| (a) If a conciliation agreement under this chapter
and the Texas Fair Housing Act, Subchapter E, has not been executed
by the complainant and the respondent, and approved by the CRD director,
the CRD director on behalf of the Agency, within the time limits set
forth in subsection (f) of this section, shall determine whether,
based on the totality of the factual circumstances known at the time
of the decision, reasonable cause exists to believe that a discriminatory
housing practice has occurred. The reasonable cause determination
shall be based solely on the facts concerning the alleged discriminatory
housing practice, provided by complainant and respondent or otherwise
disclosed during the investigation. In making the reasonable cause
determination, the CRD director shall consider whether the facts concerning
the alleged discriminatory housing practice are sufficient to warrant
the initiation of a civil action in state district court.
(b) If the CRD director determines that reasonable
cause exists, the CRD director shall immediately issue a charge under
the Texas Fair Housing Act, Subchapter E, and this chapter on behalf
of the complainant, and shall notify the complainant and the respondent
of this determination by certified mail or personal service.
(c) If the CRD director determines that no reasonable
cause exists, the CRD director shall issue a short written statement
of the facts upon which the CRD director has based the no reasonable
cause determination; dismiss the complaint; notify the complainant
and the respondent of the dismissal (including the written statement
of facts) by certified mail or personal service; and make public disclosure
of the dismissal.
(d) If the CRD director determines that the matter
involves the legality of local zoning or land use laws or ordinances,
the CRD director, in lieu of making a determination regarding reasonable
cause, shall refer the investigative materials to the Office of the
Attorney General for appropriate action under the Texas Fair Housing
Act, Subchapter G, and shall notify the complainant and the respondent
of this action by certified mail or personal service.
(e) The CRD director shall not issue a charge under
this chapter and the Texas Fair Housing Act, Subchapter E, regarding
an alleged discriminatory housing practice, if a complainant has commenced
the trial of a civil action under federal or state law seeking relief
with respect to the alleged discriminatory housing practice. If a
charge is not issued because of the commencement of a trial of a civil
action, the CRD director shall notify the complainant and the respondent
by certified mail or personal service.
(f) The CRD director shall make a reasonable cause
determination within 100 days after filing of the complaint.
(g) If the CRD director is unable to make the determination
within the 100-day period, the CRD director shall notify the complainant
and the respondent, by certified mail or personal service, of the
reasons for the delay.
(h) The CRD director shall notify the complainant and
respondent, and any aggrieved person on whose behalf a complaint has
been filed, that they may elect to have the claims asserted in the
charge decided in a civil action, as provided in Texas Property Code §301.131,
or an administrative hearing pursuant to §819.191 of this chapter.
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| Source Note: The provisions of this §819.156 adopted to be effective September 27, 2005, 30 TexReg 6065; amended to be effective June 16, 2014, 39 TexReg 4659; amended to be effective August 1, 2016, 41 TexReg 5559 |
