2009 Texas Code
PROPERTY CODE
TITLE 15. FAIR HOUSING PRACTICES
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(3) Repealed by Acts 2003, 78th Leg., ch. 302, Sec. 4(3).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.