Tex. Prop. Code Ann. §§ 301.001–301.171 § 301.112

ADMINISTRATIVE PENALTIES.

In Force
Verified 10/28/2026 · Next check 11/4/2026
effective 9/1/1997TexasFair Housing & Anti-Discrimination

Operative Text

Tex. Prop. Code Ann. §§ 301.001–301.171 § 301.112
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.
Source: Legislative text reproduced verbatim
Plain English

Section 301.112 of the Texas Property Code establishes the administrative penalties that the Texas Commission can impose after a formal hearing when a respondent is found to have engaged in, or is about to engage in, a discriminatory housing practice. Depending on the respondent's history of prior violations, civil penalties can range from up to $10,000 for a first prior offense to as much as $50,000 for repeated offenses within defined look-back periods. Beyond monetary penalties, the Commission may also order actual damages, attorney fees, court costs, and other injunctive or equitable relief to remedy the harm caused.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 28, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers subject to Texas fair housing law should be aware that under Tex. Prop. Code § 301.112, the Texas Commission has authority to impose escalating civil penalties based on a respondent's prior record of discriminatory housing practices. A compliant operator generally maintains clear, consistently applied tenant-selection criteria, trains staff on fair housing obligations, and documents decisions to reduce the risk of a finding that could trigger these penalty tiers. Because prior findings can significantly increase the penalty ceiling in any subsequent proceeding, operators typically treat each compliance matter seriously regardless of its apparent scale.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under Tex. Prop. Code § 301.112, tenants who believe they have experienced a discriminatory housing practice may have access to remedies that include actual damages, attorney fees, and civil penalties assessed against the respondent. The Commission can pursue these penalties through a formal hearing process, and the attorney general may sue to recover civil penalties on the Commission's behalf. Tenants can explore filing a complaint with the Texas Workforce Commission Civil Rights Division or contacting a local tenant-rights organization to understand the range of enforcement paths available under this provision.

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.

Effective Timeline

Current
Sep 1, 1997
Click on timeline segments to view historical versions.

References Out

Rules and statutes cited by this regulation

References In

Rules and statutes that cite this regulation

Tex. Prop. Code § 301.081
Tex. Prop. Code § 301.084
Tex. Prop. Code § 301.021
Tex. Prop. Code § 301.022
Tex. Prop. Code § 301.084
Tex. Prop. Code § 301.081
Tex. Prop. Code § 301.081
Tex. Prop. Code § 301.111
Tex. Prop. Code § 301.090
Tex. Prop. Code § 301.088
Tex. Prop. Code § 301.093
Tex. Prop. Code § 301.111
Tex. Prop. Code § 301.131
Tex. Prop. Code § 301.089
Tex. Prop. Code § 301.093
Tex. Prop. Code § 301.111
Tex. Prop. Code § 301.112
Tex. Prop. Code § 301.112
Tex. Prop. Code § 301.093
Tex. Prop. Code § 301.081
Tex. Prop. Code § 301.154
Tex. Prop. Code § 301.132
Tex. Prop. Code § 301.111

Related Rules

§ 5.106
§ 5.106 Equal access in accordance with the individual's gender identity in community planning and development programs.
§ 5.109
§ 5.109 Equal participation of faith-based organizations in HUD programs and activities.
§ 2
Policies; recommendations

Source Information

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