40 TAC §340.2
The Texas Commission on Human Rights proposes amendments
to §340.2, concerning Who May File Complaints. These amendments are being
proposed to allow for two members of the commission to initiate complaints
of housing discrimination rather than allowing the Executive Director the
sole authority to initiate complaints.
William M. Hale, Executive Director, Texas Commission on Human Rights,
has determined that for the first five-year period these rules are in effect
there will be no fiscal implications for state or local governments as a result
of enforcing or administering the rules.
Mr. Hale also has determined that for each year of the first five years
the rules are in effect the public benefit anticipated as a result of enforcing
the rules will be to provide for commissioner input prior to the filing of
a commission-initiated housing discrimination complaint. There will be no
effect on small businesses. There are no anticipated economic costs to persons
who are required to comply with the rules as proposed.
Comments on the proposal may be submitted to Brooks William (Bill) Conover,
III, General Counsel, Texas Commission on Human Rights, P.O. Box 13493, Austin,
Texas 78711.
These amendments are proposed under Texas Property Code, <*>301.062,
which provides the Texas Commission on Human Rights with the authority to
amend and rescind these rules in accordance with the Administrative Procedure
Act, Texas Government Code, Chapter 2001..
The Texas Property Code, Chapter 301, §301.001, et seq., is affected
by these proposed amendments.
§340.2. Who May File Complaints.
(a)
Any aggrieved person or the [
executive
director on behalf of the
] commission may file a complaint no later
than one year after an alleged discriminatory housing practice has occurred
or terminated whichever is later. The complaint may be filed with the assistance
of an authorized representative of an aggrieved person, including an organization
acting on behalf of an aggrieved person.
(b)
Should the executive director
receive information from credible sources that one or more persons or entities
may have violated the rights of one or more persons protected by the Act,
the executive director shall forward such information to the Housing Enforcement
Committee of the commission, which shall consist of two commissioners appointed
by the chair of the commission.
(1)
If both members of the housing enforcement
committee agree that a potential violation of the Act may exist, the commission
may initiate a formal complaint of housing discrimination against the person(s)
or entities alleged to have violated the Act.
(2)
Once the housing enforcement committee
has approved the initiation of a complaint, the processing and the investigation
of the complaint shall be handled in the same manner as any other complaint.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
February 2, 1999.
TRD-9900700
Brooks Wm. (Bill) Conover, III
General Counsel
Texas Commission on Human Rights
Earliest possible date of adoption: March 21, 1999
For further information, please call: (512) 437-3457