40 Tex. Admin. Code § 819.191
Real Estate Practices Prohibited
Effective Sep 17, 200126 TexReg 7124Source Note: The provisions of this §819.191 adopted to be effective April 13, 1990, 15 TexReg 1843; amended to be effective September 17, 2001, 26 TexReg 7124; transferred effective March 1, 2004, as published in the Texas Register April 9, 2004, 29 TexReg 3653.Texas Secretary of State
In accordance with the commission's interpretation of discriminatory housing practices it shall be unlawful for a person to:
- (1) refuse to sell or rent a dwelling after the making of a bona fide offer, refuse to negotiate for the sale or rental of a dwelling, or otherwise make unavailable or deny a dwelling to any person because of race, color, religion, sex, disability, familial status, or national origin; or discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling or in providing services or facilities in connection with the sale or rental, because of race, color, religion, sex, disability, familial status, or national origin;
- (2) make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, disability, familial status, or national origin, or an intention to make such a preference, limitation, or discrimination;
- (3) represent to any person because of race, color, religion, sex, disability, familial status, or national origin that a dwelling is not available for sale or rental when the dwelling is in fact available;
- (4) induce or attempt to induce for profit a person 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;
- (5) discriminate against a person in making a real estate-related transaction available or in the terms or conditions or a real estate-related transaction because of race, color, religion, sex, disability, familial status, or national origin by a person whose business includes engaging in a residential real estate-related transaction;
- (6) deny any person access to, or membership or participation in, a multi-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, or service, or facility because of race, color, religion, sex, disability, familial status, or national origin;
(7) intimidate or interfere with or attempt to intimidate or interfere with a person intentionally, whether or not acting under color of law, by force, or threat of force:
- (A) 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 a dwelling or for applying for or participating in a service, organization, or facility relating to the business of selling or renting dwellings;
- (B) because the person is or has been, or to intimidate the person from participating without discrimination because of race, color, religion, sex, disability, familial status, or national origin in an activity, service, or facility related to the business of selling or renting dwellings, affording another person opportunity or protection to so participate, or unlawfully 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, of facility relating to the business of selling or renting dwellings;
- (C) because a person has made a complaint, testified, assisted, or participated in any manner in a proceeding under the Texas Fair Housing Act.
Source Note:The provisions of this §819.191 adopted to be effective April 13, 1990, 15 TexReg 1843; amended to be effective September 17, 2001, 26 TexReg 7124; transferred effective March 1, 2004, as published in the Texas Register April 9, 2004, 29 TexReg 3653.