This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

 
 
  H.B. No. 1153
 
 
 
 
AN ACT
  relating to the applicability of the Texas Fair Housing Act to
  certain sales and rentals.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 301.041, Property Code, is amended to
  read as follows:
         Sec. 301.041.  CERTAIN SALES AND RENTALS EXEMPTED. (a)
  Sections 301.021, 301.023, 301.024, and 301.025 do [Subchapter B
  does] not apply to:
               (1)  the sale or rental of a single-family house sold or
  rented by the owner if:
                     (A)  the owner does not:
                           (i)  own more than three single-family
  houses at any one time; or
                           (ii)  own any interest in, nor is there owned
  or reserved on the person's behalf, under any express or voluntary
  agreement, title to or any right to any part of the proceeds from
  the sale or rental of more than three single-family houses at any
  one time; and
                     (B)  the house is sold or rented without:
                           (i)  the use of the sales or rental
  facilities or services of a broker, agent, or salesperson licensed
  under Chapter 1101, Occupations Code, or of an employee or agent of
  a licensed broker, agent, or salesperson, or the facilities or
  services of any person in the business of selling or renting a
  dwelling [the owner of a dwelling designed or intended for
  occupancy by five or more families]; or
                           (ii)  the publication, posting, or mailing
  of a notice, statement, or advertisement prohibited by Section
  301.022; or
               (2)  the sale or rental of the rooms or units in a
  dwelling containing living quarters occupied by or intended to be
  occupied by not more than four families living independently of
  each other, if the owner maintains and occupies one of the living
  quarters as the owner's residence.
         (b)  The exemption in Subsection (a)(1) applies only to one
  sale [or rental] in a 24-month period if the owner was not the most
  recent resident of the house at the time of the sale [or rental].
         (c)  Subsection (a) does not prohibit the use of attorneys,
  escrow agents, abstractors, title companies, and other
  professional assistants necessary to transfer title.
         (d)  For purposes of Subsection (a), a person is in the
  business of selling or renting a dwelling if:
               (1)  the person has, within the preceding year,
  participated as the seller or landlord in three or more
  transactions involving the sale or rental of a dwelling or any
  interest in a dwelling;
               (2)  the person has, within the preceding year,
  participated in two or more transactions, other than transactions
  involving the person's own dwelling, as an agent providing sales or
  rental facilities or services involving the sale or rental of a
  dwelling or any interest in a dwelling; or
               (3)  the person is the owner of a dwelling designed or
  intended for occupancy by, or that is occupied by, five or more
  families.
         SECTION 2.  This Act takes effect September 1, 2021.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1153 was passed by the House on April
  27, 2021, by the following vote:  Yeas 108, Nays 37, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1153 was passed by the Senate on May
  21, 2021, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor