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A BILL TO BE ENTITLED
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AN ACT
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relating to the applicability of the Texas Fair Housing Act to |
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certain sales and rentals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 301.041, Property Code, is amended to |
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read as follows: |
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Sec. 301.041. CERTAIN SALES AND RENTALS EXEMPTED. (a) |
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Sections 301.021, 301.023, 301.024, and 301.025 do [Subchapter B |
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does] not apply to: |
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(1) the sale or rental of a single-family house sold or |
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rented by the owner if: |
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(A) the owner does not: |
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(i) own more than three single-family |
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houses at any one time; or |
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(ii) own any interest in, nor is there owned |
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or reserved on the person's behalf, under any express or voluntary |
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agreement, title to or any right to any part of the proceeds from |
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the sale or rental of more than three single-family houses at any |
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one time; and |
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(B) the house is sold or rented without: |
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(i) the use of the sales or rental |
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facilities or services of a broker, agent, or salesperson licensed |
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under Chapter 1101, Occupations Code, or of an employee or agent of |
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a licensed broker, agent, or salesperson, or the facilities or |
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services of any person in the business of selling or renting a |
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dwelling [the owner of a dwelling designed or intended for |
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occupancy by five or more families]; or |
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(ii) the publication, posting, or mailing |
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of a notice, statement, or advertisement prohibited by Section |
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301.022; or |
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(2) the sale or rental of the rooms or units in a |
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dwelling containing living quarters occupied by or intended to be |
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occupied by not more than four families living independently of |
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each other, if the owner maintains and occupies one of the living |
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quarters as the owner's residence. |
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(b) The exemption in Subsection (a)(1) applies only to one |
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sale [or rental] in a 24-month period if the owner was not the most |
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recent resident of the house at the time of the sale [or rental]. |
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(c) Subsection (a) does not prohibit the use of attorneys, |
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escrow agents, abstractors, title companies, and other |
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professional assistants necessary to transfer title. |
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(d) For purposes of Subsection (a), a person is in the |
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business of selling or renting a dwelling if: |
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(1) the person has, within the preceding year, |
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participated as the seller or landlord in three or more |
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transactions involving the sale or rental of a dwelling or any |
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interest in a dwelling; |
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(2) the person has, within the preceding year, |
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participated in two or more transactions, other than transactions |
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involving the person's own dwelling, as an agent providing sales or |
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rental facilities or services involving the sale or rental of a |
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dwelling or any interest in a dwelling; or |
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(3) the person is the owner of a dwelling designed or |
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intended for occupancy by, or that is occupied by, five or more |
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families. |
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SECTION 2. This Act takes effect September 1, 2021. |