Tex. Prop. Code § 301.041 · Subchapter C. EXEMPTIONS
CERTAIN SALES AND RENTALS EXEMPTED.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Sections 301.021, 301.023, 301.024, and 301.025 do 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:
(i) own more than three single-family houses at any one time; or
(ii) 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; and
(B) the house is sold or rented without:
(i) the use of the sales or rental facilities or services of a broker, agent, or salesperson licensed under Chapter 1101, Occupations Code, or of an employee or agent of a licensed broker, agent, or salesperson, or the facilities or services of any person in the business of selling or renting a dwelling; or
(ii) the publication, posting, or mailing of a notice, statement, or advertisement prohibited by Section 301.022; or
(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 Subsection (a)(1) applies only to one sale in a 24-month period if the owner was not the most recent resident of the house at the time of the sale.
(c) Subsection (a) does not prohibit the use of attorneys, escrow agents, abstractors, title companies, and other professional assistants necessary to transfer title.
(d) For purposes of Subsection (a), a person is in the business of selling or renting a dwelling if:
(1) the person has, within the preceding year, participated as the seller or landlord in three or more transactions involving the sale or rental of a dwelling or any interest in a dwelling;
(2) the person has, within the preceding year, participated in two or more transactions, other than transactions involving the person's own dwelling, as an agent providing sales or rental facilities or services involving the sale or rental of a dwelling or any interest in a dwelling; or
(3) the person is the owner of a dwelling designed or intended for occupancy by, or that is occupied by, five or more families.
Notes and commentary — not statutory text
History
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.810, eff. Sept. 1, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 455 (H.B. 1153), Sec. 1, eff. September 1, 2021.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PR/htm/PR.301.htm
- Text hash
- sha256 19bf6a3f009240228303d4dc90cb5192e1be91dd6205040661ec267913c905b0
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Occupations Code
Property Code
- Tex. Prop. Code § 301.021SALE OR RENTAL.Printed as Sections 301.021, 301.023, 301.024, and 301.025
- Tex. Prop. Code § 301.022PUBLICATION.Printed as Section 301.022
- Tex. Prop. Code § 301.023INSPECTION.Printed as Sections 301.021, 301.023, 301.024, and 301.025
- Tex. Prop. Code § 301.024ENTRY INTO NEIGHBORHOOD.Printed as Sections 301.021, 301.023, 301.024, and 301.025
- Tex. Prop. Code § 301.025DISABILITY.Printed as Sections 301.021, 301.023, 301.024, and 301.025
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.