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Map of Texas eviction risk by county

Fair Housing Protected Classes in Texas 2026

Federal Fair Housing Act baseline plus Texas-specific additions under Tex. Prop. Code § 301 (Texas Fair Housing Act).

7 classes Total protected (7 federal + 0 state)
Preempted Source-of-income protection
0 additions Beyond federal baseline
$25,597 Federal first-offense max civil penalty (24 C.F.R. § 180.671)
Federal baseline (uniform in Texas): The Fair Housing Act, 42 U.S.C. § 3604, prohibits discrimination based on race, color, religion, national origin, sex (incl. sexual orientation and gender identity per HUD 2021), familial status, and disability. These seven classes are enforceable in Texas through HUD complaint regardless of what state law says.

Source of Income, Section 8 / HCV Status in Texas

Texas: SOI Preempted by State Law.

Texas expressly preempts local source-of-income ordinances, a city or county cannot require landlords to accept Section 8. Landlords statewide may legally decline voucher applicants for reason of payment source alone.

All 7 Protected Classes in Texas

Federal classes apply uniformly. The classes shaded green below are Texas-specific additions under Tex. Prop. Code § 301 (Texas Fair Housing Act).

Race (federal)
Color (federal)
Religion (federal)
National Origin (federal)
Sex (federal)
Familial Status (federal)
Disability (federal)

Recent Texas Statutory Activity

SB 267 (2015) preempts local SOI/HCV ordinances; statewide law mirrors federal FHA.

Here is the fact most Texas landlords and voucher holders ask about first: in Texas, a landlord may legally refuse a Section 8 housing-choice voucher applicant for payment source alone, anywhere in the state. Source of income is not a protected class, and Texas law goes a step further. SB 267 (2015) preempts cities and counties from passing their own ordinances that would force landlords to accept vouchers. So unlike states where a local "source of income" rule can quietly flip the answer in one city, the result in Texas is uniform statewide.

Beyond that voucher rule, Texas fair-housing law is governed by the Tex. Prop. Code § 301 (Texas Fair Housing Act), enforced by the Texas Workforce Commission, Civil Rights Division. The state statute tracks the federal Fair Housing Act closely and protects the same core characteristics, it does not extend coverage to additional categories the way some states do.

The statute and who enforces it

Texas fair-housing claims rest on the Tex. Prop. Code § 301 (Texas Fair Housing Act), which is administered by the Texas Workforce Commission, Civil Rights Division. The division investigates complaints, attempts conciliation, and refers unresolved matters for enforcement. Because the Texas act is written to substantially mirror the federal Fair Housing Act, a complaint can often proceed on a parallel track, a renter may file with the state division or with the U.S. Department of Housing and Urban Development (HUD), which works through fair-housing assistance partners. For a small landlord, the practical takeaway is that the same conduct usually exposes you to both state and federal liability, so screening, advertising, and tenant communications should be built to the federal standard as a floor.

Protected classes: Texas mirrors the federal seven

The Texas Fair Housing Act protects the seven classes recognized under the federal Fair Housing Act: race, color, national origin, religion, sex, familial status (households with children under 18, and pregnant people), and disability. Texas adds no additional state-level protected classes beyond these, there is no statewide age, marital-status, source-of-income, or veteran-status category layered on top. One area that has shifted at the federal level matters here: following the U.S. Supreme Court's 2020 Bostock decision, HUD interprets the prohibition on sex discrimination to include sexual orientation and gender identity for the housing it enforces. Texas landlords should treat those categories as effectively covered under the federal reading of "sex," even though the state statute lists the same seven labels and adds none of its own.

What changed, and the screening traps that catch small landlords

The defining recent change is SB 267 (2015), which preempts any local source-of-income or housing-choice-voucher mandate, so a Texas landlord's right to decline a voucher cannot be overridden by a city ordinance, and the statewide law continues to mirror the federal FHA. That does not make a landlord safe from fair-housing liability through the back door. The most common trap is using a lawful voucher refusal as cover for an unlawful one, for example, declining "Section 8" but only when the applicant has children, a disability, or a particular national origin. Advertising language is the other frequent slip: phrases like "perfect for a single professional," "adults preferred," or "no wheelchairs" can convert a legal listing into a familial-status or disability complaint. Apply written, consistent screening criteria to every applicant, and keep the income source separate from any protected characteristic.

The Cost of a Fair-Housing Violation

Federal civil penalty (uniform in all states): Up to $25,597 for a first-offense FHA violation under 24 C.F.R. § 180.671 (HUD inflation-adjusted). Repeat offenders face up to $63,991 (within five years) or $127,982 (within seven years). HUD-conciliated settlements routinely include actual damages, attorney's fees, mandatory training, and required policy changes. Texas's state fair-housing agency may pursue parallel penalties under Tex. Prop. Code § 301 (Texas Fair Housing Act).

City-Level Eviction Risk in Texas

Fair-housing complaint rates correlate with overall tenant-protection enforcement. View landlord risk and tenant-law profile by city:

Houston San Antonio Dallas Austin Fort Worth El Paso

Sources & Methodology

Related Guides for Texas Landlords

← Texas Eviction Risk Overview Lease Break & Early Termination Squatter Rights & Adverse Possession Just-Cause Eviction Rules Landlord License Requirements Tenant Rights Summary

This summary reflects the Tex. Prop. Code § 301 (Texas Fair Housing Act), enforced by the Texas Workforce Commission, Civil Rights Division, alongside the federal Fair Housing Act, 42 U.S.C. § 3604. Last reviewed June 2026. It is general information for landlords and renters, not legal advice; consult a licensed Texas attorney or the enforcing agency about your specific situation.

Frequently Asked Questions

Can a landlord legally refuse Section 8 in Texas?

Yes. Source of income is not a protected class in Texas, and SB 267 (2015) preempts local ordinances that would force landlords to accept housing-choice vouchers. A landlord may decline a Section 8 applicant for payment source alone, anywhere in the state. The one limit: the refusal must be genuinely about the voucher and not a pretext for rejecting an applicant based on a protected class such as familial status, disability, or national origin.

How many protected classes does Texas have?

Seven. The Texas Fair Housing Act (Tex. Prop. Code § 301) mirrors the federal Fair Housing Act and protects race, color, national origin, religion, sex, familial status, and disability. Texas does not add any state-specific protected classes beyond those seven.

Are sexual orientation and gender identity protected in housing in Texas?

The Texas statute lists "sex" and does not separately name sexual orientation or gender identity. However, after the Supreme Court's 2020 Bostock decision, HUD interprets sex discrimination under the federal Fair Housing Act to include sexual orientation and gender identity. Because Texas law mirrors the federal act and HUD enforces alongside the state, landlords should treat both as effectively covered.

How is fair housing enforced in Texas, and what are the penalties?

Complaints are handled by the Texas Workforce Commission, Civil Rights Division, which investigates and attempts conciliation; matters can also go to HUD because the state law mirrors the federal FHA. A substantiated violation can lead to actual damages, injunctive relief, and federal civil penalties, with amounts that escalate for repeat offenders. Both state and federal liability can attach to the same conduct.

Federal authority: 42 U.S.C. § 3604; 24 C.F.R. Part 100. State authority: Tex. Prop. Code § 301 (Texas Fair Housing Act). Last updated August 28, 2026. For informational purposes only, not legal advice. Fair-housing determinations are highly fact-specific; consult a licensed Texas attorney before making a screening, denial, or eviction decision.