Tex. Hum. Res. Code Ann. §§ 121.002–121.005, 121.0041 § 121.002

DEFINITIONS.

In Force
Verified 10/28/2026 · Next check 11/4/2026
effective 1/1/2014TexasAssistance Animals (FHA)

Operative Text

Tex. Hum. Res. Code Ann. §§ 121.002–121.005, 121.0041 § 121.002
Sec. 121.002. DEFINITIONS. In this chapter:(1) "Assistance animal" and "service animal" mean a canine that is specially trained or equipped to help a person with a disability and that is used by a person with a disability.(2) "Harass" means any conduct that:(A) is directed at an assistance animal that impedes or interferes with, or is intended to impede or interfere with, the animal's performance of its duties; or(B) places a person with a disability who is using an assistance animal, or a trainer who is training an assistance animal, in danger of injury.(3) "Housing accommodations" means all or part of real property that is used or occupied or is intended, arranged, or designed to be used or occupied as the home, residence, or sleeping place of one or more human beings, except a single-family residence whose occupants rent, lease, or furnish for compensation only one room.(4) "Person with a disability" means a person who has:(A) a mental or physical disability;(B) an intellectual or developmental disability;(C) a hearing impairment;(D) deafness;(E) a speech impairment;(F) a visual impairment;(G) post-traumatic stress disorder; or(H) any health impairment that requires special ambulatory devices or services.(5) "Public facility" includes a street, highway, sidewalk, walkway, common carrier, airplane, motor vehicle, railroad train, motor bus, streetcar, boat, or any other public conveyance or mode of transportation; a hotel, motel, or other place of lodging; a public building maintained by any unit or subdivision of government; a retail business, commercial establishment, or office building to which the general public is invited; a college dormitory or other educational facility; a restaurant or other place where food is offered for sale to the public; and any other place of public accommodation, amusement, convenience, or resort to which the general public or any classification of persons from the general public is regularly, normally, or customarily invited.(6) "White cane" means a cane or walking stick that is metallic or white in color, or white tipped with a contrasting color, and that is carried by a blind person to assist the blind person in traveling from place to place. Acts 1979, 66th Leg., p. 2425, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 3310, ch. 865, Sec. 1, eff. Aug. 31, 1981; Acts 1985, 69th Leg., ch. 278, Sec. 1, eff. June 5, 1985; Acts 1995, 74th Leg., ch. 890, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 649, Sec. 3, eff. Sept. 1, 1997.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 838 (H.B. 489), Sec. 2, eff. January 1, 2014.
Source: Legislative text reproduced verbatim
Plain English

Section 121.002 of the Texas Human Resources Code establishes the foundational definitions that govern the rest of Chapter 121, which addresses the rights of people with disabilities in public and housing settings. Key terms defined include 'assistance animal' and 'service animal' (specially trained canines used by people with disabilities), 'harass' (conduct that interferes with an animal's duties or endangers its handler or trainer), 'housing accommodations' (most residential real property, with a narrow exception for single-room rentals in owner-occupied single-family homes), and 'person with a disability' (a broad category covering physical, mental, sensory, and certain health-related conditions). These definitions set the interpretive boundaries for all rights, duties, and protections described elsewhere in the chapter.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 28, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating 'housing accommodations' as defined under Tex. Hum. Res. Code § 121.002 should be aware that the chapter's protections apply to virtually all residential rental properties, with only a narrow carve-out for single-family homes where the occupant rents out just one room. Compliant operators familiarize themselves with the broad definition of 'person with a disability'—which includes conditions ranging from physical impairments to PTSD—and understand that 'assistance animals' and 'service animals' under this section are specially trained canines, a definition that shapes how accommodation requests are evaluated. Understanding these definitions is a practical starting point for applying the rights and obligations set out throughout Chapter 121.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Tenants with disabilities living in Texas residential properties covered by 'housing accommodations' under Tex. Hum. Res. Code § 121.002 benefit from the broad definitional framework established in this section, which recognizes a wide range of conditions—including hearing impairments, visual impairments, PTSD, and developmental disabilities—as qualifying disabilities. The definition of 'harass' in § 121.002 also provides protection against conduct directed at an assistance animal that interferes with its duties or puts the handler or trainer at risk of injury. Tenants who believe their rights under Chapter 121 have been violated may consider reaching out to a local tenant-rights organization or consulting with an attorney familiar with Texas disability-access law to understand available options.

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.

Effective Timeline

Current
Jan 1, 2014
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References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

Tex. Hum. Res. Code § 121.003
Tex. Hum. Res. Code § 121.0041
Tex. Hum. Res. Code § 121.004

Related Rules

§ 209.190
Housing accommodations, defined — discrimination against persons with visual, hearing or physical disabilities, prohibited — dogs, guide, hearing or service to have full access — liability for actual damages
§ 3-104.1
Refusal to sell or rent because a person has a guide, hearing or support dog. It is a civil rights violation for the owner or agent of any housing accommodation to: (A) refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny property to any blind or hearing impaired person or person with a physical disability because the blind or hearing impaired person or person with a physical disability has a guide, hearing, or support dog; or (B) discriminate against any blind or hearing impaired person or person with a physical disability in the terms, conditions, or privileges of sale or rental property, or in the provision of services or facilities in connection therewith, because the blind or hearing impaired person or person with a physical disability has a guide, hearing, or support dog; or (C) require, because a blind or hearing impaired person or person with a physical disability has a guide, hearing, or support dog, an extra charge in a lease, rental agreement, or contract of purchase or sale, other than for actual damage done to the premises by the dog
§ 10:5-29.9
Possessors of working dog, certain, entitlement to housing, business accommodations

Source Information

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