El Paso, Texas residential lease guide: outside ERCOT, wider fair housing rules

El Paso sits at the far western end of Texas, on a different power grid from the rest of the state, and two of the three things that make its lease different follow from that geography. El Paso Electric generates, transmits and distributes power to about 465,000 customers from Hatch, New Mexico to Van Horn, Texas under traditional rate regulation, so there is no retail provider to choose. The third difference is local law: the city’s Fair Housing Ordinance lists sexual orientation and gender identity among protected classes, two grounds the federal statute does not name expressly, and a landlord’s written screening criteria have to respect that. Evictions are filed in one of eight El Paso County justice courts. Each point is sourced below as read in September 2026.

Electricity: one regulated utility, no provider choice

Texas opened most of the state to retail electric competition in 2002, but Utilities Code §39.401 carves out investor-owned utilities “operating solely outside of ERCOT having fewer than six synchronous interconnections,” and the Legislature found that for those areas “it is not in the public interest to transition to full retail customer choice at this time.” El Paso Electric is such a utility: its own description is of a company “engaged in generation, transmission and distribution service” that is “governed by the rules and regulations of the Public Utility Commission of Texas and the New Mexico Public Regulatory Commission” (El Paso Electric — About EPE). The lease therefore names El Paso Electric as the electricity provider, says the tenant opens the account in the tenant’s name from the start date, and does not mention PowerToChoose or retail providers — they do not exist here. Because the utility is vertically integrated, an outage call and a billing question go to the same company.

Water: El Paso Water

El Paso Water supplies water and wastewater inside the city — customer service is (915) 594-5500 — and is building a “Pure Water Center” to treat wastewater to drinking-water standards, a reminder that this is a desert utility with conservation programs and rebates the tenant may be able to use. Name it in the utilities clause and say whose name is on the account. In a master-metered building, Water Code §13.5031 requires the rental agreement to describe the water allocation method and state the average unit bill.

Fair housing: two protected classes the federal list does not have

Section 17.20.020 of the city code states the policy “to promote the opportunity for each person to obtain housing without regard to race, color, sex, sexual orientation, gender identity, religion, national origin, disability or familial status” (Chapter 17.20, Ordinance 19138 of February 2, 2021). The text of the federal Fair Housing Act and of the Texas Fair Housing Act does not name sexual orientation or gender identity; El Paso’s ordinance does, expressly. For a landlord that means the rental criteria, the advertising language and the way applications are handled must not distinguish on either ground, and the lease’s occupancy clause should describe who may live in the unit without reference to family structure beyond what fair housing law already requires.

Eviction venue: eight justice courts

El Paso County lists Justice of the Peace Precincts 1, 2, 3, 4, 5, 6-1, 6-2 and 7 (Justices of the Peace), with case search, e-filing and a rental-assistance link on the same page. Under Property Code §24.0041, in force since January 1, 2026, the suit is filed in the precinct where the property is located, and §24.005 now requires a notice to pay rent or vacate for a tenant who was not late before the month of the notice. Write the notice period and the delivery method into the lease.

Two more El Paso points for the lease file

Maintenance standard. The city enforces the International Property Maintenance Code, 2021 edition, adopted by Ordinance 019528 on August 1, 2023 (Chapter 18.50). It is the standard a complaint inspection uses; see the El Paso maintenance guide.
Flood. Chapter 18.60, Flood Damage Prevention, applies NFIP definitions and limits development that would raise the base flood by more than one foot (Chapter 18.60); the state disclosure under §92.0135 applies as everywhere. See the El Paso flood, heat and monsoon plan.
No registration. El Paso has no rental registration program for houses or apartments (Titles 5, 17 and 18 of the code, read September 2026). Details in the El Paso registration guide.

WHAT TO WRITE IN AN EL PASO LEASE
Clause	What changes for an El Paso address	Source
Electricity	Tenant opens an El Paso Electric account; no retail provider choice; outages and bills go to the same utility	El Paso Electric · Utilities Code §39.401
Water	El Paso Water account holder named; allocation method if master-metered	El Paso Water · Water Code §13.5031
Screening and occupancy	Criteria and ads neutral as to sexual orientation and gender identity, in addition to federal classes	Chapter 17.20
Notices and venue	El Paso County JP precinct for the address; pay-or-vacate notice for a first late payment	El Paso County JP · Property Code ch. 24
Maintenance	Repair route in the lease; IPMC 2021 is the city standard on complaint	Chapter 18.50

What changes in El Paso

Outside ERCOT: El Paso Electric is the only provider, regulated on a cost-of-service basis — no PowerToChoose.
The city’s Fair Housing Ordinance adds sexual orientation and gender identity to the protected classes.
Eight county justice courts, filed by precinct.
No rental registration program of any kind; the IPMC 2021 is the complaint standard.
Desert water utility with conservation programs — name El Paso Water in the lease.

Frequently asked questions

Can my tenant choose their electricity provider in El Paso?

No. El Paso is served by El Paso Electric, an investor-owned utility operating outside ERCOT under Utilities Code §39.401, which the Legislature has kept out of retail competition. The tenant opens an El Paso Electric account.

Does El Paso protect more than the federal fair housing classes?

Yes. Chapter 17.20 of the city code names sexual orientation and gender identity alongside race, color, sex, religion, national origin, disability and familial status.

Where is an eviction filed in El Paso?

In the El Paso County justice court of the precinct where the property is located — the county lists Precincts 1 through 7, with 6-1 and 6-2 (Justices of the Peace), as Property Code §24.0041 requires.

Do I need to register a rental property in El Paso?

No. The city code’s business-license, housing and building titles contain no rental registration program for long-term rentals, and no short-term rental chapter was found either; confirm any short-stay rule with Planning and Inspections before operating one.

Sources

Rules change and the right answer can depend on the home, the city, the lease and the timing. These are the official pages this guide relies on; check them before signing, charging a fee, sending a notice or making a legal decision.

General information for U.S. landlords, with a Texas focus. This guide is not legal, tax or accounting advice. Consult a qualified professional for your situation. Written by the rentalfreelease.com Editorial Team; last reviewed September 19, 2026.