Tex. Prop. Code Ann. §§ 301.001–301.171 § 301.004
FAMILIAL STATUS.
Operative Text
Sec. 301.004. FAMILIAL STATUS. A discriminatory act is committed because of familial status if the act is committed because the person who is the subject of discrimination is:(1) pregnant;(2) domiciled with an individual younger than 18 years of age in regard to whom the person:(A) is the parent or legal custodian; or(B) has the written permission of the parent or legal custodian for domicile with that person; or(3) in the process of obtaining legal custody of an individual younger than 18 years of age. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1, 1993.
Section 301.004 of the Texas Property Code defines 'familial status' as a protected characteristic under the state's fair housing law. A discriminatory act is considered to be 'because of familial status' when it targets someone who is pregnant, living with a minor child (as a parent, legal custodian, or with written custodial permission), or in the process of obtaining legal custody of a child under 18. This definition means that housing decisions — such as renting, selling, or setting terms — cannot lawfully be made on the basis of these family circumstances.
Plain English — not legal advice.
Under § 301.004, Texas property owners and managers are expected to treat applicants and residents who are pregnant, living with minor children, or pursuing legal custody of a child the same as any other qualified applicant or resident. Compliant operators generally review applications using consistent, objective criteria that do not factor in pregnancy or the presence of children in the household. Policies around occupancy standards, lease terms, and amenity access are typically reviewed to ensure they do not have the effect of singling out households protected under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 301.004 establishes that familial status — including pregnancy, living with a child under 18, or pursuing legal custody — is a protected characteristic under Texas fair housing law. If a tenant believes they have been denied housing, charged different terms, or otherwise treated adversely because of one of these circumstances, they may have grounds to raise a fair housing complaint. General enforcement paths include filing a complaint with the Texas Workforce Commission Civil Rights Division or the U.S. Department of Housing and Urban Development, or consulting a tenant-rights organization familiar with § 301.004 claims.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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