Tex. Prop. Code Ann. §§ 301.001–301.171 § 301.044
EFFECT ON OTHER LAW.
Operative Text
Sec. 301.044. EFFECT ON OTHER LAW. (a) This chapter does not affect a reasonable local or state restriction on the maximum number of occupants permitted to occupy a dwelling or a restriction relating to health or safety standards.(b) This chapter does not affect a requirement of nondiscrimination in any other state or federal law. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1, 1993. SUBCHAPTER D. ADMINISTRATIVE PROVISIONS
Section 301.044 of the Texas Property Code clarifies that the fair housing protections established in Chapter 301 do not override or nullify other laws that independently regulate housing. Specifically, reasonable local or state rules capping the number of occupants in a dwelling, as well as health and safety standards, remain fully in effect alongside Chapter 301. Similarly, any nondiscrimination requirements found in other state or federal laws continue to apply independently of this chapter.
Plain English — not legal advice.
Under § 301.044, property owners and managers operating in Texas must recognize that compliance with Chapter 301's fair housing provisions does not substitute for compliance with other applicable laws. A compliant operator generally continues to observe locally adopted occupancy limits and health or safety codes, understanding that those rules are preserved and not displaced by this chapter. Operators also remain bound by any additional nondiscrimination obligations imposed by other state or federal statutes, meaning Chapter 301 sets a floor, not a ceiling, for fair housing obligations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 301.044 means that tenants in Texas retain the protections of other nondiscrimination laws—such as federal fair housing statutes—even when Chapter 301 is the primary framework being discussed. If a landlord enforces an occupancy limit or health and safety rule in a way that feels discriminatory, tenants may have recourse under multiple overlapping legal frameworks, not just Chapter 301. Tenant-rights organizations and local fair housing agencies can help identify which laws may apply to a given situation and what complaint or enforcement paths are available.
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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