2005 Texas Human Resources Code CHAPTER 121. PARTICIPATION IN SOCIAL AND ECONOMIC ACTIVITIES

HUMAN RESOURCES CODE

TITLE 8. RIGHTS AND RESPONSIBILITIES OF PERSONS WITH DISABILITIES

CHAPTER 121. PARTICIPATION IN SOCIAL AND ECONOMIC ACTIVITIES


	§ 121.001. STATE POLICY.  The policy of the state is to 
encourage and enable persons with disabilities to participate fully 
in the social and economic life of the state, to achieve maximum 
personal independence, to become gainfully employed, and to 
otherwise fully enjoy and use all public facilities available 
within the state.

Acts 1979, 66th Leg., p. 2425, ch. 842, art. 1, § 1, eff. Sept. 1, 
1979.  Amended by Acts 1997, 75th Leg., ch. 649, § 2, eff. Sept. 
1, 1997.


	§ 121.0014. VISION STATEMENT.  (a) The Health and Human 
Services Commission, each health and human services agency, and 
each state agency that administers a workforce development program 
shall adopt the following statement of vision:

The State of Texas shall ensure that all Texans with disabilities 
have the opportunity and support necessary to work in 
individualized, competitive employment in the community and to have 
choices about their work and careers.
	(b)  In this section, "health and human services agency" 
means an agency listed by Section 19, Article 4413(502), Revised 
Statutes.

Added by Acts 1995, 74th Leg., ch. 655, § 6.02(a), eff. Sept. 1, 
1995.   


	§ 121.0015. INTERAGENCY WORK GROUP.  (a) An interagency 
work group is created to implement the action plan adopted at the 
1994 Supported Employment Summit.
	(b)  The work group is composed of a representative of the:                    
		(1)  Texas Education Agency, appointed by the 
commissioner of education;    
		(2)  Texas Commission for the Blind, appointed by the 
commissioner of that agency;
		(3)  Texas Department of Mental Health and Mental 
Retardation, appointed by the commissioner of mental health and 
mental retardation;
		(4)  Texas Rehabilitation Commission, appointed by the 
commissioner of that agency;  and
		(5)  Texas Commission for the Deaf and Hard of Hearing, 
appointed by the executive director of that agency.
	(c)  A member of the work group serves at the will of the 
appointing agency. 
	(d)  The work group shall elect a presiding officer and any 
other necessary officers.
	(e)  The work group shall meet at the call of the presiding 
officer.         
	(f)  The appointing agency is responsible for the expenses of 
a member's service on the work group.  A member of the work group 
receives no additional compensation for serving on the work group.
	(g)  The comptroller shall monitor the work group and the 
implementation of the action plan.

Added by Acts 1995, 74th Leg., ch. 655, § 6.02(a), eff. Sept. 1, 
1995.  Amended by Acts 1997, 75th Leg., ch. 165, § 6.66, eff. 
Sept. 1, 1997.


	§ 121.002. DEFINITIONS.  In this chapter:                                   
		(1)  "Assistance animal" means an animal that is 
specially trained or equipped to help a person with a disability and 
that:
			(A)  is used by a person with a disability who has 
satisfactorily completed a specific course of training in the use 
of the animal;  and
			(B)  has been trained by an organization generally 
recognized by agencies involved in the rehabilitation of persons 
with disabilities as reputable and competent to provide animals 
with training of this type.
		(2)  "Harass" means any conduct that:                                         
			(A)  is directed at an assistance animal that 
impedes or interferes with, or is intended to impede or interfere 
with, the animal's performance of its duties;  or
			(B)  places a person with a disability who is 
using an assistance animal, or a trainer who is training an 
assistance animal, in danger of injury.
		(3)  "Housing accommodations" means all or part of real 
property that is used or occupied or is intended, arranged, or 
designed to be used or occupied as the home, residence, or sleeping 
place of one or more human beings, except a single-family residence 
whose occupants rent, lease, or furnish for compensation only one 
room.
		(4)  "Person with a disability" means a person who has a 
mental or physical disability, including mental retardation, 
hearing impairment, deafness, speech impairment, visual 
impairment, or any health impairment that requires special 
ambulatory devices or services.
		(5)  "Public facilities" includes a street, highway, 
sidewalk, walkway, common carrier, airplane, motor vehicle, 
railroad train, motor bus, streetcar, boat, or any other public 
conveyance or mode of transportation;  a hotel, motel, or other 
place of lodging;  a public building maintained by any unit or 
subdivision of government;  a building to which the general public 
is invited;  a college dormitory or other educational facility;  a 
restaurant or other place where food is offered for sale to the 
public;  and any other place of public accommodation, amusement, 
convenience, or resort to which the general public or any 
classification of persons from the general public is regularly, 
normally, or customarily invited.
		(6)  "White cane" means a cane or walking stick that is 
metallic or white in color, or white tipped with a contrasting 
color, and that is carried by a blind person to assist the blind 
person in traveling from place to place.

Acts 1979, 66th Leg., p. 2425, ch. 842, art. 1, § 1, eff. Sept. 1, 
1979.  Amended by Acts 1981, 67th Leg., p. 3310, ch. 865, § 1, 
eff. Aug. 31, 1981;  Acts 1985, 69th Leg., ch. 278, § 1, eff. June 
5, 1985;  Acts 1995, 74th Leg., ch. 890, § 1, eff. Sept. 1, 1995;  
Acts 1997, 75th Leg., ch. 649, § 3, eff. Sept. 1, 1997.


	§ 121.003. DISCRIMINATION PROHIBITED.  (a) Persons with 
disabilities have the same right as the able-bodied to the full use 
and enjoyment of any public facility in the state.
	(b)  No common carrier, airplane, railroad train, motor bus, 
streetcar, boat, or other public conveyance or mode of 
transportation operating within the state may refuse to accept as a 
passenger a person with a disability solely because of the person's 
disability, nor may a person with a disability be required to pay an 
additional fare because of his or her use of an assistance animal, 
wheelchair, crutches, or other device used to assist a person with a 
disability in travel.
	(c)  No person with a disability may be denied admittance to 
any public facility in the state because of the person's 
disability.  No person with a disability may be denied the use of a 
white cane, assistance animal, wheelchair, crutches, or other 
device of assistance.
	(d)  The discrimination prohibited by this section includes 
a refusal to allow a person with a disability to use or be admitted 
to any public facility, a ruse or subterfuge calculated to prevent 
or discourage a person with a disability from using or being 
admitted to a public facility, and a failure to:
		(1)  comply with Article 9102, Revised Statutes;                              
		(2)  make reasonable accommodations in policies, 
practices, and procedures;  or
		(3)  provide auxiliary aids and services necessary to 
allow the full use and enjoyment of the public facility.
	(e)  Regulations relating to the use of public facilities by 
any designated class of persons from the general public may not 
prohibit the use of particular public facilities by persons with 
disabilities who, except for their disabilities or use of 
assistance animals or other devices for assistance in travel, would 
fall within the designated class. 
	(f)  It is the policy of the state that persons with 
disabilities be employed by the state, by political subdivisions of 
the state, in the public schools, and in all other employment 
supported in whole or in part by public funds on the same terms and 
conditions as persons without disabilities, unless it is shown that 
there is no reasonable accommodation that would enable a person 
with a disability to perform the essential elements of a job.
	(g)  Persons with disabilities shall be entitled to full and 
equal access, as other members of the general public, to all housing 
accommodations offered for rent, lease, or compensation in this 
state, subject to the conditions and limitations established by law 
and applicable alike to all persons.
	(h)  A person with a total or partial disability who has or 
obtains an assistance animal is entitled to full and equal access to 
all housing accommodations provided for in this section, and may 
not be required to pay extra compensation for the animal but is 
liable for damages done to the premises by the animal.
	(i)  An assistance animal in training shall not be denied 
admittance to any public facility when accompanied by an approved 
trainer who is an agent of an organization generally recognized by 
agencies involved in the rehabilitation of persons who are disabled 
as reputable and competent to provide training for assistance 
animals, and/or their handlers.
	(j)  A person may not assault, harass, interfere with, kill, 
or injure in any way, or attempt to assault, harass, interfere with, 
kill, or injure in any way, an assistance animal.

Acts 1979, 66th Leg., p. 2426, ch. 842, art. 1, § 1, eff. Sept. 1, 
1979.  Amended by Acts 1981, 67th Leg., p. 3310, ch. 865, § 2, 
eff. Aug. 31, 1981;  Acts 1983, 68th Leg., 1st C.S., p. 57, ch. 7, 
§ 10.03(c), eff. Sept. 23, 1983;  Acts 1985, 69th Leg., ch. 278, 
§ 2, eff. June 5, 1985;  Acts 1989, 71st Leg., ch. 249, § 1, 
eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 890, § 2, eff. 
Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 649, § 4, eff. Sept. 1, 
1997;  Acts 2001, 77th Leg., ch. 261, § 1, eff. May 22, 2001;  
Acts 2003, 78th Leg., ch. 710, § 1, eff. Sept. 1, 2003.


	§ 121.004. PENALTIES FOR AND DAMAGES RESULTING FROM 
DISCRIMINATION.  (a) A person, firm, association, corporation, or 
other organization, or the agent of a person, firm, association, 
corporation, or other organization who violates a provision of 
Section 121.003 commits an offense.  An offense under this 
subsection is a misdemeanor punishable by a fine of not less than 
$300 or more than $1,000.
	(b)  In addition to the penalty provided in Subsection (a) of 
this section, a person, firm, association, corporation, or other 
organization, or the agent of a person, firm, association, 
corporation, or other organization, who violates the provisions of 
Section 121.003 of this chapter is deemed to have deprived a person 
with a disability of his or her civil liberties.  The person with a 
disability deprived of his or her civil liberties may maintain a 
cause of action for damages in a court of competent jurisdiction, 
and there is a conclusive presumption of damages in the amount of at 
least $100 to the person with a disability.

Acts 1979, 66th Leg., p. 2427, ch. 842, art. 1, § 1, eff. Sept. 1, 
1979.  Amended by Acts 1995, 74th Leg., ch. 890, § 3, eff. Sept. 
1, 1995;  Acts 1997, 75th Leg., ch. 649, § 5, eff. Sept. 1, 1997.


	§ 121.005. RESPONSIBILITIES OF PERSONS WITH 
DISABILITIES.  (a) A person with a disability who uses an 
assistance animal for assistance in travel is liable for any 
damages done to the premises or facilities by the animal.
	(b)  A person with a disability who uses an assistance animal 
for assistance in travel or auditory awareness shall keep the 
animal properly harnessed or leashed, and a person who is injured by 
the animal because of the failure of a person with a disability to 
properly harness or leash the animal is entitled to maintain a cause 
of action for damages in a court of competent jurisdiction under the 
same law applicable to other causes brought for the redress of 
injuries caused by animals.

Acts 1979, 66th Leg., p. 2427, ch. 842, art. 1, § 1, eff. Sept. 1, 
1979.  Amended by Acts 1981, 67th Leg., p. 3310, ch. 865, § 3, 
eff. Aug. 31, 1981;  Acts 1985, 69th Leg., ch. 278, § 3, eff. June 
5, 1985;  Acts 1997, 75th Leg., ch. 649, § 6, eff. Sept. 1, 1997.


	§ 121.006. PENALTIES FOR IMPROPER USE OF ASSISTANCE 
ANIMALS.  (a) A person who uses an assistance animal with a harness 
or leash of the type commonly used by persons with disabilities who 
use trained animals, in order to represent that his or her animal is 
a specially trained assistance animal when training of the type 
described in Section 121.002(1)(B) of this chapter has not in fact 
been provided, is guilty of a misdemeanor and on conviction shall be 
punished by a fine of not more than $200.
	(b)  A person who habitually abuses or neglects to feed or 
otherwise neglects to properly care for his or her assistance 
animal is subject to seizure of the animal under Subchapter B, 
Chapter 821,  Health and Safety Code.

Acts 1979, 66th Leg., p. 2427, ch. 842, art. 1, § 1, eff. Sept. 1, 
1979.  Amended by Acts 1981, 67th Leg., p. 3311, ch. 865, § 4, 
eff. Aug. 31, 1981;  Acts 1985, 69th Leg., ch. 278, § 4, eff. June 
5, 1985;  Acts 1997, 75th Leg., ch. 649, § 7, eff. Sept. 1, 1997.


	§ 121.007. BLIND AND DISABLED PEDESTRIANS.  (a) No person 
may carry a white cane on a public street or highway unless the 
person is totally or partially blind.
	(b)  The driver of a vehicle approaching an intersection or 
crosswalk where a pedestrian guided by an assistance animal or 
carrying a white cane is crossing or attempting to cross shall take 
necessary precautions to avoid injuring or endangering the 
pedestrian.  The driver shall bring the vehicle to a full stop if 
injury or danger can be avoided only by that action.
	(c)  The failure of a totally or partially blind or otherwise 
disabled person to carry a white cane or be guided or aided by an 
assistance animal does not deprive the person of the rights and 
privileges conferred by law on pedestrians crossing streets or 
highways and does not constitute evidence of contributory 
negligence.
	(d)  A person who violates this section commits a Class C 
misdemeanor.       

Acts 1979, 66th Leg., p. 2428, ch. 842, art. 1, § 1, eff. Sept. 1, 
1979.  Amended by Acts 1985, 69th Leg., ch. 278, § 5, eff. June 5, 
1985;  Acts 1997, 75th Leg., ch. 649, § 8, eff. Sept. 1, 1997.


	§ 121.008. DISSEMINATION OF INFORMATION RELATING TO 
PERSONS WITH DISABILITIES.  (a) To ensure maximum public awareness 
of the policies set forth in this chapter, the governor may issue a 
proclamation each year taking suitable public notice of October 15 
as White Cane Safety Day. The proclamation must contain appropriate 
comment about the significance of various devices used by persons 
with disabilities to assist them in traveling, and must call to the 
attention of the public the provisions of this chapter and of other 
laws relating to the safety and well-being of this state's citizens 
with disabilities.
	(b)  State agencies regularly mailing forms or information 
to significant numbers of public facilities operating within the 
state shall cooperate with state agencies responsible for the 
rehabilitation of persons with disabilities by sending information 
about this chapter to those to whom regular mailings are sent.  The 
information, which must be sent only on the request of state 
agencies responsible for the rehabilitation of persons with 
disabilities and not more than once each year, may be included in 
regular mailings or sent separately.  If sent separately, the cost 
of mailing is borne by the state rehabilitation agency or agencies 
requesting the mailing and, regardless of whether sent separately 
or as part of a regular mailing, the cost of preparing information 
about this chapter is borne by the state rehabilitation agency or 
agencies requesting distribution of this information.

Acts 1979, 66th Leg., p. 2428, ch. 842, art. 1, § 1, eff. Sept. 1, 
1979.  Amended by Acts 1997, 75th Leg., ch. 649, § 9, eff. Sept. 
1, 1997.


	§ 121.009. CONSTRUCTION OF CHAPTER.  The provisions of 
this chapter must be construed in a manner compatible with other 
state laws relating to persons with disabilities.

Acts 1979, 66th Leg., p. 2428, ch. 842, art. 1, § 1, eff. Sept. 1, 
1979.  Amended by Acts 1997, 75th Leg., ch. 649, § 10, eff. Sept. 
1, 1997.


	§ 121.010. TESTING ADULTS WITH DISABILITIES.  (a) A test 
that evaluates an adult with a disability for a job position in 
business, government, or industry, or a test to determine that 
person's educational level, must measure individual abilities and 
not specific disabilities.
	(b)  If an examiner knows that an adult examinee has a 
disability, the examiner may use an alternate form of testing.  The 
alternate form of testing may assess the aptitude of the examinee by 
using that person's primary learning mode.
	(c)  The examiner may use as an alternate form of testing any 
procedure or adaption that will help ensure the best performance 
possible by an adult with a disability, including oral or visual 
administration of the test, oral or manual response to the test, the 
use of readers, tape recorders, interpreters, large print, or 
braille text, the removal of time constraints, and multiple testing 
sessions.
	(d)  An examiner shall select and administer a test to an 
examinee who has a disability that impairs sensory, manual, or 
speaking skills so that the test accurately reflects the factor the 
test is intended to measure and does not reflect the examinee's 
impaired sensory, manual, or speaking skills.
	(e)  An examiner may not use a test that has a 
disproportionate, adverse effect on an adult with a disability or a 
class of adults with disabilities unless:
		(1)  the test has been validated as a predictor of 
success in the program or activity for which the adult with a 
disability is applying;  and
		(2)  alternate tests or alternative forms of testing 
that have a less disproportionate, adverse effect do not exist or 
are not available.

Added by Acts 1981, 67th Leg., p. 2482, ch. 645, § 1, eff. Aug. 
31, 1981.  Amended by Acts 1997, 75th Leg., ch. 649, § 11, eff. 
Sept. 1, 1997.


	§ 121.011. ACCESSIBILITY OF EXAMINATION OR COURSE OFFERED 
BY PRIVATE ENTITY.  (a) A private entity that offers an examination 
or a course related to applications, certification, credentialing, 
or licensing for secondary or postsecondary education, a 
profession, or a trade shall:
		(1)  offer the examination or course in a place and 
manner that is accessible to persons with disabilities or make 
alternative accessible arrangements for persons with disabilities;
		(2)  offer the examination or course to persons with 
disabilities:          
			(A)  as often as the entity offers the examination 
or course to persons without disabilities;
			(B)  at a location that is as convenient as the 
location at which the entity offers the examination or course to 
persons without disabilities;  and
			(C)  at a time that is as appropriate as the time 
when the entity offers the examination or course to persons without 
disabilities;  and
		(3)  make auxiliary test guides and other resources 
available in alternative formats.
	(b)  A private entity that offers an examination or a course 
described by Subsection (a) may require persons with disabilities 
to provide reasonable documentation of their disabilities and 
reasonable advance notice of any necessary modifications or aids.  
The deadline for advance notice may not be earlier than the 
application deadline for the examination or course.  The entity may 
not refuse a request for modifications or aids from a person with a 
disability on the grounds that the person, because of the person's 
disability, would not meet other requirements of the profession or 
occupation for which the course or examination is given.

Added by Acts 1997, 75th Leg., ch. 649, § 12, eff. Sept. 1, 1997.