§ 12.400. Definitions.  


Latest version.
  • Words and phrases used in this subtitle shall have their usual meanings, except as specifically defined in this section.

    (a)

    Person with a disability means an individual who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment.

    (b)

    Physical or mental impairment:

    (1)

    Physiological means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems:

    (i)

    Neurological;

    (ii)

    Musculoskeletal;

    (iii)

    Special sense organs;

    (iv)

    Respiratory, including speech organs;

    (v)

    Cardiovascular;

    (vi)

    Reproductive;

    (vii)

    Genitourinary;

    (viii)

    Hemic and lymphatic;

    (ix)

    Skin and endocrine;

    (x)

    Digestive; and

    (xi)

    Immune.

    (2)

    Mental or psychological means any mental or psychological disorder such as:

    (i)

    Cognitive and developmental disabilities;

    (ii)

    Organic brain syndrome;

    (iii)

    Emotional or mental illness; and

    (iv)

    Specific learning disability.

    Physical or mental impairment includes but is not limited to such diseases and conditions as orthopedic, visual speech and hearing impairments; cerebral palsy; epilepsy; muscular dystrophy; multiple sclerosis; cancer; H.I.V. (AIDS) infections; heart disease; diabetes; drug addiction; alcoholism.

    (c)

    Major life activities means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

    (d)

    Has a record of such impairment means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.

    (e)

    Is regarded as having an impairment:

    (1)

    Has a physical or mental impairment that does not substantially limit major life activities but is treated as if major life activities are limited:

    (2)

    Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward that impairment; or

    (3)

    Has none of the impairments defined in this section, but is treated as having such an impairment.

(C.B. 40, 1988; C.B. 56, 2007, § 1; C.B. 14, 2014, § 1)