SECTION 819.155. Conciliation

(a) During the period beginning with the filing of the complaint and ending with the filing of a charge or the dismissal of the complaint by the CRD director, CRD shall attempt to conciliate the complaint.

(b) In conciliating a complaint, CRD shall attempt to achieve a just resolution of the complaint and to obtain assurances that the respondent will satisfactorily remedy any violations of the rights of the complainant, and take such action that will assure the elimination of discriminatory housing practices, or the prevention of their occurrence, in the future.

(c) The terms of a settlement of a complaint shall be reduced to a written conciliation agreement. The conciliation agreement shall protect the interests of the complainant, other people similarly situated, and the public interest.

(d) The agreement is subject to the approval of the CRD director, who shall indicate approval by signing the agreement. The CRD director shall approve an agreement and execute the agreement, only if:

(1) the complainant and the respondent agree to the relief; and

(2) the provisions of the agreement shall adequately protect the public interest.

(e) CRD may issue a charge under the Texas Fair Housing Act and this chapter if the complainant and the respondent have executed an agreement that has not been approved by the CRD director.

(f) CRD may terminate its efforts to conciliate the complaint if:

(1) the complainant or the respondent fails or refuses to confer with CRD;

(2) the complainant or the respondent fails to make a good faith effort to resolve any dispute; or

(3) the CRD director finds, for any reason, that voluntary agreement is not likely to result.

(g) When the complainant has commenced a civil action under federal or state law seeking relief for the alleged discriminatory housing practice, the CRD director shall terminate conciliation.

(h) The CRD director may review compliance with the terms of any conciliation agreement. If the CRD director has reasonable cause to believe that a complainant or a respondent has breached a conciliation agreement, the CRD director may refer the matter to the Office of the Attorney General with a recommendation for the filing of a civil action under the Texas Fair Housing Act, Subchapter G, for the enforcement of the terms of the conciliation agreement.

Source Note: The provisions of this §819.155 adopted to be effective September 27, 2005, 30 TexReg 6065