40 Tex. Admin. Code § 819.194
Other Prohibited Sale and Rental Conduct
Effective Sep 17, 200126 TexReg 7124Source Note: The provisions of this §819.194 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
(a) It shall be unlawful, because of race, color, religion, sex, disability, familial status, or national origin to restrict or attempt to restrict the choices of a person by word or conduct in connection with seeking, negotiating for, buying, or renting a dwelling so as to perpetuate, or tend to perpetuate, segregated housing patterns, or to discourage or obstruct choices in a community, neighborhood, or development. Prohibited practices under this section generally refer to unlawful steering practices that include, but are not limited to:
- (1) discouraging any person from inspecting, purchasing, or renting a dwelling because of race, color, religion, sex, disability, familial status, or national origin or because of race, color, religion, sex, handicap, familial status, or national origin of persons in a community, neighborhood, or development;
- (2) discouraging the purchase or rental of a dwelling because of race, color, religion, sex, disability, familial status, or national origin by exaggerating drawbacks or failing to inform any person of desirable features of a dwelling or of a community, neighborhood, or development;
- (3) communicating to any prospective purchaser that he or she would not be comfortable or compatible with existing residents of a community, neighborhood, or development because of race, color, religion, sex, disability, familial status, or national origin;
- (4) assigning any person to a particular section of a community, neighborhood, or development or to a particular floor of a building because of race, color, religion, sex, disability, familial status, or national origin.
(b) It shall be unlawful because of race, color, religion, sex, disability, familial status, or national origin to engage in any conduct relating to the provision of housing or of services and facilities in connection therewith that otherwise makes unavailable or denies dwellings to persons. Prohibited sales and rental practices under this section include, but are not limited to:
- (1) discharging or taking other adverse action against an employee, broker, or agent because he or she refused to participate in a discriminatory housing practice;
- (2) employing codes or other devices to segregate or reject applicants, purchasers, or renters, refusing to take or to show listings of dwellings in certain areas because of race, color, religion, sex, disability, familial status, or national origin, or refusing to deal with certain brokers or agents because they or one or more of their clients are of a particular race, color, religion, sex, disability, familial status, or national origin;
- (3) denying or delaying the processing of an application made by a purchaser or renter or refusing to approve such a person for occupancy in a cooperative or condominium dwelling because of race, color, religion, sex, disability, familial status, or national origin;
- (4) refusing to provide municipal services or property or hazard insurance for dwelling or providing such services or insurance differently because of race, color, religion, sex, disability, familial status, or national origin.
Source Note:The provisions of this §819.194 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.