| 7 | 3 | | |
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| 8 | 4 | | |
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| 9 | 5 | | A BILL TO BE ENTITLED |
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| 10 | 6 | | AN ACT |
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| 11 | 7 | | relating to the applicability of the Texas Fair Housing Act to |
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| 12 | 8 | | certain sales and rentals. |
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| 13 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 10 | | SECTION 1. Section 301.041, Property Code, is amended to |
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| 15 | 11 | | read as follows: |
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| 16 | 12 | | Sec. 301.041. CERTAIN SALES AND RENTALS EXEMPTED. (a) |
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| 17 | 13 | | Sections 301.021, 301.023, 301.024, and 301.025 do [Subchapter B |
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| 18 | 14 | | does] not apply to: |
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| 19 | 15 | | (1) the sale or rental of a single-family house sold or |
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| 20 | 16 | | rented by the owner if: |
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| 21 | 17 | | (A) the owner does not: |
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| 22 | 18 | | (i) own more than three single-family |
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| 23 | 19 | | houses at any one time; or |
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| 24 | 20 | | (ii) own any interest in, nor is there owned |
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| 25 | 21 | | or reserved on the person's behalf, under any express or voluntary |
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| 26 | 22 | | agreement, title to or any right to any part of the proceeds from |
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| 27 | 23 | | the sale or rental of more than three single-family houses at any |
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| 28 | 24 | | one time; and |
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| 29 | 25 | | (B) the house is sold or rented without: |
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| 30 | 26 | | (i) the use of the sales or rental |
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| 31 | 27 | | facilities or services of a broker, agent, or salesperson licensed |
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| 32 | 28 | | under Chapter 1101, Occupations Code, or of an employee or agent of |
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| 33 | 29 | | a licensed broker, agent, or salesperson, or the facilities or |
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| 34 | 30 | | services of any person in the business of selling or renting a |
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| 35 | 31 | | dwelling [the owner of a dwelling designed or intended for |
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| 36 | 32 | | occupancy by five or more families]; or |
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| 37 | 33 | | (ii) the publication, posting, or mailing |
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| 38 | 34 | | of a notice, statement, or advertisement prohibited by Section |
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| 39 | 35 | | 301.022; or |
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| 40 | 36 | | (2) the sale or rental of the rooms or units in a |
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| 41 | 37 | | dwelling containing living quarters occupied by or intended to be |
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| 42 | 38 | | occupied by not more than four families living independently of |
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| 43 | 39 | | each other, if the owner maintains and occupies one of the living |
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| 44 | 40 | | quarters as the owner's residence. |
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| 45 | 41 | | (b) The exemption in Subsection (a)(1) applies only to one |
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| 46 | 42 | | sale [or rental] in a 24-month period if the owner was not the most |
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| 47 | 43 | | recent resident of the house at the time of the sale [or rental]. |
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| 48 | 44 | | (c) Subsection (a) does not prohibit the use of attorneys, |
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| 49 | 45 | | escrow agents, abstractors, title companies, and other |
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| 50 | 46 | | professional assistants necessary to transfer title. |
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| 51 | 47 | | (d) For purposes of Subsection (a), a person is in the |
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| 52 | 48 | | business of selling or renting a dwelling if: |
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| 53 | 49 | | (1) the person has, within the preceding year, |
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| 54 | 50 | | participated as the seller or landlord in three or more |
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| 55 | 51 | | transactions involving the sale or rental of a dwelling or any |
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| 56 | 52 | | interest in a dwelling; |
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| 57 | 53 | | (2) the person has, within the preceding year, |
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| 58 | 54 | | participated in two or more transactions, other than transactions |
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| 59 | 55 | | involving the person's own dwelling, as an agent providing sales or |
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| 60 | 56 | | rental facilities or services involving the sale or rental of a |
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| 61 | 57 | | dwelling or any interest in a dwelling; or |
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| 62 | 58 | | (3) the person is the owner of a dwelling designed or |
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| 63 | 59 | | intended for occupancy by, or that is occupied by, five or more |
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| 64 | 60 | | families. |
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| 65 | 61 | | SECTION 2. This Act takes effect September 1, 2021. |
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