(a) Upon completion of the investigation and informal endeavors at conciliation by the director, but within 100 days of the filing of the complaint with the director and if conciliation has not been effected, the director may refer the matter complained of to the committee, together with the answer of the respondent, if any, and a full report of his or her investigation and activities in the matter.
(b) In lieu of a hearing before the committee as set out in § 17-96(c) below, a complainant, respondent or an aggrieved person on whose behalf a charge is filed, may elect in writing to have the claims asserted in the complaint decided in state district court provided in § 17-98 of this code or as provided for under Article II, §§ 2.06 and 2.08 of the Texas Fair Housing Act Texas Property Code, Chapter 301, as amended or any successor statute and Chapter 819 of the Texas Workforce Commission Civil Rights Division adopted rules. This election may be made at any reasonable time under the foregoing laws but must be made not later than 20 days after the receipt by the electing person of notice that a hearing under subsection (c) has been requested.
(c) The committee shall order a hearing if respondent or complainant requests same. If respondent or complainant does not request a hearing, same shall be deemed to have been waived and the committee shall direct the director to issue a determination of reasonable cause and a charge, if it finds the preponderance of the credible evidence so warrants.
(d) The commission shall adopt rules and procedures for the conduct of hearings. The hearing panel shall be appointed by the commission chair and include members of the human relations commission in whole or in part. Reasonable notice and opportunity for discovery shall be given to all parties. The hearing shall be conducted in a fair and impartial manner and shall be public as required by Tex. Government Code Chapter 551. Witnesses appearing at such hearing may be required to present testimony under oath or by solemn affirmation. Evidence of the matter alleged within the complaint may be presented by the city attorney or his or her assistant. The complainant, and the person or persons alleged to have committed or to be about to commit the discriminatory housing practice, may appear personally or by representative and with or without counsel and shall have the right to present proof and cross-examine witnesses in all matters relating to the complaint and subsequent related matters. If a person or persons alleged to have committed or to be about to commit a discriminatory housing practice shall fail to appear at the committee hearing either personally or by representative after notice as provided above, then such hearing shall be deemed waived by such person or persons.
(e) The hearing panel shall make such findings as a majority of its members deem are supported by the preponderance of the credible evidence. Such findings shall be in writing and shall be forwarded to the director together with the hearing panel’s determination that reasonable cause or no reasonable cause exists to believe that a discriminatory housing practice has been committed.
(f) A charge shall be issued by the director upon a panel finding of reasonable cause and:
(1) Shall consist of a short and plain written statement of the facts upon which the committee has found reasonable cause to believe that a discriminatory housing practice has occurred;
(2) Shall be based on the final investigative report, the evidence adduced at the hearing, if any; and
(3) Need not be limited to the facts or grounds alleged in the complaint filed with the commission under this division.
(g) Any charge issued by the director will be forwarded within ten days to the city attorney for action as hereinafter provided. Copies of the charge will be served on the complainant, the aggrieved person, if different from the complainant, and any respondents.
(h) The director may not issue a charge and the city attorney may not bring or maintain a civil action in state district court for an alleged discriminatory housing practice after the aggrieved person has brought a civil action under local, state or federal law seeking relief for the alleged discriminatory housing practice and the trial in the action has begun. If a charge may not be issued by the director or a civil action may not be brought or maintained by the city attorney because of the trial of a civil action brought by the aggrieved party, the director shall notify the complainant, the aggrieved person if different from the complainant, and any respondents, in writing.
(i) Any final action, together with the findings or orders thereon, of the hearing panel, commission and/or the director are subject to judicial review as provided by state law.
(Ord. 11075, § 1, passed 4-21-1992; Ord. 11167, § 1(A), passed 9-8-1992; Ord. 11384, § 1(B), passed 8-17-1993; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; Ord. 16032, § 1, passed 7-13-2004; Ord. 19374-09-2010, § 1 (Exh. A), passed 9-28-2010, eff. 10-1-2010; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)