Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter I - TEXAS FAIR HOUSING ACT COMPLAINTS AND APPEALS PROCESS › Section 819.156 - Reasonable Cause Determination and Issuance of a Charge

Current through Reg. 49, No. 28; July 12, 2024
(a) If a conciliation agreement under this
				  chapter and the Texas Fair Housing Act, Subchapter E, has not been executed by
				  the complainant and the respondent, and approved by the CRD director, the CRD
				  director on behalf of the Agency , within the time limits set forth in
				  subsection (f) of this section, shall determine whether, based on the totality
				  of the factual circumstances known at the time of the decision, reasonable
				  cause exists to believe that a discriminatory housing practice has occurred.
				  The reasonable cause determination shall be based solely on the facts
				  concerning the alleged discriminatory housing practice, provided by complainant
				  and respondent or otherwise disclosed during the investigation. In making the
				  reasonable cause determination, the CRD director shall consider whether the
				  facts concerning the alleged discriminatory housing practice are sufficient to
				  warrant the initiation of a civil action in state district court.
(b) If the CRD director determines that
				  reasonable cause exists, the CRD director shall immediately issue a charge
				  under the Texas Fair Housing Act, Subchapter E, and this chapter on behalf of
				  the complainant, and shall notify the complainant and the respondent of this
				  determination by certified mail or personal service.
(c) If the CRD director determines that no
				  reasonable cause exists, the CRD director shall issue a short written statement
				  of the facts upon which the CRD director has based the no reasonable cause
				  determination; dismiss the complaint; notify the complainant and the respondent
				  of the dismissal (including the written statement of facts) by certified mail
				  or personal service; and make public disclosure of the dismissal.
(d) If the CRD director determines that the
				  matter involves the legality of local zoning or land use laws or ordinances,
				  the CRD director, in lieu of making a determination regarding reasonable cause,
				  shall refer the investigative materials to the Office of the Attorney General
				  for appropriate action under the Texas Fair Housing Act, Subchapter G, and
				  shall notify the complainant and the respondent of this action by certified
				  mail or personal service.
(e) The
				  CRD director shall not issue a charge under this chapter and the Texas Fair
				  Housing Act, Subchapter E, regarding an alleged discriminatory housing
				  practice, if a complainant has commenced the trial of a civil action under
				  federal or state law seeking relief with respect to the alleged discriminatory
				  housing practice. If a charge is not issued because of the commencement of a
				  trial of a civil action, the CRD director shall notify the complainant and the
				  respondent by certified mail or personal service.
(f) The CRD director shall make a reasonable
				  cause determination within 100 days after filing of the complaint.
(g) If the CRD director is unable to make the
				  determination within the 100-day period, the CRD director shall notify the
				  complainant and the respondent, by certified mail or personal service, of the
				  reasons for the delay.
(h) The CRD
				  director shall notify the complainant and respondent, and any aggrieved person
				  on whose behalf a complaint has been filed, that they may elect to have the
				  claims asserted in the charge decided in a civil action, as provided in Texas
				  Property Code §
										301.131,
				  or an administrative hearing pursuant to §
										819.191
				  of this chapter.