Tex. Prop. Code Ann. §§ 301.001–301.171 § 301.086
TEMPORARY OR PRELIMINARY RELIEF.
Operative Text
Sec. 301.086. TEMPORARY OR PRELIMINARY RELIEF. (a) The commission may authorize a civil action for temporary or preliminary relief pending the final disposition of a complaint if the commission concludes after the filing of the complaint that prompt judicial action is necessary to carry out the purposes of this chapter.(b) On receipt of the commission's authorization, the attorney general shall promptly file the action.(c) A temporary restraining order or other order granting preliminary or temporary relief under this section is governed by the applicable Texas Rules of Civil Procedure.(d) The filing of a civil action under this section does not affect the initiation or continuation of administrative proceedings under Section 301.111. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1, 1993.
Section 301.086 of the Texas Property Code allows the Texas Commission to authorize the Attorney General to seek emergency court relief—such as a temporary restraining order—while a fair housing complaint is still being resolved. This mechanism exists so that urgent situations can be addressed by a court before the full administrative process concludes. Any temporary or preliminary court orders issued under this provision follow the standard Texas Rules of Civil Procedure, and pursuing this court action does not pause or prevent the ongoing administrative proceedings.
Plain English — not legal advice.
Under § 301.086, property owners and managers should be aware that a pending fair housing complaint can escalate to court-ordered temporary relief before any final administrative decision is reached. If the Commission determines that prompt judicial action is necessary, the Attorney General may seek an emergency court order that could impose immediate restrictions on a landlord's conduct. Operators who maintain fair housing compliance practices and document their policies consistently are generally better positioned when complaints arise under this chapter.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 301.086 provides a pathway for urgent court intervention on behalf of complainants when the Commission determines that waiting for the full administrative process would undermine the purposes of the fair housing law. If a complaint has been filed and circumstances are time-sensitive, this provision allows the Commission to authorize the Attorney General to seek temporary relief in court without abandoning the administrative case under § 301.111. Tenants who believe they are experiencing an ongoing fair housing violation may wish to contact a tenant-rights organization or the Commission to understand whether the circumstances of their complaint could warrant this type of emergency relief.
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
References In
Rules and statutes that cite this regulation