CHAPTER 301. TEXAS FAIR HOUSING ACT
PROPERTY CODE
TITLE 15. FAIR HOUSING PRACTICES
CHAPTER 301. TEXAS FAIR HOUSING ACT
SUBCHAPTER A. TITLE, PURPOSE, AND DEFINITIONS
Sec. 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.
Sec. 301.0015. TEXAS WORKFORCE COMMISSION CIVIL RIGHTS DIVISION.
The powers and duties exercised by the Commission on Human Rights
under this chapter are transferred to the Texas Workforce
Commission civil rights division. A reference in this chapter to
the "commission" means the Texas Workforce Commission civil
rights division.
Added by Acts 2003, 78th Leg., ch. 302, Sec. 3, eff. March 19,
2004.
Sec. 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
of discriminatory housing practices; and
(3) provide rights and remedies substantially equivalent to
those granted under federal law.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993.
Sec. 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 the person will be injured by a discriminatory
housing practice that is about to occur.
(2) "Complainant" means a person, including the commission, that
files a complaint under Section 301.081.
(3) Repealed by Acts 2003, 78th Leg., ch. 302, Sec. 4(3).
(4) "Conciliation" means the informal negotiations among an
aggrieved person, the respondent, and the commission to resolve
issues raised by a complaint or by the investigation of the
complaint.
(5) "Conciliation agreement" means a written agreement resolving
the issues in conciliation.
(6) "Disability" means a mental or physical impairment that
substantially limits at least one major life activity, a record
of the impairment, or being regarded as having the impairment.
The term does not include current illegal use or addiction to any
drug or illegal or federally controlled substance and does not
apply to an individual because of an individual's sexual
orientation or because that individual is a transvestite.
(7) "Discriminatory housing practice" means an act prohibited by
Subchapter B or conduct that is an offense under Subchapter I.
(8) "Dwelling" means any:
(A) structure or part of a structure that is occupied as, or
designed or intended for occupancy as, a residence by one or more
families; or
(B) vacant land that is offered for sale or lease for the
construction or location of a structure or part of a structure
described by Paragraph (A).
(9) "Family" includes a single individual.
(10) "Respondent" means:
(A) a person accused of a violation of this chapter in a
complaint of discriminatory housing practice; or
(B) a person identified as an additional or substitute
respondent under Section 301.084 or an agent of an additional or
substitute respondent.
(11) "To rent" includes to lease, sublease, or let, or to grant
in any other manner, for a consideration, the right to occupy
premises not owned by the occupant.
(12) "Person" means:
(A) an individual;
(B) a corporation, partnership, association, unincorporated
organization, labor organization, mutual company, joint-stock
company, and trust; and
(C) a legal representative, a trustee, a trustee in a case under
Title 11, U.S.C., a receiver, and a fiduciary.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 17.003,
eff. Sept. 1, 2001.
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:
(A) is the parent or legal custodian; or
(B) has the written permission of the parent or legal custodian
for domicile with that person; or
(3) in the process of obtaining legal custody of an individual
younger than 18 years of age.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993.
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 PROHIBITED
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.
(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.
(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.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993.
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.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993.
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 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993.
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.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993.
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 sold, rented, or made available; or
(3) any person associated with the buyer or renter.
(b) A person may not discriminate against another in the terms,
conditions, or privileges of sale or rental of a dwelling or in
the provision of services or facilities in connection with the
dwelling because of a disability of:
(1) the other person;
(2) a person residing in or intending to reside in that dwelling
after it is sold, rented, or made available; or
(3) any person associated with the other person.
(c) In this section, discrimination includes:
(1) a refusal to permit, at the expense of the person having a
disability, a reasonable modification of existing premises
occupied or to be occupied by the person if the modification may
be necessary to afford the person full enjoyment of the premises;
(2) a refusal to make a reasonable accommodation in rules,
policies, practices, or services if the accommodation may be
necessary to afford the person equal opportunity to use and enjoy
a dwelling; or
(3) the failure to design and construct a covered multifamily
dwelling in a manner:
(A) that allows the public use and common use portions of the
dwellings to be readily accessible to and usable by persons
having a disability;
(B) that allows all doors designed to allow passage into and
within all premises within the dwellings to be sufficiently wide
to allow passage by a person who has a disability and who is in a
wheelchair; and
(C) that provides all premises within the dwellings contain the
following features of adaptive design:
(i) an accessible route into and through the dwelling;
(ii) light switches, electrical outlets, thermostats, and other
environmental controls in accessible locations;
(iii) reinforcements in bathroom walls to allow later
installation of grab bars; and
(iv) kitchens and bathrooms that are usable and have sufficient
space in which an individual in a wheelchair can maneuver.
(d) Compliance with the appropriate requirements of the American
National Standard for buildings and facilities providing
accessibility and usability for persons having physical
disabilities, commonly cited as "ANSI A 117.1," satisfies the
requirements of Subsection (c)(3)(C).
(e) Subsection (c)(3) does not apply to a building the first
occupancy of which occurred on or before March 13, 1991.
(f) This section does not require a dwelling to be made
available to an individual whose tenancy would constitute a
direct threat to the health or safety of other individuals or
whose tenancy would result in substantial physical damage to the
property of others.
(g) In this subsection, the term "covered multifamily dwellings"
means:
(1) buildings consisting of four or more units if the buildings
have one or more elevators; and
(2) ground floor units in other buildings consisting of four or
more units.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993.
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.
(b) In this section, "residential real estate related
transaction" means:
(1) the making or purchasing of loans or the provision of other
financial assistance:
(A) to purchase, construct, improve, repair, or maintain a
dwelling; or
(B) to secure residential real estate; or
(2) the selling, brokering, or appraising of residential real
property.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993.
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.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993.
SUBCHAPTER C. EXEMPTIONS
Sec. 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 owner does not:
(i) own more than three single-family houses at any one time; or
(ii) own any interest in, nor is there owned or reserved on the
person's behalf, under any express or voluntary agreement, title
to or any right to any part of the proceeds from the sale or
rental of more than three single-family houses at any one time;
and
(B) the house is sold or rented without:
(i) the use of the sales or rental facilities or services of a
broker, agent, or salesperson licensed under Chapter 1101,
Occupations Code, or of an employee or agent of a licensed
broker, agent, or salesperson, or the facilities or services of
the owner of a dwelling designed or intended for occupancy by
five or more families; or
(ii) the publication, posting, or mailing of a notice,
statement, or advertisement prohibited by Section 301.022; or
(2) the sale or rental of the rooms or units in a dwelling
containing living quarters occupied by or intended to be occupied
by not more than four families living independently of each
other, if the owner maintains and occupies one of the living
quarters as the owner's residence.
(b) The exemption in Subsection (a)(1) applies only to one sale
or rental in a 24-month period if the owner was not the most
recent resident of the house at the time of the sale or rental.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.810,
eff. Sept. 1, 2003.
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 organization, association,
or society from:
(1) limiting the sale, rental, or occupancy of dwellings that it
owns or operates for other than a commercial purpose to persons
of the same religion; or
(2) giving preference to persons of the same religion, unless
membership in the religion is restricted because of race, color,
or national origin.
(b) This chapter does not prohibit a private club that is not
open to the public and that, as an incident to its primary
purpose, provides lodging that it owns or operates for other than
a commercial purpose from limiting the rental or occupancy of the
lodging to its members or from giving preference to its members.
(c) This chapter does not prohibit a person engaged in the
business of furnishing appraisals of real property from
considering in those appraisals factors other than race, color,
religion, sex, disability, familial status, or national origin.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993.
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 for, and solely occupied by, individuals 62 years
of age or older; or
(3) intended and operated for occupancy by at least one
individual 55 years of age or older for each unit as determined
by commission rules.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993.
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
nondiscrimination in any other state or federal law.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993.
SUBCHAPTER D. ADMINISTRATIVE PROVISIONS
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 Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993.
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 housing practices in this state.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993.
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 practices.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993.
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
discovery in a civil action in district court.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993.
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 Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993.
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 the credit of the fund may be used only
for administering this chapter.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993.
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.
SUBCHAPTER E. ADMINISTRATIVE ENFORCEMENT
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 commission
alleging the discriminatory housing practice. The commission may
file a complaint.
(d) A complaint must be filed on or before the first anniversary
of the date the alleged discriminatory housing practice occurs or
terminates, whichever is later.
(e) A complaint may be amended at any time.
(f) On the filing of a complaint, the commission shall:
(1) give the aggrieved person notice that the complaint has been
received;
(2) advise the aggrieved person of the time limits and choice of
forums under this chapter; and
(3) not later than the 20th day after the date of the filing of
the complaint or the identification of an additional or
substitute respondent under Section 301.084, serve on each
respondent:
(A) a notice identifying the alleged discriminatory housing
practice and advising the respondent of the procedural rights and
obligations of a respondent under this chapter; and
(B) a copy of the original complaint.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993.
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 prescribed by the commission.
(c) An answer may be amended at any time.
(d) An answer does not inhibit the investigation of a complaint.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993.
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) The commission shall investigate all complaints and, except
as provided by Subsection (c), shall complete an investigation
not later than the 100th day after the date the complaint is
filed or, if it is unable to complete the investigation within
the 100-day period, shall dispose of all administrative
proceedings related to the investigation not later than the first
anniversary after the date the complaint is filed.
(c) If the commission is unable to complete an investigation
within the time periods prescribed by Subsection (b), the
commission shall notify the complainant and the respondent in
writing of the reasons for the delay.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993.
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 practice.
(b) In addition to the information required in the notice under
Section 301.081(f), the commission shall include in a notice to a
respondent joined under this section the reasons for the
determination that the person is properly joined as a respondent.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993.
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 conciliation agreement between a respondent and the
complainant is subject to commission approval.
(c) A conciliation agreement may provide for binding arbitration
or another method of dispute resolution. Dispute resolution that
results from a conciliation agreement may authorize appropriate
relief, including monetary relief.
(d) A conciliation agreement is public information unless:
(1) the complainant and respondent agree that it is not; and
(2) the commission determines that disclosure is not necessary
to further the purposes of this chapter.
(e) Statements made or actions taken in the conciliation may not
be made public or used as evidence in a subsequent proceeding
under this chapter without the written consent of the persons
concerned.
(f) After completion of the commission's investigation, the
commission shall make available to the aggrieved person and the
respondent, at any time, information derived from the
investigation and the final investigative report relating to that
investigation.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993.
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 to carry out the
purposes of this chapter.
(b) On receipt of the commission's authorization, the attorney
general shall promptly file the action.
(c) A temporary restraining order or other order granting
preliminary or temporary relief under this section is governed by
the applicable Texas Rules of Civil Procedure.
(d) The filing of a civil action under this section does not
affect the initiation or continuation of administrative
proceedings under Section 301.111.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993.
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 the
correspondence and contacts;
(3) a summary description of other pertinent records;
(4) a summary of witness statements; and
(5) answers to interrogatories.
(b) A final report under this section may be amended if
additional evidence is discovered.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993.
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) not later than the 100th day after the date a complaint is
filed unless:
(1) making the determination is impracticable; or
(2) the commission approves a conciliation agreement relating to
the complaint.
(c) If within the period provided by Subsection (b) making the
determination is impracticable, the commission shall give in
writing to the complainant and the respondent the reasons for the
delay.
(d) If the commission determines that reasonable cause exists to
believe that a discriminatory housing practice has occurred or is
about to occur, the commission shall, except as provided by
Section 301.090, immediately issue a charge on behalf of the
aggrieved person.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993.
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 the final investigative report; and
(3) is not limited to the facts or grounds alleged in the
complaint.
(b) Not later than the 20th day after the date the commission
issues a charge, the commission shall send a copy of the charge
with information about the election under Section 301.093 to:
(1) each respondent; and
(2) each aggrieved person on whose behalf the complaint was
filed.
(c) The commission shall include with a charge sent to a
respondent a notice of the opportunity for a hearing under
Section 301.111.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993.
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 action.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993.
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 commission shall make public disclosure of each
dismissal.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993.
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 housing practice.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993.
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 made not later than the 20th day after
the date the person having the election receives service under
Section 301.089(b) or, in the case of the commission, not later
than the 20th day after the date the charge is issued.
(c) The person making the election shall give notice to the
commission and to all other complainants and respondents to whom
the charge relates.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993.
SUBCHAPTER F. ADMINISTRATIVE HEARINGS
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 hearing under this section on an alleged discriminatory
housing practice may not continue after the beginning of the
trial of a civil action commenced by the aggrieved person under
federal or state law seeking relief with respect to the
discriminatory housing practice.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993.
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, reasonable attorney fees, court costs,
and other injunctive or equitable relief.
(b) To vindicate the public's interest, the commission may
assess a civil penalty against the respondent in an amount that
does not exceed:
(1) $10,000 if the respondent has been found by order of the
commission or a court to have committed a prior discriminatory
housing practice; or
(2) except as provided by Subsection (c):
(A) $25,000 if the respondent has been found by order of the
commission or a court to have committed one other discriminatory
housing practice during the five-year period ending on the date
of the filing of the charges; or
(B) $50,000 if the respondent has been found by the commission
or a court to have committed two or more discriminatory housing
practices during the seven-year period ending on the date of
filing of the charge.
(c) If the acts constituting the discriminatory housing practice
that is the object of the charge are committed by the same
individual who has previously been found to have committed acts
constituting a discriminatory housing practice, the civil
penalties in Subsection (b)(2) may be imposed without regard to
the period of time within which any other discriminatory housing
practice occurred.
(d) At the request of the commission, the attorney general shall
sue to recover a civil penalty due under this section. Funds
collected under this section shall be paid to the comptroller for
deposit in the state treasury to the credit of the fair housing
fund.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993. Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 16.39, eff.
Sept. 1, 1997.
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 have actual notice of the charge filed under this
chapter.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993.
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 day after the date the order is issued:
(1) send copies of the findings and the order to the
governmental agency; and
(2) recommend to the governmental agency appropriate
disciplinary action.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993.
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 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993.
SUBCHAPTER G. ENFORCEMENT BY ATTORNEY GENERAL
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 seeking relief on behalf of the
aggrieved person.
(b) Venue for an action is in the county in which the alleged
discriminatory housing practice occurred or is about to occur.
(c) An aggrieved person may intervene in the action.
(d) If the court finds that a discriminatory housing practice
has occurred or is about to occur, the court may grant as relief
any relief that a court may grant in a civil action under
Subchapter H.
(e) If monetary relief is sought for the benefit of an aggrieved
person who does not intervene in the civil action, the court may
not award the monetary relief if that aggrieved person has not
complied with discovery orders entered by the court.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993.
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 resistance
to the full enjoyment of a right granted under this chapter; or
(2) a person has been denied a right granted by this chapter and
that denial raises an issue of general public importance.
(b) In an action under this section the court may:
(1) award preventive relief, including a permanent or temporary
injunction, restraining order, or other order against the person
responsible for a violation of this chapter as necessary to
assure the full enjoyment of the rights granted by this chapter;
(2) award other appropriate relief, including monetary damages,
reasonable attorney fees, and court costs; and
(3) to vindicate the public interest, assess a civil penalty
against the respondent in an amount that does not exceed:
(A) $50,000 for a first violation; and
(B) $100,000 for a second or subsequent violation.
(c) A person may intervene in an action under this section if
the person is:
(1) a person aggrieved by the discriminatory housing practice;
or
(2) a party to a conciliation agreement concerning the
discriminatory housing practice.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993.
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, eff. Sept. 1,
1993.
SUBCHAPTER H. ENFORCEMENT BY PRIVATE PERSONS
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 this chapter, whichever occurs last, to
obtain appropriate relief with respect to the discriminatory
housing practice or breach.
(b) The two-year period does not include any time during which
an administrative hearing under this chapter is pending with
respect to a complaint or charge under this chapter based on the
discriminatory housing practice. This subsection does not apply
to actions arising from the breach of a conciliation agreement.
(c) An aggrieved person may file an action whether a complaint
has been filed under Section 301.081 and without regard to the
status of any complaint filed under that section.
(d) If the commission has obtained a conciliation agreement with
the consent of an aggrieved person, the aggrieved person may not
file an action with respect to the alleged discriminatory housing
practice that forms the basis of the complaint except to enforce
the terms of the agreement.
(e) An aggrieved person may not file an action with respect to
an alleged discriminatory housing practice that forms the basis
of a charge issued by the commission if the commission has begun
a hearing on the record under this chapter with respect to the
charge.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993.
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. 40, eff. Sept. 1,
1993.
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 permanent or temporary
injunction, temporary restraining order, or other order,
including an order enjoining the defendant from engaging in the
practice or ordering appropriate affirmative action.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993.
Sec. 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
(2) involves a bona fide purchaser, encumbrancer, or tenant who
did not have actual notice of the filing of a complaint or civil
action under this chapter.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993.
Sec. 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 of general public importance.
(b) The attorney general may obtain the same relief as is
available to the attorney general under Section 301.132(b).
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993.
Sec. 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
to the prevailing party and assess court costs against the
nonprevailing party.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993.
SUBCHAPTER I. CRIMINAL PENALTY
Sec. 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 of force
intentionally intimidates or interferes with a person:
(1) because of the person's race, color, religion, sex,
disability, familial status, or national origin and because the
person is or has been selling, purchasing, renting, financing,
occupying, or contracting or negotiating for the sale, purchase,
rental, financing, or occupation of any dwelling or applying for
or participating in a service, organization, or facility relating
to the business of selling or renting dwellings; or
(2) because the person is or has been or to intimidate the
person from:
(A) participating, without discrimination because of race,
color, religion, sex, disability, familial status, or national
origin, in an activity, service, organization, or facility
described by Subdivision (1); or
(B) affording another person opportunity or protection to so
participate; or
(C) lawfully aiding or encouraging other persons to participate,
without discrimination because of race, color, religion, sex,
disability, familial status, or national origin, in an activity,
service, organization, or facility described by Subdivision (1).
(b) An offense under this section is a Class A misdemeanor.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1,
1993.