Tex. Prop. Code Ann. §§ 301.001–301.171 § 301.023

INSPECTION.

In Force
Verified 10/28/2026 · Next check 11/4/2026
effective 9/1/1993TexasAdvertising Rules

Operative Text

Tex. Prop. Code Ann. §§ 301.001–301.171 § 301.023
Sec. 301.023. INSPECTION. A person may not represent to another because of race, color, religion, sex, disability, familial status, or national origin that a dwelling is not available for inspection for sale or rental when the dwelling is available for inspection. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1, 1993.
Source: Legislative text reproduced verbatim
Plain English

Section 301.023 of the Texas Property Code prohibits anyone from falsely telling a prospective buyer or renter that a dwelling is unavailable for inspection when it actually is available, if that false statement is made because of the person's race, color, religion, sex, disability, familial status, or national origin. This rule targets a practice sometimes called 'steering' or discriminatory gatekeeping, where protected characteristics are used as a basis for denying access to housing opportunities. The provision applies broadly to anyone involved in representing the availability of a dwelling, not just licensed real estate professionals.

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 under Tex. Prop. Code § 301.023 generally maintain consistent, documented policies for scheduling and communicating inspection availability to all prospective buyers and renters. Compliant operators apply the same criteria and procedures regardless of an applicant's race, color, religion, sex, disability, familial status, or national origin, and keep records that demonstrate uniform treatment. Training staff and agents on this prohibition helps ensure that no one acting on behalf of the property makes representations that could be construed as discriminatory gatekeeping.

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

For Tenants

Under Tex. Prop. Code § 301.023, if you believe you were told a dwelling was unavailable for inspection because of a protected characteristic such as race, disability, or familial status, you may have grounds to pursue a fair housing complaint. Complaints related to this type of housing discrimination can generally be filed with the Texas Workforce Commission Civil Rights Division or with the U.S. Department of Housing and Urban Development, which enforces parallel federal fair housing protections. Tenant-rights organizations and fair housing councils can help explain the complaint process and what documentation may be useful to gather.

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
Sep 1, 1993
Click on timeline segments to view historical versions.

References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

Tex. Prop. Code § 301.081
Tex. Prop. Code § 301.084
Tex. Prop. Code § 301.021
Tex. Prop. Code § 301.022
Tex. Prop. Code § 301.084
Tex. Prop. Code § 301.081
Tex. Prop. Code § 301.081
Tex. Prop. Code § 301.111
Tex. Prop. Code § 301.090
Tex. Prop. Code § 301.088
Tex. Prop. Code § 301.093
Tex. Prop. Code § 301.111
Tex. Prop. Code § 301.131
Tex. Prop. Code § 301.089
Tex. Prop. Code § 301.093
Tex. Prop. Code § 301.111
Tex. Prop. Code § 301.112
Tex. Prop. Code § 301.112
Tex. Prop. Code § 301.093
Tex. Prop. Code § 301.081
Tex. Prop. Code § 301.154
Tex. Prop. Code § 301.132
Tex. Prop. Code § 301.111

Related Rules

§ 100.306
§ 100.306 Intent to operate as housing designed for persons who are 55 years of age or older.
§ 6-10-055
Job opportunity advertisements
§ 2.76.110
Posting of discrimination policy required

Source Information

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