Texas and
Emotional Support Animals

Texas ESA Laws

Emotional support animal (ESA) requests in Texas housing fall under the federal Fair Housing Act and Texas Property Code chapter 301 (the Texas Fair Housing Act), which both require reasonable accommodations for people with disabilities (42 U.S.C. §3604(f)(3)(B); Tex. Prop. Code §301.025(c)(2)). HB 4164 (2023) raised the penalty for falsely claiming an animal is a trained assistance or service animal (Tex. Hum. Res. Code §121.006); it doesn't mention ESAs. Whether a landlord can charge pet fees for an ESA now depends on the property: HUD withdrew its earlier guidance in 2025, and under its May 2026 memo it finds a violation only where the animal is trained to provide disability-related assistance. TDHCA's FAQ for TDHCA-monitored properties (updated July 2026), which is guidance rather than a rule, says that where only the Fair Housing Act applies, standard pet fees may be charged for an untrained ESA starting at lease renewal. Texas has one of the largest rental housing markets in the nation; most rentals are covered, but small owner-occupied buildings and some single-family homes are exempt (Tex. Prop. Code §301.041). As of the DOT 2021 rule, ESAs are no longer covered for air travel. Texas residents should obtain a legitimate ESA letter from a licensed mental health professional with a proper therapeutic relationship.

Texas ESA Laws — Emotional Support Animal Guide

Texas is one of the largest states in the country with a massive and diverse housing market. Emotional support animal (ESA) rights in Texas are governed by both federal and state fair housing laws, ensuring that residents with qualifying mental health conditions can keep their ESAs in rental housing. This guide explains Texas-specific ESA regulations, housing protections, and how to obtain a valid ESA letter.

Overview of ESA Protections in Texas

ESA protections in Texas stem from the Fair Housing Act (FHA) at the federal level and the Texas Fair Housing Act (Texas Property Code §301.001 et seq.) at the state level. Both laws prohibit disability-based discrimination in housing and require landlords to grant reasonable accommodations for ESAs with proper documentation.

HB 4164 (2023) raised the penalty for falsely claiming an animal is a trained assistance or service animal (Texas Human Resources Code §121.006). It doesn't mention emotional support animals.

Federal Fair Housing Act (FHA) Protections

What changed in 2025–2026. HUD withdrew its 2013 and 2020 guidance on assistance animals, effective September 17, 2025 (Federal Register, April 6, 2026, Doc. 2026-06624). Under its May 22, 2026 memo, HUD finds a violation in animal-accommodation complaints only where the animal is trained to provide disability-related assistance, and the memo says requests to waive pet policies for untrained emotional support animals are not presumed reasonable. Tenants can still file complaints.

What didn't change. The federal Fair Housing Act still requires reasonable accommodations for people with disabilities (42 U.S.C. §3604(f)(3)(B)), and so does HUD's regulation (24 CFR 100.204). The Texas Fair Housing Act has the same rule (Texas Property Code §301.025(c)(2)). HUD's memo says it doesn't affect your right to bring a private lawsuit.

Texas-Specific ESA Laws

The Texas Fair Housing Act provides state-level protections that align with the federal FHA. The Texas Workforce Commission Civil Rights Division enforces housing discrimination complaints, including those involving ESA denials.

HB 4164 took effect September 1, 2023. We found no Texas statute that governs ESA letters: a 2023 bill, HB 5206, would have required a 30-day patient-provider relationship, but it did not pass.

ESA Letter Requirements in Texas

To receive ESA protections in Texas, your ESA letter must meet specific standards:

• Must be issued by a licensed mental health professional (LMHP) — including licensed psychologists, psychiatrists, licensed professional counselors (LPCs), or licensed clinical social workers (LCSWs)
• Professionals evaluating Texas residents located in Texas generally need a Texas license; the Texas Behavioral Health Executive Council treats the client's location as where the practice occurs (22 TAC §882.23)
• The letter must confirm a disability recognized under the FHA — a physical or mental impairment that substantially limits one or more major life activities
• Must state the therapeutic connection between the ESA and the disability
• Should be on the provider's professional letterhead with license number, contact information, and date
• We found no Texas or federal statute that sets an expiration date for an ESA letter; many landlords ask for recent documentation

Housing Rights and Landlord Obligations in Texas

Given the size of Texas's rental market — from urban centers like Houston, Dallas, Austin, and San Antonio to suburban and rural communities — most rentals are covered, but small owner-occupied buildings and some single-family homes are exempt (Texas Property Code §301.041). For covered rentals:

• Must accept valid ESA letters and provide reasonable accommodations
• Cannot charge extra compensation or a deposit for a service animal, which Texas defines as a specially trained or equipped dog (Texas Human Resources Code §§121.002, 121.003(h)). For untrained ESAs, fees are now contested: TDHCA's FAQ for TDHCA-monitored properties (updated July 2026), which is guidance rather than a rule, says that where only the Fair Housing Act applies, standard pet fees may be charged for an untrained ESA starting at lease renewal. It also says Section 504 and housing tax-credit properties should allow support animals without charge
• Cannot deny a lease or housing based solely on ESA ownership
• Can request documentation if the disability-related need is not obvious
• Can deny if the specific animal poses a direct threat to the health or safety of others
• Can deny if the accommodation would cause undue financial or administrative burden
• Can hold tenants liable for property damage caused by the ESA

Texas landlords should respond to ESA accommodation requests promptly. Unreasonable delays or denials may constitute a fair housing violation enforceable through the Texas Workforce Commission or HUD.

Fraud and Penalties

We found no Texas statute aimed at ESA fraud as such. Knowingly representing that an animal is an assistance or service animal when it is not specially trained or equipped is a misdemeanor under Texas Human Resources Code §121.006. Landlords also have the right to verify the legitimacy of ESA letters and may deny requests that appear fraudulent or lack a genuine therapeutic basis.

ESA vs. Service Animals in Texas

Texas recognizes a clear distinction between service animals and ESAs:

• Service animals are trained to perform specific disability-related tasks and are protected under the ADA in all public places. Texas Human Resources Code §121.006 makes it a misdemeanor to knowingly represent an animal as an assistance or service animal when it is not specially trained or equipped (fine up to $1,000 and 30 hours of community service). Interfering with an assistance animal is barred by §121.003(j)
• Emotional support animals provide therapeutic benefit through companionship and are protected primarily in housing under the FHA
• ESAs do not have guaranteed public access rights in Texas

Air Travel with ESAs — DOT 2021 Rule Change

Since January 2021, the U.S. Department of Transportation (DOT) no longer requires airlines to accommodate emotional support animals under the Air Carrier Access Act (ACAA). Only trained service animals retain protected access to aircraft cabins. Given the size of Texas and the prevalence of air travel from major hubs like DFW, Houston IAH, and Austin-Bergstrom, ESA owners should review individual airline pet policies before booking flights.

How to Get an ESA Letter in Texas

1. Consult a licensed mental health professional — either in-person in Texas or via a legitimate telehealth provider
2. Undergo a clinical evaluation — the provider assesses your mental health condition and determines if an ESA would provide therapeutic benefit
3. Obtain your ESA letter — if you qualify, the provider issues a signed letter on professional letterhead confirming your need
4. Submit the letter to your landlord — present it as a formal reasonable accommodation request under the FHA

Key Statutes

• Federal Fair Housing Act — 42 U.S.C. §3601 et seq.
• Texas Fair Housing Act — Texas Property Code §301.001 et seq.
• Texas HB 4164 (2023) — amended Texas Human Resources Code §121.006 (misrepresenting an assistance or service animal), effective September 1, 2023
• Texas Human Resources Code §§121.002, 121.003(h), 121.006 — definitions, housing access for service animals, and misrepresentation penalties
• HUD Guidance on Assistance Animals — FHEO-2020-01 (January 2020; withdrawn effective September 17, 2025, Federal Register Doc. 2026-06624)
• HUD memo, Enforcement Guidance on assessing requests to use an animal as a reasonable accommodation under the Fair Housing Act (May 22, 2026)
• TDHCA, FAQ for TDHCA monitored properties relating to Emotional Support Animals (updated July 2026)
• DOT Final Rule on Traveling by Air with Service Animals — 14 CFR Part 382 (2021)