Fair Housing: Texas

This page is intended for informational purposes only and does not constitute, and should not be construed as, legal advice. This page is not intended to provide a mandatory standard of care for the industry.  

On these pages, you will find information about the protected classes in each state’s fair housing law as well as the cities and counties in the state’s three largest city or metropolitan areas that enforce additional fair housing protections. We highlight source of income protections, where applicable, that could substantially impact industry operations. Please see the footnotes. NAA also has resources on the federal fair housing protections that apply nationwide.

We are currently in the process of optimizing NAA’s Fair Housing Protected Class Resources. If you do not see a jurisdiction of interest, please reach out to the NAA Government Affairs Team at [email protected].

Information on this page is current as of March 2022.

Texas Protected Classes

(State of Texas Property Code Chapter 301 - Texas Fair Housing Act § 301.021)

  • Race
  • Color
  • National Origin
  • Sex
  • Religion
  • Familial Status
  • Disability

Regarding Public Assistance: Texas Local code § 250.007 states in part that "Except as provided by this section, a municipality or county may not adopt or enforce an ordinance or regulation that prohibits an owner, lessee, sublessee, assignee, managing agent, or other person having the right to lease, sublease, or rent a housing accommodation from refusing to lease or rent the housing accommodation to a person because the person's lawful source of income to pay rent includes funding from a federal housing assistance program. (b) This section does not affect an ordinance or regulation that prohibits the refusal to lease or rent a housing accommodation to a military veteran because of the veteran's lawful source of income to pay rent. (c) This section does not affect any authority of a municipality or county or decree to create or implement an incentive, contract commitment, density bonus, or other voluntary program designed to encourage the acceptance of a housing voucher directly or indirectly funded by the federal government, including a federal housing choice voucher." This preempts any local source of income protections.

Dallas-Fort Worth-Arlington Metro Area

This jurisdiction emphasizes enforcement of federal and state protected classes.

City of Frisco Protected Classes

(City of Frisco Municipal Code Chapter 55 Article 1)

Frisco extends beyond Collin County into Denton County.

This jurisdiction emphasizes enforcement of federal, state, and county protected classes.

City of Plano Protected Classes

(City of Plano Code of Ordinances Ch. 9.5 Art. 2 § 9.5-32)

Plano extends beyond Collin County into Denton County.

This jurisdiction emphasizes enforcement of federal, state, and county protected classes.

This jurisdiction emphasizes enforcement of federal and state protected classes.

City of Dallas Protected Classes

(Dallas City Code Vol I § 20A-4Vol. II § 46-7)​

The City of Dallas extends beyond Dallas County into Collin, Denton, Rockwall, and Kaufman Counties.

In addition to enforcement of federal, state, and county protected classes, this jurisdiction also includes the following protected classes:

  • Gender Expression
  • Gender Identity
  • Sexual Orientation
  • Source of Income1

City of Garland Protected Classes

(City of Garland Municipal Code Chapter 32 Article III §32.86)​

Garland Extends beyond Dallas County into Collin and Rockwall Counties.

In addition to enforcement of federal, state, and county protected classes, this jurisdiction also includes the following protected classes:

  • Age

City of Irving Protected Classes

This jurisdiction emphasizes enforcement of federal, state, and county protected classes.

1Source of income is defined in Dallas as lawful, regular, and verifiable income, including housing vouchers and other government and non-government subsidies. Texas Local Government Code § 250.007 preempts counties and municipalities from enacting any legislation prohibiting a property owner or manager from refusing a tenant on the basis of their use of federal housing assistance programs to pay rent.

This jurisdiction emphasizes enforcement of federal and state protected classes.

This jurisdiction emphasizes enforcement of federal and state protected classes.

This jurisdiction emphasizes enforcement of federal and state protected classes.

This jurisdiction emphasizes enforcement of federal and state protected classes.

This jurisdiction emphasizes enforcement of federal and state protected classes.

This jurisdiction emphasizes enforcement of federal and state protected classes.

This jurisdiction emphasizes enforcement of federal and state protected classes.

This jurisdiction emphasizes enforcement of federal and state protected classes.

City of Arlington Protected Classes

(City of Arlington Fair Housing Ordinance 06-082)

This jurisdiction emphasizes enforcement of federal, state, and county protected classes.

City of Fort Worth Protected Classes

(City of Fort Worth Code of Ordinances Part 2 §§ 17-86 et seq.)​

Fort Worth extends beyond Tarrant County into Denton, Parker, Wise, and Johnson Counties.

In addition to enforcement of federal, state, and county protected classes, this jurisdiction also includes the following protected classes:

  • Gender Expression
  • Gender Identity
  • Sexual Orientation
  • Transgender Status

This jurisdiction emphasizes enforcement of federal and state protected classes.

Houston Metro Area

In addition to enforcement of federal and state protected classes, this jurisdiction also includes the following protected classes:

  • Gender Identity2
  • Sexual Orientation2

City of Houston Protected Classes

(City of Houston Code of Ordinances Chapter 17 Article III §§ 17-217-12)

This jurisdiction emphasizes enforcement of federal, state, and county protected classes.

2These protected classes were identified in a local fair housing resource, not statutory code.

San Antonio Metro Area

This jurisdiction emphasizes enforcement of federal and state protected classes.

City of San Antonio Protected Classes

(City of San Antonio Code of Ordinances Chapter 2 Article X Division 6 §§ 2-621 - 2-633)​

In addition to enforcement of federal, state, and county protected classes, this jurisdiction also includes the following protected classes:

  • Age
  • Gender Identity
  • Sexual Orientation
  • Veteran Status