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
Sec. 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, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1997, 75th Leg., ch. 649, Sec. 2,
eff. Sept. 1, 1997.
Sec. 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, Sec. 6.02(a), eff. Sept.
1, 1995.
Sec. 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, Sec. 6.02(a), eff. Sept.
1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.66,
eff. Sept. 1, 1997.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 3310, ch. 865,
Sec. 1, eff. Aug. 31, 1981; Acts 1985, 69th Leg., ch. 278, Sec.
1, eff. June 5, 1985; Acts 1995, 74th Leg., ch. 890, Sec. 1, eff.
Sept. 1, 1995; Acts 1997, 75th Leg., ch. 649, Sec. 3, eff. Sept.
1, 1997.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 3310, ch. 865,
Sec. 2, eff. Aug. 31, 1981; Acts 1983, 68th Leg., 1st C.S., p.
57, ch. 7, Sec. 10.03(c), eff. Sept. 23, 1983; Acts 1985, 69th
Leg., ch. 278, Sec. 2, eff. June 5, 1985; Acts 1989, 71st Leg.,
ch. 249, Sec. 1, eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch.
890, Sec. 2, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 649,
Sec. 4, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 261, Sec.
1, eff. May 22, 2001; Acts 2003, 78th Leg., ch. 710, Sec. 1, eff.
Sept. 1, 2003.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1995, 74th Leg., ch. 890, Sec. 3,
eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 649, Sec. 5, eff.
Sept. 1, 1997.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 3310, ch. 865,
Sec. 3, eff. Aug. 31, 1981; Acts 1985, 69th Leg., ch. 278, Sec.
3, eff. June 5, 1985; Acts 1997, 75th Leg., ch. 649, Sec. 6, eff.
Sept. 1, 1997.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 3311, ch. 865,
Sec. 4, eff. Aug. 31, 1981; Acts 1985, 69th Leg., ch. 278, Sec.
4, eff. June 5, 1985; Acts 1997, 75th Leg., ch. 649, Sec. 7, eff.
Sept. 1, 1997.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1997, 75th Leg., ch. 649, Sec. 9,
eff. Sept. 1, 1997.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1997, 75th Leg., ch. 649, Sec. 10,
eff. Sept. 1, 1997.
Sec. 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, Sec. 1, eff.
Aug. 31, 1981. Amended by Acts 1997, 75th Leg., ch. 649, Sec. 11,
eff. Sept. 1, 1997.
Sec. 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, Sec. 12, eff. Sept. 1,
1997.