Title PR, Property Code

Sec. 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) pregnant; (2) domiciled with an individual younger than 18 years of age in regard to whom the person…

Sec. 301.0045. RACIAL DISCRIMINATION BASED ON HAIR TEXTURE OR PROTECTIVE HAIRSTYLE. (a) In this section, "protective hairstyle" includes braids, locks, and twists. (b) A provision in this chapter, other than a provision in Subchapter I, referring to discrimination because of race…

Sec. 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, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1, 1993. SUBCHAPTER B. DISCRIMINATION PROHIBIT…

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 s…

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 intent…

Sec. 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 for inspection for sale or rental when the dwelling is available for inspection. Added by Acts 1…

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, …

Sec. 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 of a disability of: (1) the buyer or renter; (2) a person residing in or intending to reside in that dwelling after it is s…

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 r…

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 di…

Sec. 301.041. CERTAIN SALES AND RENTALS EXEMPTED. (a) Sections 301.021, 301.023, 301.024, and 301.025 do not apply to: (1) the sale or rental of a single-family house sold or rented by the owner if: (A) the owner does not: (i) own more than three single-family houses at any one t…

Sec. 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 conjunction with a religious o…

Sec. 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 assist elderly individuals under a federal or state program; (2) intended fo…

Sec. 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 restriction relating to health or safety standards. (b) This chapter does not affect a requirement of…

Sec. 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 the same as are provided in federal fair housing regulations. Added by Acts 1993, 73rd …

Sec. 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 by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1, 1993.

Sec. 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) The commission shall make studies relating to the nature and extent of discriminatory h…

Sec. 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 or operating programs to prevent or eliminate discriminatory housing…

Sec. 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 the same extent and are subject to the same limitations as subpoenas and discover…

Sec. 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 and Urban Development as a substantially equivalent fair housing agency. Added by A…

Sec. 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 deposited to the credit of the fair housing fund in the state treasury. (c) Money deposited to t…

Sec. 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. 872, Sec. 16, eff. Sept. 1, 1999. SUBCH…

Sec. 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 the form prescribed by the commission. (c) An aggrieved person may file a complaint with the c…

Sec. 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 may file an answer to the complaint. (b) An answer must be: (1) in writing; (2) under oath; and (3) in the form prescr…

Sec. 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 commission, the commission shall promptly investigate the allegations set forth in the complaint. (b)…

Sec. 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 that the person should be accused of a discriminatory housing practic…

Sec. 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 by the commission, to the extent feasible, engage in conciliation with respect to the complaint. (b) A conciliati…

Sec. 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 the filing of the complaint that prompt judicial action is necessary t…

Sec. 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 and other contacts with the aggrieved person and the respondent showing the dates of…

Sec. 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 occur. (b) The commission shall make the determination under Subsection (a…

Sec. 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 cause to believe that a discriminatory housing practice has occurred or is about to occur; (2) must be based on t…

Sec. 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 may not issue a charge and shall immediately refer the matter to the attorney general for appropriate actio…

Sec. 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 occurred or is about to occur, the commission shall promptly dismiss the complaint. (b) The commissio…

Sec. 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 aggrieved party under federal or state law seeking relief with respect to that discriminatory ho…

Sec. 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 charge decided in a civil action as provided by Section 301.131. (b) The election must be m…

Sec. 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 by Subsection (c), Chapter 2001, Government Code, governs a hearing and an appeal of a hearing. (c) A…

Sec. 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 housing practice, the commission may order the appropriate relief, including actual damages, reas…

Sec. 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; and (2) involves a bona fide purchaser, encumbrancer, or tenant who did not …

Sec. 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 or regulation by a governmental agency, the commission shall, not later than the 30th d…

Sec. 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 shall send a copy of each order to the attorney general. Added by Acts 1…

Sec. 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 election is made the attorney general shall file in a district court a civil action see…

Sec. 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 reasonable cause to believe that: (1) a person is engaged in a pattern or practice of resistan…

Sec. 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 in appropriate proceedings in district court. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40,…

Sec. 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 the termination of an alleged discriminatory housing practice or the breach of a conciliation agreement entered under t…

Sec. 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 appoint an attorney for the person. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 4…

Sec. 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 and punitive damages; (2) reasonable attorney fees; (3) court costs; and (4) subject to Section 301.154, a p…