reglab/statecodes huggingface dataset:
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter D. Administrative Provisions › Section 301.063. Complaints

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.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter D. Administrative Provisions › Section 301.065. Reports and Studies

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.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter D. Administrative Provisions › Section 301.066. Cooperation With Other Entities

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.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter D. Administrative Provisions › Section 301.067. Subpoenas and Discovery

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.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter D. Administrative Provisions › Section 301.068. Referral to Municipality

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.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter D. Administrative Provisions › Section 301.069. Gifts and Grants

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.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter D. Administrative Provisions › Section 301.070. Accessibility Assistance and Information for Landlords

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.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter E. Administrative Enforcement › Section 301.081. Complaint

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.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter E. Administrative Enforcement › Section 301.082. Answer

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.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter E. Administrative Enforcement › Section 301.083. Investigation

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.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter E. Administrative Enforcement › Section 301.084. Additional or Substitute Respondent

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.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter E. Administrative Enforcement › Section 301.085. Conciliation

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.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter E. Administrative Enforcement › Section 301.086. Temporary or Preliminary Relief

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.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter E. Administrative Enforcement › Section 301.087. Investigative Report

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.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter E. Administrative Enforcement › Section 301.088. Reasonable Cause Determination

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.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter E. Administrative Enforcement › Section 301.089. Charge

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.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter E. Administrative Enforcement › Section 301.090. Land Use Law

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.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter E. Administrative Enforcement › Section 301.091. Dismissal

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.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter E. Administrative Enforcement › Section 301.092. Pending Civil Trial

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.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter E. Administrative Enforcement › Section 301.093. Election of Judicial Determination

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.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter F. Administrative Hearings › Section 301.111. Administrative Hearing

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.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter F. Administrative Hearings › Section 301.112. Administrative Penalties

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.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter F. Administrative Hearings › Section 301.113. Effect of Commission Order

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.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter F. Administrative Hearings › Section 301.114. Licensed or Regulated Business

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.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter F. Administrative Hearings › Section 301.115. Order in Preceding Five Years

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.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter G. Enforcement by Attorney General › Section 301.131. Attorney General Action for Enforcement

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.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter G. Enforcement by Attorney General › Section 301.132. Pattern or Practice Case

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.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter G. Enforcement by Attorney General › Section 301.133. Subpoena Enforcement

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.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter H. Enforcement by Private Persons › Section 301.151. Civil Action

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.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter H. Enforcement by Private Persons › Section 301.152. Court-Appointed Attorney

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.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter H. Enforcement by Private Persons › Section 301.153. Relief Granted

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.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter H. Enforcement by Private Persons › Section 301.154. Effect of Relief Granted

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.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter H. Enforcement by Private Persons › Section 301.155. Intervention by Attorney General

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.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter H. Enforcement by Private Persons › Section 301.156. Prevailing Party

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.
2023 Texas Statutes › Property Code › Title 15 - Fair Housing Practices › Chapter 301 - Texas Fair Housing Act › Subchapter I. Criminal Penalty › Section 301.171. Intimidation or Interference

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.
2023 Texas Statutes › Special District Local Laws Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.001. Purpose of Code

Sec. 1.001.  PURPOSE OF CODE.  (a)  This code is enacted as a part of the state's continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed by the legislature in the law codified as Section 323.007, Government Code.  The program contemplates a topic-by-topic revision of the state's general and permanent statute law without substantive change.
(b)  Consistent with the objectives of the statutory revision program, the purpose of this code is to make the law encompassed by this code more accessible and understandable by:
(1)  rearranging the statutes into a more logical order;
(2)  employing a format and numbering system designed to facilitate citation of the law and to accommodate future expansion of the law;
(3)  eliminating repealed, duplicative, unconstitutional, expired, executed, and other ineffective provisions;  and
(4)  restating the law in modern American English to the greatest extent possible.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.002. Construction of Code

Sec. 1.002.  CONSTRUCTION OF CODE.  Chapter 311, Government Code (Code Construction Act), applies to the construction of each provision in this code except as otherwise expressly provided by this code.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.003. Reference in Law to Statute Revised by Code

Sec. 1.003.  REFERENCE IN LAW TO STATUTE REVISED BY CODE.  A reference in a law to a statute or a part of a statute revised by this code is considered to be a reference to the part of this code that revises that statute or part of that statute.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.004. Limitation on Exercise of Eminent Domain Power

Sec. 1.004.  LIMITATION ON EXERCISE OF EMINENT DOMAIN POWER.  An entity governed by Title 6 and authorized by law to exercise the power of eminent domain may only exercise the power for a public use in accordance with Section 17, Article I, Texas Constitution.
Added by Acts 2013, 83rd Leg., R.S., Ch. 92 (S.B. 655), Sec. 1, eff. May 18, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.005. Effect of Nonsubstantive Revision on Certain Eminent Domain Authority

Sec. 1.005.  EFFECT OF NONSUBSTANTIVE REVISION ON CERTAIN EMINENT DOMAIN AUTHORITY.  The revision by Chapter 112 (S.B. 1026), Acts of the 83rd Legislature, Regular Session, 2013, effective April 1, 2015, of a law regarding eminent domain authority, or any other nonsubstantive revision in this code of a law regarding eminent domain authority, does not affect any expiration of an entity's eminent domain authority that may have occurred under Section 2206.101, Government Code, on September 1, 2013.
Added by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 15.001(a), eff. June 19, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 2 - Environment and Sanitation › Subtitle A - Solid Waste Management › Chapter 21 - Upper Sabine Valley Solid Waste Management District › Subchapter A. General Provisions › Section 21.001. Definitions

Sec. 21.001.  DEFINITIONS.  In this Act:
(1)  "Board" means the district's board of directors.
(2)  "Commission" means the Texas Commission on Environmental Quality.
(3)  "Director" means a board member.
(4)  "District" means the Upper Sabine Valley Solid Waste Management District.
(5)  "Local government" means:
(A)  a municipality;
(B)  a county; or
(C)  a water or other special district or authority acting under Sections 52(b)(1) and (2), Article III, or Section 59, Article XVI, Texas Constitution.
(6)  "Solid waste" has the meaning assigned by Section 361.003, Health and Safety Code.
(7)  "Water" means groundwater, percolating or otherwise, lakes, bays, ponds, springs, rivers, streams, creeks, and all other bodies of surface water, natural or artificial, that are wholly or partly in the district.
(8)  "Water pollution" means alteration of the physical, chemical, or biological quality of water or contamination of water that:
(A)  renders the water harmful, detrimental, or injurious to:
(i)  humans, animal life, vegetation, or property; or
(ii)  public health, safety, or welfare; or
(B)  impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.01, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 2 - Environment and Sanitation › Subtitle A - Solid Waste Management › Chapter 21 - Upper Sabine Valley Solid Waste Management District › Subchapter A. General Provisions › Section 21.002. Nature of District

Sec. 21.002.  NATURE OF DISTRICT.  The district is  a conservation and reclamation district created under Section 59, Article XVI, Texas Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.01, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 2 - Environment and Sanitation › Subtitle A - Solid Waste Management › Chapter 21 - Upper Sabine Valley Solid Waste Management District › Subchapter A. General Provisions › Section 21.003. Purpose

Sec. 21.003.  PURPOSE.  The purpose of this chapter is to establish an instrumentality to develop and carry out a regional water quality protection program through solid waste management and regulation of waste disposal for Rains, Upshur, and Wood Counties and for the portion of Smith County that is north of Interstate Highway 20.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.01, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 2 - Environment and Sanitation › Subtitle A - Solid Waste Management › Chapter 21 - Upper Sabine Valley Solid Waste Management District › Subchapter A. General Provisions › Section 21.004. Findings and Declaration of Policy

Sec. 21.004.  FINDINGS AND DECLARATION OF POLICY.  (a)  The legislature finds that:
(1)  the quality of water in East Texas is materially affected by the disposal of waste throughout the region;
(2)  a regional effort to study water pollution, plan corrective and preventive measures, provide coordinated facilities for waste disposal, and regulate waste disposal is far more effective than efforts on a smaller scale;
(3)  solid waste, as well as other waste, may impair water quality by seepage or drainage; and
(4)  creation of the district would advance the established policy of this state to maintain the quality of the water in the state consistent with:
(A)  public health and enjoyment;
(B)  the propagation and protection of terrestrial and aquatic life;
(C)  the operation of existing industries;  and
(D)  the economic development of the state.
(b)  All area included in the district will benefit from the exercise of the power conferred by this chapter.
(c)  The district is a public entity performing an essential public function.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.01, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 2 - Environment and Sanitation › Subtitle A - Solid Waste Management › Chapter 21 - Upper Sabine Valley Solid Waste Management District › Subchapter A. General Provisions › Section 21.005. State Policy Regarding Waste Disposal

Sec. 21.005.  STATE POLICY REGARDING WASTE DISPOSAL.  The district's powers and duties are subject to the state policy of encouraging the development and use of integrated area-wide waste collection, treatment, and disposal systems to serve the waste disposal needs of this state's residents, if integrated systems can reasonably be provided for an area, so as to avoid the economic burden on residents and the impact on state water quality caused by the construction and operation of numerous small waste collection, treatment, and disposal facilities.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.01, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 2 - Environment and Sanitation › Subtitle A - Solid Waste Management › Chapter 21 - Upper Sabine Valley Solid Waste Management District › Subchapter B. District Territory and Changes To › Section 21.051. District Territory

Sec. 21.051.  DISTRICT TERRITORY.  Unless the district territory has been modified under this subchapter, Subchapter J, Chapter  49, Water Code, or other law, the district's territory consists of Rains, Upshur, and Wood Counties and the portion of Smith County north of Interstate Highway 20.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.01, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 2 - Environment and Sanitation › Subtitle A - Solid Waste Management › Chapter 21 - Upper Sabine Valley Solid Waste Management District › Subchapter B. District Territory and Changes To › Section 21.052. Annexation of County; Petition

Sec. 21.052.  ANNEXATION OF COUNTY; PETITION.  (a)  The board may annex an adjacent county in the manner provided by this section and Sections 21.053 and 21.055.
(b)  To initiate annexation proceedings, the commissioners court of the adjacent county must petition the board requesting the board to call an election for the annexation of the petitioner's county.  The petition must be in writing and be endorsed by a majority of the members of the commissioners court.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.01, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 2 - Environment and Sanitation › Subtitle A - Solid Waste Management › Chapter 21 - Upper Sabine Valley Solid Waste Management District › Subchapter B. District Territory and Changes To › Section 21.053. Annexation Petition Hearing; Notice

Sec. 21.053.  ANNEXATION PETITION HEARING; NOTICE.  (a)  On receipt of a  petition under Section 21.052, the board shall set a date, time, and place to hold a hearing on the petition.  The date may not be later than the 20th day after the date on which the board receives the petition.
(b)  In addition to the notice required under the open meetings law, Chapter 551, Government Code, the board shall publish notice of the date, time, place, and purpose of the hearing in one or more newspapers with general circulation in the district and in the county to be annexed.
(c)  Any person may testify at the hearing for or against annexation of the county to the district.
(d)  At the conclusion of the hearing, the board shall determine if an annexation election should be held in the county to be annexed.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.01, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 2 - Environment and Sanitation › Subtitle A - Solid Waste Management › Chapter 21 - Upper Sabine Valley Solid Waste Management District › Subchapter B. District Territory and Changes To › Section 21.054. Exclusion of County

Sec. 21.054.  EXCLUSION OF COUNTY.  (a)  The commissioners court of a county in the district may petition the board to hold an election in the county to determine if a majority of voters of that county want to exclude the county from the district.
(b)  If the district has not issued bonds or incurred other long-term debt before the commissioners court filed the petition, the board shall, on receipt of the petition, enter an order authorizing the commissioners court to call an election in that county.
(c)  If the district issued bonds or other long-term debt before the commissioners court filed the petition, the board must obtain adequate legal and financial assurances that, if the county withdraws from the district, the county will assume and pay to the district the county's proportionate share of the district's outstanding debt based on assessed valuation of taxable property in the county and district.  After obtaining assurances the board considers adequate, the board shall enter an order authorizing the commissioners court of that county to call an election in that county to determine if the county should be excluded from the district.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.01, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 2 - Environment and Sanitation › Subtitle A - Solid Waste Management › Chapter 21 - Upper Sabine Valley Solid Waste Management District › Subchapter B. District Territory and Changes To › Section 21.055. Election on Annexation or Exclusion of County

Sec. 21.055.  ELECTION ON ANNEXATION OR EXCLUSION OF COUNTY.  (a)  Annexation or exclusion of a county is final when approved by a majority of the voters at an election held in the county to be annexed or excluded.  An election in the existing district accepting the addition of a county is not required.
(b)  Section 41.001(a), Election Code, does not apply to an election held under this section.
(c)  The election ballots shall be printed to provide for voting for or against the following, as applicable:
(1)  "Adding (description of county to be added) to the Upper Sabine Valley Solid Waste Management District."
(2)  "(Description of county to be added) assuming its proportionate share of the outstanding debts and taxes of the Upper Sabine Valley Solid Waste Management District, if it is added to the district."
(3)  "The exclusion of ____________________ County from the Upper Sabine Valley Solid Waste Management District and assumption by the county of a duty to pay its proportionate share of the outstanding indebtedness of the district."
(d)  If a district has outstanding debts or taxes, the voters in an election to approve the annexation must also determine if the annexed county will assume its proportion of the debts or taxes if added to the district.
(e)  If the district has outstanding bonds or other long term obligations, the voters in the election to approve the exclusion must also determine if the excluded county will assume a duty to pay its proportion of the district's outstanding indebtedness.
(f)  The board shall file a copy of the election results with the commission.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.01, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 2 - Environment and Sanitation › Subtitle A - Solid Waste Management › Chapter 21 - Upper Sabine Valley Solid Waste Management District › Subchapter B. District Territory and Changes To › Section 21.056. Continued Bond Obligation for Excluded County

Sec. 21.056.  CONTINUED BOND OBLIGATION FOR EXCLUDED COUNTY.  The exclusion of a county under Section 21.054(c) does not relieve the district of its obligation to perform and observe the covenants and obligations or the conditions prescribed by the order or resolution authorizing the issuance of the district's bonds.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.01, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 2 - Environment and Sanitation › Subtitle A - Solid Waste Management › Chapter 21 - Upper Sabine Valley Solid Waste Management District › Subchapter C. Board of Directors › Section 21.101. Governing Body; Composition

Sec. 21.101.  GOVERNING BODY; COMPOSITION.  (a)  The district is governed by a board of directors composed of at least six directors.
(b)  If the district is composed of only one county, the commissioners court of that county shall appoint six persons to serve as directors.
(c)  If the district is composed of two counties, the commissioners court of each county included in the district shall each appoint three persons to serve as directors.
(d)  If the district is composed of three or more counties, the commissioners court of each county included in the district shall each appoint two persons to serve as directors.
(e)  At least one of the directors appointed by each commissioners court shall represent the interests of municipalities and of unincorporated communities with a population of 1,000 or more that are located in that county.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.01, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 2 - Environment and Sanitation › Subtitle A - Solid Waste Management › Chapter 21 - Upper Sabine Valley Solid Waste Management District › Subchapter C. Board of Directors › Section 21.102. Appointment of Directors From Annexed County

Sec. 21.102.  APPOINTMENT OF DIRECTORS FROM ANNEXED COUNTY.  (a)  The commissioners court of an annexed county shall appoint two directors to serve on the board.
(b)  The newly appointed directors shall draw lots to determine their initial terms of office.  One new director shall serve an initial term that coincides with the terms of directors that expire before the expiration of two years and the other new director shall serve a term that expires after the expiration of  two years but before the expiration of four years.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.01, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 2 - Environment and Sanitation › Subtitle A - Solid Waste Management › Chapter 21 - Upper Sabine Valley Solid Waste Management District › Subchapter C. Board of Directors › Section 21.103. Term

Sec. 21.103.  TERM.  Except as provided by Section 21.102(b), a director serves a term of four years.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.01, eff. April 1, 2009.