The Texas Fair Housing Act and your ESA

What the statute actually says

Section 301.025(c)(2) names a specific kind of disability discrimination: turning down a reasonable change to a provider's rules, policies, practices or services, where that change may be necessary so a disabled resident can live in the home on an equal footing.

The law was written to track the federal Fair Housing Act. Section 301.002(3) says one purpose is to give rights and remedies "substantially equivalent" to federal law. That's why Texas housing providers usually read the two together.

Notice what's missing: the word "animal" doesn't appear anywhere in Chapter 301. There's no Texas rule on ESA letters, ESA species, or how many animals you can ask for. An ESA is simply one example of asking a provider to change a rule, usually a no-pets policy or a pet limit.

Limits built into the law

Section 301.025(f) says the law doesn't require housing a tenant who would endanger the health or safety of others, or whose tenancy would seriously damage property belonging to someone else. In practice, a provider can look at the specific animal's behavior, not just its species or size.

Housing the law doesn't cover

Section 301.041 exempts two kinds of housing from the accommodation rule and several other protections:

• A single-family house sold or rented by an owner who owns no more than three such houses at once, without using a broker or agent and without discriminatory advertising. If the owner wasn't the most recent resident, the exemption covers only one sale in any 24 months.
• A building with four or fewer separate households, where the owner occupies one of the apartments.

Who enforces it in Texas

Section 301.0015 moved enforcement to the Texas Workforce Commission, and its Civil Rights Division handles housing complaints. TWC's page lists disability among the protected classes and starts the process with a Housing Discrimination Inquiry Form.

TWC can hand a complaint to a city that HUD has certified as substantially equivalent (§301.068). HUD's partner list for Texas names the City of Austin, the City of Corpus Christi, the City of Dallas Fair Housing Office and the Fort Worth Human Relations Commission. Houston and San Antonio aren't on that list, though both cities offer fair housing help lines or counseling.

How to file a complaint with TWC

1. Write down what happenedSave the listing, your written request, the letter you gave, every reply, and the dates. A refusal can be a written no, an unreasonable delay, or a demand you couldn't meet.
2. Contact the Civil Rights DivisionUse TWC's online inquiry form or call (888) 452-4778. TDHCA's guide also lists HousingComplaint@twc.state.tx.us and TTY 512-371-7473.
3. Sign a sworn complaintSection 301.081(b) requires the complaint to be written and sworn. TWC staff help turn your inquiry into that formal complaint.
4. Watch the one-year clockFile by the first anniversary of the discriminatory act, or of the date it ended, whichever is later (§301.081(d)).

TWC, HUD or court

TWC says a complaint can't be filed with both TWC and HUD, so pick one. HUD's Fort Worth regional fair housing office covers Texas and can be reached at (817) 978-5900 or (800) 669-9777.

You can also sue on your own under §301.151(a) inside two years from the practice or from when it stopped. The clock pauses while an administrative hearing is underway. A Texas fair housing attorney can tell you which route suits your facts.

How 2026 fits in

HUD's May 22, 2026 memo changed how HUD itself handles ESA cases, sending untrained ESAs to case-by-case review. It didn't amend Chapter 301, and it doesn't speak to state law. We haven't found any TWC guidance saying whether the agency will follow HUD's lead, so treat Texas enforcement on ESAs as an open question for now and expect landlords to look closely at each request.