Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter G - TEXAS FAIR HOUSING ACT PROVISIONS › Section 819.112 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in Subchapter G,
					 Texas Fair Housing Act Provisions; Subchapter H, Discriminatory Housing
					 Practices; Subchapter I, Texas Fair Housing Act Complaints and Appeals Process;
					 Subchapter J, Fair Housing Deferral to Municipalities; Subchapter K, Fair
					 Housing Administrative Hearings and Judicial Review; and Subchapter L, Fair
					 Housing Fund, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Accessible or
				  readily accessible to and usable by--Means a public or common use area can be
				  approached, entered, and used by individuals with disabilities, as set forth in
				  Texas Property Code §
										301.025(c)(3).
				  Compliance with the appropriate requirements of the American National Standards
				  Institute (ANSI) for buildings and facilities providing accessibility and
				  usability for persons having physical disabilities, commonly cited as ANSI
				  A117.1, satisfies this requirement.
(2) Accessible building entrance--A building
				  entrance that is accessible by individuals with disabilities, as set forth in
				  Texas Property Code §
										301.025(c).
				  Compliance with the appropriate requirements of ANSI for buildings and
				  facilities providing accessibility and usability for persons having physical
				  disabilities, commonly cited as ANSI A117.1, satisfies this
				  requirement.
(3) Accessible
				  route--A route that is accessible by individuals with disabilities, as set
				  forth in Texas Property Code §
										301.025(c).
				  Compliance with the appropriate requirements of ANSI for buildings and
				  facilities providing accessibility and usability for persons having physical
				  disabilities, commonly cited as ANSI A117.1, satisfies this
				  requirement.
(4) Building--A
				  structure, facility, or the portion thereof that contains or serves one or more
				  dwelling units.
(5) Common use
				  areas--Rooms, spaces, or elements inside or outside of a building that are made
				  available for the use of residents or the guests of a building. These areas
				  include, but are not limited to, hallways, lounges, lobbies, laundry rooms,
				  refuse rooms, mailrooms, recreational areas, and passageways among and between
				  buildings.
(6) Complaint--A written
				  statement made under oath stating that an unlawful housing practice has been
				  committed, setting forth the facts on which the complaint is based, and
				  received within one year of the date the alleged unlawful housing practice
				  occurred or terminated, whichever is later, and for which CRD shall initiate an
				  investigation.
(7) Controlled
				  substance--Any drug or other substance or immediate precursor as defined in the
				  Controlled Substances Act, 21 U.S.C. § 802 or the Texas Controlled
				  Substances Act, Texas Health and Safety Code Chapter 481.
(8) Disability--A mental or physical
				  impairment that substantially limits at least one major life activity, a record
				  of such an impairment, or being regarded as having such an impairment. The term
				  does not include current illegal use of or addiction to any drug or illegal or
				  controlled substance; and reference to "an individual with a disability" or
				  perceived as "disabled" does not apply to an individual based on that
				  individual's sexual orientation or because that individual is a transvestite.
(A) Physical or mental impairment includes:
(i) any physiological disorder or condition,
				  cosmetic disfigurement, or anatomical loss affecting one or more of the
				  following body systems: neurological, musculoskeletal, special sense organs,
				  respiratory, including speech organs, cardiovascular, reproductive, digestive,
				  genitourinary, hemic and lymphatic, skin, and endocrine; or
(ii) any mental or psychological disorder,
				  such as intellectual disability , organic brain syndrome, emotional or mental
				  illness, and specific learning disabilities. The term "physical or mental
				  impairment" includes, but is not limited to, such diseases and conditions as
				  orthopedic, visual, speech and hearing impairments, cerebral palsy, autism,
				  epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease,
				  diabetes, human immunodeficiency virus infection, intellectual disability,
				  emotional illness, drug addiction (other than addiction caused by current,
				  illegal use of a controlled substance) and alcoholism.