Tex. Prop. Code Ann. §§ 301.001–301.171 § 301.156
PREVAILING PARTY.
Operative Text
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. SUBCHAPTER I. CRIMINAL PENALTY
Section 301.156 of the Texas Property Code establishes that in civil actions or administrative hearings brought under Chapter 301 — the Texas Fair Housing Act — a court or the relevant commission has discretion to award reasonable attorney fees to whichever party prevails. Additionally, court costs may be assessed against the losing party. This provision applies to both judicial proceedings and administrative hearings conducted under Section 301.111.
Plain English — not legal advice.
Property owners and managers involved in fair housing disputes under Chapter 301 should be aware that § 301.156 cuts both ways: a prevailing landlord may be entitled to recover reasonable attorney fees and have court costs assessed against the complaining party. Operators who maintain thorough documentation of their housing practices and decisions are generally better positioned in any proceeding where fee-shifting could become relevant. Understanding this provision is part of managing the financial exposure that comes with fair housing litigation or administrative hearings.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 301.156, tenants who successfully pursue a fair housing claim in court or through an administrative hearing under Section 301.111 may be eligible to have their reasonable attorney fees covered by the opposing party, which can make legal action more accessible. Conversely, a tenant who does not prevail could potentially be responsible for the other side's attorney fees and court costs. Tenant-rights organizations and legal aid services can help individuals understand how this fee-shifting provision might apply to a fair housing complaint in Texas.
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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