Texas Codes

Tex. Hum. Res. Code § 121.004 (2026)

Penalties For And Damages Resulting From Discrimination

✓ current as of May 2026
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Sec. 121.004. PENALTIES FOR AND DAMAGES RESULTING FROM DISCRIMINATION. (a) A person, including a firm, association, corporation, or other public or private organization, or the agent of the person, who violates a provision of Section 121.003 commits an offense. An offense under this subsection is a misdemeanor punishable by:

(1) a fine of not more than $300; and

(2) 30 hours of community service to be performed for a governmental entity or nonprofit organization that primarily serves persons with visual impairments or other disabilities, or for another entity or organization at the discretion of the court, to be completed in not more than one year.

(b) In addition to the penalty provided in Subsection (a), a person, including a firm, association, corporation, or other public or private organization, or the agent of the person, who violates the provisions of Section 121.003 is deemed to have deprived a person with a disability of his or her civil liberties. Subject to Section 121.0041, if applicable, the person with a disability deprived of his or her civil liberties may maintain an action for damages in a court of competent jurisdiction, and there is a conclusive presumption of damages in the amount of at least $300 to the person with a disability.

Acts 1979, 66th Leg., p. 2427, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1995, 74th Leg., ch. 890, Sec. 3, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 649, Sec. 5, eff. Sept. 1, 1997.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 838 (H.B. 489), Sec. 4, eff. January 1, 2014.

Acts 2017, 85th Leg., R.S., Ch. 342 (H.B. 1463), Sec. 1, eff. September 1, 2017.

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2012–2022 · leading case: Adam Schraer v. Texas Health & Human Servs. Comm'n & Thomas Suehs, in His Off. Capacity (Tex. App. 2014).
Adam Schraer v. Texas Health & Human Servs. Comm'n & Thomas Suehs, in His Off. Capacity (Tex. App. 2014). · cites it 2× “TEX. HUM. RES. CODE ANN. § 121.004(b) (West 2013).”
Lemuel David Hogan v. Stephanie Montagne Zoanni (Tex. 2021). “072(g) (stating attorney may not “maintain an action” against complainant or witness in disciplinary proceeding due to “absolute and unqualified” immunity); TEX. HUM. RES. CODE § 121.004(b) (permitting person with disabilities to “maintain an action” for discrimination); TEX.”
Mattie Jones, Individually & as Rep. of the Est. of Albin Jones v. Harris Cnty., Phillips Edison Grocery Ctr. Operating P'ship I, L. P., & Virgata Prop. Co., LLC (Tex. App. 2022). “See TEX. HUM. RES. CODE § 121.004. The Court ordered that Harris County’s supplemental brief was due within seven days of the oral argument, and that appellant Mattie Jones’s response was due seven days after the filing of Harris County’s supplemental brief.”
Univ. of Texas at Austin & William Powers, Jr., in His Off. Capacity as President of the Univ. of Texas at Austin v. Bambi Lowman (Tex. App. 2012). “See Tex. Hum. Res. Code Ann. § 121.004 (a), (b) (West 2001) (stating that violation of section 121.”
Univ. of Texas at Austin & William Powers, Jr., in His Off. Capacity as President of the Univ. of Texas at Austin v. Bambi Lowman (Tex. App. 2012). “See Tex. Hum. Res. Code Ann. § 121.004 (a), (b) (West 2001) (stating that violation of section 121.”
— Tex. Hum. Res. Code § 121.004(b) — 2 cases
Adam Schraer v. Texas Health & Human Servs. Comm'n & Thomas Suehs, in His Off. Capacity (Tex. App. 2014). “TEX. HUM. RES. CODE ANN. § 121.004(b) (West 2013).”
Lemuel David Hogan v. Stephanie Montagne Zoanni (Tex. 2021). “072(g) (stating attorney may not “maintain an action” against complainant or witness in disciplinary proceeding due to “absolute and unqualified” immunity); TEX. HUM. RES. CODE § 121.004(b) (permitting person with disabilities to “maintain an action” for discrimination); TEX.”
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