Texas emotional support animal laws

How Texas law treats an ESA

Search the Texas statutes for "emotional support animal" and you'll come up empty. Chapter 301 of the Property Code, the Texas Fair Housing Act, never uses the word "animal" at all. Chapter 121 of the Human Resources Code covers assistance and service animals, but it defines those as specially trained dogs.

So an ESA request in Texas runs through the general disability rules. You ask a housing provider to bend a rule, say, a flat no-animals clause, because of a disability-related need. Both the Texas statute and its federal twin forbid turning down a reasonable adjustment like that when your disability makes it necessary for equal use of the home.

The four rules worth knowing

• Texas Fair Housing Act, Property Code §301.025(c)(2): the state-level duty to adjust housing rules for disability, enforced by the Texas Workforce Commission.
• The national Fair Housing Act, backed by 24 CFR 100.204: the same duty at the federal level, now enforced under HUD's May 22, 2026 memo.
• Human Resources Code §121.006: turns a knowing false claim of service-animal status into a misdemeanor.
• 14 CFR Part 382: the federal air travel rule that lets airlines treat ESAs as pets since January 11, 2021.

What changed at HUD in 2026

In Washington, HUD scrapped FHEO-2020-01, its 2020 animal notice; the Federal Register dates that withdrawal to September 17, 2025. A memo followed in late May 2026 that treats trained assistance animals as presumptively reasonable but sends untrained ESA requests to case-by-case review.

It also retreated from HUD's earlier stance that pet fees were off-limits for any ESA. Left untouched: the statute, HUD's accommodation regulation, and the 2004 guidance HUD co-signed with the Justice Department. Our HUD 2026 page walks through each piece.

Where Texas state law stands

The Texas statute is the same as it was before HUD's memo. Section 301.025(c)(2) still bars refusing a reasonable accommodation, and the Texas Workforce Commission still takes complaints. We have not found any TWC rule or statement on whether it will follow HUD's new approach to ESAs, so it's fair to say that question is open.

Some Texas cities run their own fair housing offices. HUD lists the City of Austin, the City of Corpus Christi, the City of Dallas Fair Housing Office and the Fort Worth Human Relations Commission as certified local partners alongside TWC.

Limits that apply everywhere

An ESA doesn't come with a right to enter stores, restaurants or offices. The ADA protects dogs trained to do disability tasks, and the Justice Department says dogs whose only role is comfort don't qualify. Texas law is similar: Chapter 121's access rights belong to specially trained dogs.

On planes, federal transportation rules have let carriers book ESAs as ordinary pets since early 2021. Put together, your ESA letter does nearly all of its work at home.

Pick the page you need

• Texas Fair Housing Act: the statute, exemptions, deadlines and how to file with TWC.
• Misrepresentation penalties: what §121.006 punishes and what it doesn't.
• HUD 2026 changes: the May 2026 memo and the withdrawn 2020 notice in plain terms.
• Renting with an ESA: putting it all together for apartments, HOAs and fees.