Website accessibility law in Texas

Texas presumes at least $300 in damages for a disabled person denied full use of a "public facility" (including retail and commercial businesses open to the public), but website claims require 60 days' written notice and a chance to fix the problem before suit. On top of that, the federal ADA applies in Texas as everywhere: a business that loses or settles a website accessibility suit pays the plaintiff’s attorney’s fees.

The law

Statute: Tex. Hum. Res. Code ch. 121, §§ 121.002, 121.003, 121.004, 121.0041 (opens in a new tab)
Minimum per violation: $300
Can a person sue for money?: Yes
Attorney's fees under state law: Unconfirmed
Other money remedies: action for damages in any court of competent jurisdiction, § 121.004(b)
criminal misdemeanor: fine up to $300 plus 30 hours of community service, § 121.004(a)
§ 121.0041: written notice at least 60 days before suit, and a chance to cure, for claims based on design, construction or technical standards, expressly including "Internet website accessibility guidelines"; the notice may not demand money
Websites: Whether Texas law covers websites is unsettled: no case found, but § 121.0041's pre-suit notice expressly covers claims under Internet website accessibility guidelines.

Partially verified: read from a secondary copy of the statute because the official site couldn't be reached, Oct 7, 2026. A summary, not legal advice.

The federal baseline

ADA Title III gives a private plaintiff no money damages, but a business that loses or settles pays the plaintiff’s attorney’s fees (42 U.S.C. § 12205 (opens in a new tab)). That fee-shifting is what makes a website claim expensive, in Texas and everywhere else.

Lawsuits in Texas

Our lawsuit tracker has indexed 3 federal court records from Texas. It’s a sample, not a complete count: it covers dockets that say what they’re about.

Suno Inc. (opens in a new tab), filed 2026-07
Texas Workforce Commission (opens in a new tab), filed 2026-05
Hudspeth (opens in a new tab), filed 2026-02

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Questions

Can a business in Texas be sued over an inaccessible website?

Yes. The federal ADA applies in every state, and a plaintiff can sue in federal court for an order to fix the site plus attorney's fees. Under Texas law a person can sue the business directly. Whether Texas law covers websites is unsettled: no case found, but § 121.0041's pre-suit notice expressly covers claims under Internet website accessibility guidelines.

What is the minimum a Texas court awards for a website accessibility violation?

$300 per violation under Tex. Hum. Res. Code ch. 121, §§ 121.002, 121.003, 121.004, 121.0041, before attorney's fees.

Do I pay the plaintiff's lawyer if I lose or settle in Texas?

Under the federal ADA, yes: a business that loses or settles usually pays the plaintiff's attorney's fees (42 U.S.C. § 12205). Whether Texas law adds its own fee award is unconfirmed.

Which accessibility standard should a Texas business website meet?

The ADA doesn't name a technical standard for businesses. The Justice Department's 2022 guidance points to the Web Content Accessibility Guidelines (WCAG), and its 2024 rule for state and local governments adopted WCAG 2.1 Level AA.