Texas Section 8, Records & Right to Counsel
Texas rules on section 8, records & right to counsel for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: No. There is no statewide source-of-income protection, and cities and counties are barred from adopting ordinances that prohibit refusing a tenant because the tenant's income includes federal housing assistance (e.g., Section 8 vouchers). Tex. Local Gov't Code Sec. 250.007
The rules in Texas
| Statewide ban on refusing Section 8 / source of income | No. There is no statewide source-of-income protection, and cities and counties are barred from adopting ordinances that prohibit refusing a tenant because the tenant's income includes federal housing assistance (e.g., Section 8 vouchers). Local protections for veterans' income and voluntary voucher-incentive programs are still allowed. |
|---|---|
| Right to a lawyer in eviction | No statewide right to counsel in eviction cases. In justice court, parties may represent themselves or be represented by authorized agents who need not be attorneys. No right-to-counsel provision found in ch. 24. |
Related questions
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
Texas vs. neighboring states
| State | Statewide ban on refusing Section 8 / source of income | Eviction record sealing | Right to a lawyer in eviction |
|---|---|---|---|
| Texas | No. There is no statewide source-of-income protection, and cities and counties are barred from adopting ordinances that prohibit refusing a tenant because the tenant's income includes federal housing assistance (e.g., Section 8 vouchers). Local protections for veterans' income and voluntary voucher-incentive programs are still allowed. Tex. Local Gov't Code Sec. 250.007 | Not verified yet | No statewide right to counsel in eviction cases. In justice court, parties may represent themselves or be represented by authorized agents who need not be attorneys. Tex. Prop. Code ch. 24; Sec. 24.011 |
| Arkansas | No. Arkansas has no statewide ban on refusing tenants who pay with housing vouchers (Section 8) or other lawful income. Source of income is not a protected class under the Arkansas Fair Housing Act. Ark. Code § 16-123-310 | Not verified yet | No. Arkansas has no statewide right to a lawyer in eviction cases. Ark. Code §§ 18-17-901 to 18-17-913; 18-60-301 et seq. |
| Louisiana | No statute — source of income is not a protected class under Louisiana's fair-housing law. The Louisiana Equal Housing Opportunity Act bars rental discrimination based on race, color, religion, sex, familial status, national origin, military status, natural/protective/cultural hairstyle, and disability, but not source of income or housing vouchers. Check local ordinances. La. R.S. 51:2606(A) | No statute. Louisiana has no law sealing, suppressing, or limiting public access to eviction court records. The eviction articles of the Code of Civil Procedure (arts. 4701-4735) contain no sealing or expungement provision. La. C.C.P. arts. 4701-4705, 4731-4735 (checked) | No statewide right to counsel in eviction cases was found in the Code of Civil Procedure eviction title. La. C.C.P. arts. 4701-4735 (checked in part) |
| New Mexico | No statewide protection. 2025 HB 339, which would have added 'source of income' as a protected category for housing under the Human Rights Act, died. A similar 2024 bill (HB 25) was reported as failing in committee. NMSA 1978, § 28-1-7 (no source-of-income category); 2025 HB 339 (died) | No eviction-specific sealing statute. 2025 HB 253, which would have sealed eviction records when a case is filed and unsealed them only after a judgment for the owner, died. 2025 HB 253 (died) | Not verified yet |
| Oklahoma | No. Oklahoma's fair housing law protects race, color, religion, gender, national origin, age, familial status, and disability. It does not cover source of income or voucher use. 25 O.S. § 1452(A) | No statute. Oklahoma's forcible entry and detainer statutes have no provision for sealing or expunging eviction records. 12 O.S. §§ 1148.1-1148.16 (no sealing provision) | No statewide right to counsel in eviction cases. 12 O.S. §§ 1148.1-1148.16; 41 O.S. §§ 101-136 (no counsel provision) |
City rules that may add to state law
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Compare section 8, records & right to counsel in all 50 states and DC →
Texas Section 8, Records & Right to Counsel FAQ
Is it illegal for a landlord to refuse Section 8 vouchers in Texas?
No. There is no statewide source-of-income protection, and cities and counties are barred from adopting ordinances that prohibit refusing a tenant because the tenant's income includes federal housing assistance (e.g., Section 8 vouchers). Local protections for veterans' income and voluntary voucher-incentive programs are still allowed. (Tex. Local Gov't Code Sec. 250.007)
Do tenants have a right to a free lawyer in eviction cases in Texas?
No statewide right to counsel in eviction cases. In justice court, parties may represent themselves or be represented by authorized agents who need not be attorneys. (Tex. Prop. Code ch. 24; Sec. 24.011)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.