The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Accessible, when used with respect to the public and common use areas of a building containing covered multifamily dwellings--The public or common use areas of the building can be approached, entered, and used by individuals with physical disabilities. The phrase "readily accessible to and usable by" is synonymous with accessible. A public or common use area that complies with the appropriate requirements of ANSI A117.1 or another standard that affords disabled persons access comparable to or greater than that required by ANSI A117.1.
2. (2) Accessible route--A continuous unobstructed path connecting accessible elements and spaces in a building or with a site that can be negotiated by a person with a severe disability using a wheelchair and that is also safe for and usable by people with other disabilities. Interior accessible routes may include corridors, floors, ramps, elevators, and lifts. Exterior accessible routes may include parking space aisles, curb ramps, walks, ramps, and lifts. A route that complies with the appropriate requirements of ANSI A117.1 is an accessible route.
3. (3) Act--The Texas Fair Housing Act, Texas Property Code, Chapter 301.
4. (4) Aggrieved persons--Any person who claims to have been injured by a discriminatory housing practice; or believes that he or she will be injured by a discriminatory housing practice that is about to occur.
5. (5) Attorney general--The attorney general of Texas.
6. (6) Building--A structure, facility, or the portion thereof that contains or serves one or more dwelling units.
7. (7) Building entrance on an accessible route--An accessible entrance to a building that is connected by an accessible route to public transportation stops, to accessible parking and passenger loading zones, and to public streets or sidewalks, if available. A building entrance that complies with ANSI A117.1.
8. (8) Charge--The statement of facts issued under the Act, §301.088, upon which the commission has found reasonable cause to believe that a discriminatory housing practice has occurred or is about to occur.
9. (9) Commission--The Texas Commission on Human Rights.
10. (10) Common use areas--Rooms, spaces, or elements inside or outside of a building that are made available for the use of residents of a building or the guests thereof. These areas include hallways, lounges, lobbies, laundry rooms, refuse rooms, mailrooms, recreational areas, and passageways among and between buildings.
11. (11) Complainant--A person, including the commission, who files a complaint under the Act, §301.081.
12. (12) Complaint--A complaint filed with the commission under §301.081, or filed with the federal government as referenced under the Act, §301.083(a).
13. (13) Conciliation--The attempted resolution of issues raised by a complaint or by the investigation of the complaint, through informal negotiations involving the aggrieved person, the respondent, and the commission.
14. (14) Conciliation agreement--A written agreement setting forth the resolution of the issues in conciliation.
15. (15) Controlled substance--Any drug or other substance, or immediate precursor included in the definition in the Controlled Substances Act (21 United States Code 802), §102.
16. (16) Court--A district court in the county in which the alleged discriminatory housing practice occurred.
17. (17) Designee--An employee of the commission authorized to execute such duties, powers, and authority as may be conferred by the executive director subject to the provisions of the Act or these rules.

18. (18) 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. In this Act, the term does not include current illegal use of or addiction to any drug or illegal or federally controlled substance; and reference to "an individual with a disability" or perceived as "disabled" does not apply to an individual because of that individual's sexual orientation or because that individual is a transvestite. As used in this definition physical or mental impairment means:

    1. (A) 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, genito-urinary, hemic and lymphatic, skin, and endocrine; or
    2. (B) any mental or psychological disorder, such as mental retardation, 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, mental retardation, emotional illness, drug addiction (other than addiction caused by current, illegal use of a controlled substance);
    3. (C) any major life activities such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working;
    4. (D) having a record of such an impairment such as a history of, or misclassification as having, a mental or physical impairment that substantially limits one or more major life activities;
    5. (E) regarded as having a physical or mental impairment that does not substantially limit one or more major life activities but that is treated by another person as constituting such a limitation; having a physical or mental impairment that substantially limits one or more major life activities only as a result of the attitudes of others toward such impairment; or having no physical or mental impairment but is treated by another person as having such an impairment.
19. (19) Discriminatory housing practice--An act prohibited by Subchapter B, or conduct that is an offense under Subchapter I.
20. (20) Dwelling--Any building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residency by one or more families; or any vacant land that is offered for sale or lease for the construction or location of a building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residency by one or more families.
21. (21) Entrance--Any access point to a building or portion of a building used by residents for the purpose of entering.
22. (22) Examiner--A person designated by the commission to conduct a hearing.
23. (23) Executive director--The executive director of the Texas Commission on Human Rights.
24. (24) Exterior--All areas of the premises outside of an individual dwelling unit.
25. (25) Familial status--A person who is subject to a discriminatory housing practice because of pregnancy; domiciled with an individual younger than 18 years of age in regard to whom the person is the parent or legal custodian or has the written permission of the parent or legal custodian for domicile with that person; or in the process of obtaining legal custody of an individual younger than 18 years of age.
26. (26) Family--Includes a single individual.
27. (27) Federal government--United States Department of Housing and Urban Development.
28. (28) Federal law--Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988 (Public Law 100-430).
29. (29) First occupancy--A building that has never before been used for any purpose.
30. (30) Ground floor--A floor of a building with a building entrance on an accessible route. A building may have more than one ground floor.
31. (31) Hearing--A proceeding conducted to receive evidence or argument on a matter before the commission.
32. (32) Hearing examiner--An examiner who is not a member of the commission.
33. (33) Interior--The spaces, parts, components, or elements of an individual dwelling unit.
34. (34) Intervenor--A person other than a complainant or respondent who, upon showing a justiciable interest in a matter before the commission, is permitted to become a party to a proceeding.
35. (35) Modification--Any change to the public or common use areas of a building or any change to a dwelling unit.
36. (36) Multifamily dwellings--Buildings consisting of four or more dwelling units if the buildings have one or more elevators; and the ground floor of the dwelling units in other buildings consists of four or more dwelling units.
37. (37) Municipality--A local political subdivision that enforces a local ordinance prohibiting discriminatory housing practices which has been determined to be substantially equivalent to federal law by the federal government.
38. (38) Nonparty participant--A person other than a party who is admitted to participant status and who according to commission procedure supports or opposes, in part or whole, an application submitted to the commission.
39. (39) Party--A person who, having a justiciable interest in a matter before the commission, is admitted to full participation in a proceeding concerning that matter.
40. (40) Person--One or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under Title 11, receivers, and fiduciaries.
41. (41) Pleading--A written allegation by a party or complainant of his claims in the form of a complaint, exception, reply, motion, or answer.
42. (42) 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.
43. (43) Proceeding--A conference, meeting, hearing, investigation, inquiry, or other fact-finding or decision-making procedure, including the dismissal of a complaint. It may be rulemaking or adjudicative.
44. (44) 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.
45. (45) Register--The Texas Register.
46. (46) Residential real estate-related transaction--Making or purchasing loans or providing other financial assistance to purchase, construct, improve, repair, or maintain a dwelling; or to secure residential real estate; or the selling, brokering, or appraising residential real estate property.
47. (47) Respondent--The person accused of violation of the Act in a complaint of a discriminatory housing practice; or any person identified as an additional or substitute respondent under the Act, §301.081, or any agent of an additional or substitute respondent.
48. (48) Site--A parcel of land bounded by a property line or a designated portion of a public right of way.
49. (49) Standards for accessibility and usability for physically disabled people--Compliance with the appropriate requirements of the American National Standard for buildings and facilities commonly cited as "ANSI A117.1" or another standard that affords handicap persons accessibility and usability comparable to or greater than that required by ANSI A117.1.
50. (50) Substitute respondent--A person not named in the complaint if in the course of the investigation the commission determines a person should be accused of a discriminatory practice.
51. (51) To rent--To lease, to sublease, to let, or to otherwise grant for a consideration the right to occupy premises not owned by the occupant.

Source Note:The provisions of this §819.151 adopted to be effective April 13, 1990, 15 TexReg 1842; amended to be effective September 17, 2001, 26 TexReg 7123; transferred effective March 1, 2004, as published in the Texas Register April 9, 2004, 29 TexReg 3653.