Tex. Prop. Code Ann. §§ 301.001–301.171 § 301.090
LAND USE LAW.
Operative Text
Sec. 301.090. LAND USE LAW. If the commission determines that the matter involves the legality of a state or local zoning or other land use law or ordinance, the commission may not issue a charge and shall immediately refer the matter to the attorney general for appropriate action. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1, 1993.
Under Tex. Prop. Code § 301.090, when the Texas Commission on Human Rights (or its successor agency) is reviewing a fair housing complaint and determines that the core issue turns on the legality of a state or local zoning or other land use law or ordinance, the commission loses authority to issue a formal charge. Instead, it must immediately transfer the matter to the Texas Attorney General, who then decides what action, if any, to pursue. This provision draws a clear boundary between the commission's fair housing enforcement role and the separate legal question of whether a land use law itself is valid.
Plain English — not legal advice.
Property owners and managers operating in Texas should be aware that under § 301.090, a fair housing complaint filed against them may be redirected away from the commission entirely if the dispute centers on the validity of a zoning or land use ordinance. In practice, compliant operators generally document how their decisions align with applicable zoning requirements and maintain records that distinguish land use compliance from fair housing obligations. Understanding this jurisdictional split can help operators anticipate which governmental body may ultimately be involved in a given matter.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 301.090, tenants who believe they have been harmed by a discriminatory zoning or land use policy should understand that the Texas commission handling their complaint may not be able to issue a charge if the matter turns on the legality of that law or ordinance — the case would instead be referred to the Texas Attorney General. Tenants in this situation may wish to consult a tenant-rights organization or fair housing advocacy group to understand what avenues remain available, including whether federal fair housing channels through HUD might apply independently. Keeping detailed records of how a land use decision affected your housing situation can be important regardless of which body ultimately reviews the matter.
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.
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