Tex. Prop. Code Ann. §§ 301.001–301.171 § 301.093

ELECTION OF JUDICIAL DETERMINATION.

In Force
Verified 10/28/2026 · Next check 11/4/2026
effective 9/1/1993TexasFair Housing & Anti-Discrimination

Operative Text

Tex. Prop. Code Ann. §§ 301.001–301.171 § 301.093
Sec. 301.093. ELECTION OF JUDICIAL DETERMINATION. (a) A complainant, a respondent, or an aggrieved person on whose behalf a complaint was filed may elect to have the claims asserted in the charge decided in a civil action as provided by Section 301.131.(b) The election must be made not later than the 20th day after the date the person having the election receives service under Section 301.089(b) or, in the case of the commission, not later than the 20th day after the date the charge is issued.(c) The person making the election shall give notice to the commission and to all other complainants and respondents to whom the charge relates. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1, 1993. SUBCHAPTER F. ADMINISTRATIVE HEARINGS
Source: Legislative text reproduced verbatim
Plain English

Under Texas Property Code § 301.093, any party involved in a fair housing complaint — including the person who filed it, the person it was filed against, or someone on whose behalf it was filed — has the right to move the dispute out of the administrative process and into a civil court instead. This election must be made within 20 days of receiving the required notice, or, for the commission, within 20 days of the charge being issued. Once the election is made, the choosing party must notify the commission and all other parties connected to the charge.

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

Plain English — not legal advice.

For Property Managers

Texas Property Code § 301.093 gives respondents — which can include property owners and managers — the option to have a fair housing charge resolved through a civil court proceeding rather than an administrative hearing. A compliant operator generally tracks the date they receive service under § 301.089(b) carefully, since the 20-day window to make this election is strict. Operators who exercise this right are also responsible for promptly notifying the commission and all other parties named in the charge.

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

For Tenants

Under § 301.093, tenants or other complainants who have filed — or on whose behalf a complaint has been filed — hold the right to elect civil court adjudication instead of an administrative hearing. This election must be exercised within 20 days of receiving the relevant notice, so keeping track of service dates is important for anyone considering this path. Tenant-rights organizations or legal aid services familiar with the Texas Fair Housing Act can help individuals understand what this election means and what general options are available to them.

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

Rules and statutes cited by this regulation

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

§ 5.106
§ 5.106 Equal access in accordance with the individual's gender identity in community planning and development programs.
§ 5.109
§ 5.109 Equal participation of faith-based organizations in HUD programs and activities.
§ 2
Policies; recommendations

Source Information

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