Tex. Prop. Code Ann. §§ 301.001–301.171 § 301.092
PENDING CIVIL TRIAL.
Operative Text
Sec. 301.092. PENDING CIVIL TRIAL. The commission may not issue a charge alleging a discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved party under federal or state law seeking relief with respect to that discriminatory housing practice. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1, 1993.
Under Texas Property Code § 301.092, once an aggrieved party has commenced a civil lawsuit in federal or state court seeking relief for an alleged discriminatory housing practice and that trial has begun, the Texas Commission on Human Rights (or its successor agency) loses the authority to issue a charge based on that same discriminatory housing practice. This provision prevents parallel administrative and judicial proceedings from running simultaneously once a civil trial is underway. The rule essentially requires a choice between the two forums to be resolved before the trial stage is reached.
Plain English — not legal advice.
For property owners and managers, § 301.092 clarifies that if a complainant has already taken a discriminatory housing practice claim to civil trial, the state commission cannot pile on a separate administrative charge for the same conduct once that trial begins. Operators who are already defendants in a civil housing-discrimination trial should be aware that the administrative charge pathway is effectively closed at that stage. Keeping clear records of any civil proceedings involving housing discrimination claims can help operators track which forum is actively adjudicating a dispute.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 301.092, tenants and other aggrieved parties who choose to file a civil lawsuit and proceed to trial over a discriminatory housing practice should understand that doing so forecloses the commission from issuing a new administrative charge for that same practice once the trial starts. This means the choice of forum carries significant procedural consequences, and the timing of when a civil trial begins is a critical threshold. Individuals navigating these options may benefit from consulting a tenant-rights organization or fair housing agency to better understand how the administrative and civil pathways interact before a trial commences.
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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