1. (a) It is unlawful to discriminate by refusing to sell or rent, or otherwise make unavailable, or deny a dwelling to a potential buyer or renter based on a disability of:

   1. (1) the potential buyer or renter;
   2. (2) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or
   3. (3) any person associated with that person.

2. (b) It is unlawful to discriminate against any person in the terms, conditions, or privileges of the sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a disability of:

   1. (1) that buyer or renter;
   2. (2) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or
   3. (3) any person associated with that person.

3. (c) It is unlawful to make an inquiry to determine whether a potential buyer or renter of a dwelling, a person intending to reside in that dwelling after it is sold, rented, or made available, or any person associated with that potential buyer or renter has a disability. However, this section does not prohibit the following inquiries, provided they are made of each potential buyer or renter, whether or not the person has a disability:

   1. (1) Whether the potential buyer or renter is able to meet the requirements of ownership or tenancy;
   2. (2) Whether the potential buyer or renter qualifies for a dwelling available only to individuals with disabilities or to people with a particular type of disability;
   3. (3) Whether the potential buyer or renter qualifies for a priority available to individuals with disabilities or to people with a particular type of disability;
   4. (4) Whether the potential buyer or renter is a current illegal abuser or addict of a controlled substance; or
   5. (5) Whether the potential buyer or renter has been convicted of the illegal manufacture or distribution of a controlled substance.

Source Note:The provisions of this §819.132 adopted to be effective September 27, 2005, 30 TexReg 6065; amended to be effective June 16, 2014, 39 TexReg 4659.