business
  If the commission issues an order with respect to a discriminatory housing practice that occurs in the course of a business subject to a licensing...

SUBCHAPTER G ENFORCEMENT BY ATTORNEY GENERAL

• Texas Section 301.115 - Order In Preceding Five Years
  If the commission issues an order against a respondent against whom another order was issued within the preceding five years under Section 301.112, the commission...
• Texas Section 301.131 - Attorney General Action For Enforcement
  (a) If a timely election is made under Section 301.093, the commission shall authorize and not later than the 30th day after the date the...
• Texas Section 301.132 - Pattern Or Practice Case
  (a) On the request of the commission, the attorney general may file a civil action in district court for appropriate relief if the commission has...

SUBCHAPTER H ENFORCEMENT BY PRIVATE PERSONS

• Texas Section 301.133 - Subpoena Enforcement
  The attorney general, on behalf of the commission or another party at whose request a subpoena is issued under this chapter, may enforce the subpoena...
• Texas Section 301.151 - Civil Action
  (a) An aggrieved person may file a civil action in district court not later than the second year after the date of the occurrence or...
• Texas Section 301.152 - Court-appointed Attorney
  On application by a person alleging a discriminatory housing practice or by a person against whom a discriminatory housing practice is alleged, the court may...
• Texas Section 301.153 - Relief Granted
  If the court finds that a discriminatory housing practice has occurred or is about to occur, the court may award to the plaintiff: (1) actual...
• Texas Section 301.154 - Effect Of Relief Granted
  Relief granted under this subchapter does not affect a contract, sale, encumbrance, or lease that: (1) is consummated before the granting of the relief; and...
• Texas Section 301.155 - Intervention By Attorney General
  (a) On request of the commission, the attorney general may intervene in an action under this subchapter if the commission certifies that the case is...

SUBCHAPTER I CRIMINAL PENALTY

• Texas Section 301.156 - Prevailing Party
  A court in a civil action brought under this chapter or the commission in an administrative hearing under Section 301.111 may award reasonable attorney fees...
• Texas Section 301.171 - Intimidation Or Interference
  (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...

Last modified: September 28, 2016