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.
(B) Major life activity means a function such as caring
for one's self, performing manual tasks, walking, seeing, hearing,
speaking, breathing, learning, and working.
(C) A record of having such an impairment means a history
of, or misclassification as having, a mental or physical impairment
that substantially limits one or more major life activity.
(D) Being regarded as having an impairment means having:
(i) a physical or mental impairment that does not substantially
limit one or more major life activity but that is treated by another
person as constituting such a limitation;
(ii) a physical or mental impairment that substantially
limits one or more major life activity only as a result of the attitudes
of others toward such impairment; or
(iii) none of the impairments in subparagraph (A) of
this paragraph but is treated by another person as having such an
impairment.
(9) Discriminatory housing practice--An action prohibited
by Texas Fair Housing Act, Subchapter B, or conduct that is an offense
under Texas Fair Housing Act, Subchapter I.
(10) Entrance--Any access point to a building or portion
of a building used by residents for the purpose of entering the building.
(11) Exterior--All areas of the premises outside of
an individual dwelling unit.
(12) Ground floor--Within a building, any floor with
an entrance on an accessible route. A building may have more than
one ground floor.
(13) Interior--The spaces, parts, components, or elements
of an individual dwelling unit.
(14) Modification--Any change to the public or common
use areas of a building or any change to a dwelling unit.
(15) Premises--The interior or exterior spaces, parts,
components, or elements of a building, including individual dwelling
units and the public and common use areas of a building.
(16) Public use areas--Interior or exterior rooms or
spaces of a building that are made available to the general public.
Public use may be provided at a building that is privately or publicly
owned.
(17) Site--A parcel of land bounded by a property line
or a designated portion of a public right of way.
(18) Texas Fair Housing Act--Texas Property Code, Chapter
301.
(19) United States Fair Housing Act--Title VIII of
the Civil Rights Act of 1968, as amended by the Fair Housing Amendments
Act of 1988.
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