(A) This subchapter does not apply to:
(1) The sale or rental of a single-family house sold or rented by the owner if:
(a) The owner does not:
1. Own more than three single-family houses at any one time; or
2. Own any interest in, nor is there owned or reserved on the person’s behalf, under any express or voluntary agreement, title to or any right to any part of the proceeds from the sale or rental of more than three single-family houses at any one time.
(b) The house is sold or rented without:
1. The use of the sales or rental facilities or services of a real estate broker, agent or salesperson licensed under the Real Estate License Act (Tex. Occupations Code Ch. 1101), or of an employee or agent of a licensed broker, agent or salesperson, or the facilities or services of the owner of a dwelling designed or intended for occupancy by five or more families; or
2. The publication, posting or mailing of a notice, statement or advertisement prohibited by § 93.17 of this chapter.
(2) The sale or rental of the rooms or units in a dwelling containing living quarters occupied by or intended to be occupied by not more than four families living independently of each other, if the owner maintains and occupies one of the living quarters as the owner’s residence.
(B) The exemption in division (A)(1) above applies only to one sale or rental in a 24-month period if the owner was not the most recent resident of the house at the time of the sale or rental.
(C) This subchapter does not prohibit a religious organization, association or society or a non-profit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society from:
(1) Limiting the sale, rental or occupancy of dwellings that it owns or operates for other than a commercial purpose to persons of the same religion; or
(2) Giving preference to persons of the same religion, unless membership in the religion is restricted because of race, color or national origin.
(D) This subchapter does not prohibit a private club that is not open to the public and that, as an incident to its primary purpose, provides lodging that it owns or operates for other than a commercial purpose from limiting the rental or occupancy of the lodging to its members or from giving preference to its members.
(E) This subchapter does not prohibit a person engaged in the business of furnishing appraisals of real property from considering in those appraisals factors other than race, color, religion, sex, disability, familial status or national origin.
(F) The provisions of this subchapter relating to familial status do not apply to housing:
(1) The Commission determines is specifically designed and operated to assist elderly individuals under a federal or state program;
(2) Intended for, and solely occupied by, individuals 62 years of age or older; or
(3) Intended and operated for occupancy by at least one individual 55 years of age or older for each unit as determined by Commission rules.
(1998 Code, § 66-39)
Statutory reference:
Similar provisions, see Tex. Property Code §§ 301.041 through 301.043