Tex. Prop. Code Section 301.025
Disability


(a)

A person may not discriminate in the sale or rental of, or make unavailable or deny, a dwelling to any buyer or renter because 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.

Source: Section 301.025 — Disability, https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­301.­htm#301.­025 (accessed Feb. 24, 2024).

301.001
Short Title
301.002
Purposes
301.003
Definitions
301.004
Familial Status
301.005
Construction of Chapter
301.0015
Texas Workforce Commission
301.021
Sale or Rental
301.022
Publication
301.023
Inspection
301.024
Entry into Neighborhood
301.025
Disability
301.026
Residential Real Estate Related Transaction
301.027
Brokerage Services
301.041
Certain Sales and Rentals Exempted
301.042
Religious Organization, Private Club, and Appraisal Exemption
301.043
Housing for Elderly Exempted
301.044
Effect on Other Law
301.0045
Racial Discrimination Based on Hair Texture or Protective Hairstyle
301.062
Rules
301.063
Complaints
301.065
Reports and Studies
301.066
Cooperation with Other Entities
301.067
Subpoenas and Discovery
301.068
Referral to Municipality
301.069
Gifts and Grants
301.070
Accessibility Assistance and Information for Landlords
301.081
Complaint
301.082
Answer
301.083
Investigation
301.084
Additional or Substitute Respondent
301.085
Conciliation
301.086
Temporary or Preliminary Relief
301.087
Investigative Report
301.088
Reasonable Cause Determination
301.089
Charge
301.090
Land Use Law
301.091
Dismissal
301.092
Pending Civil Trial
301.093
Election of Judicial Determination
301.111
Administrative Hearing
301.112
Administrative Penalties
301.113
Effect of Commission Order
301.114
Licensed or Regulated Business
301.115
Order in Preceding Five Years
301.131
Attorney General Action for Enforcement
301.132
Pattern or Practice Case
301.133
Subpoena Enforcement
301.151
Civil Action
301.152
Court-appointed Attorney
301.153
Relief Granted
301.154
Effect of Relief Granted
301.155
Intervention by Attorney General
301.156
Prevailing Party
301.171
Intimidation or Interference

Accessed:
Feb. 24, 2024

§ 301.025’s source at texas​.gov