Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 79.
LEGAL SERVICES
Subchapter Q. FORMAL APPEALS
The Texas Department of Human Services (DHS) proposes the repeal of §79.1606,
concerning proposals for decision, final decisions, and final orders; and §79.1607,
concerning motions for rehearing; proposes amendments to §79.1601, concerning
definitions; §79.1603, concerning venue; §79.1605; concerning request
for a hearing; and proposes new §79.1606, concerning notice of hearing, §79.1607,
concerning administrative law judge, §79.1608, concerning other procedures; §79.1609,
concerning proposals for decision, final decisions, and final orders; and §79.1610,
concerning motions for rehearing, in its Legal Services chapter. The purpose
of the repeals, amendments, and new sections is to organize and revise the
formal hearing rules that are used in appeals of adverse actions taken by
DHS and in hearings conducted under the contested case provisions of the Administrative
Procedures Act.
Jerry W. Friedman, executive deputy commissioner, has determined that for
the first five-year period the proposed sections will be in effect there will
be no fiscal implications for state or local governments as a result of enforcing
or administering the sections.
Mr. Friedman also has determined that for each year of the first five years
the sections are in effect the public benefit anticipated as a result of adoption
of the proposed rules will be that a person or entity against whom DHS is
taking an adverse action or who is party to a contested case hearing will
be able to consult a clear and concise set of rules to determine how to proceed
in appealing adverse actions and in contested case hearings. There will be
no effect on small or micro businesses as a result of enforcing or administering
the sections, because of the minimal changes in the rules. Most of the changes
are for clarification of existing rules; others reinstate rules formerly in
effect that were unnecessarily repealed upon the transfer of the hearings
function to the State Office of Administrative Hearings (SOAH). There is no
anticipated economic cost to persons who are required to comply with the proposed
sections.
Questions about the content of this proposal may be directed to Susan Nash
Fekety at (512) 438-4873 in DHS's Hearings Department. Written comments on
the proposal may be submitted to Supervisor, Rules and Handbooks Unit-072,
Texas Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030,
within 30 days of publication in the
Texas Register
.
Under §2007.003(b) of the Texas Government Code, the department has
determined that Chapter 2007 of the Government Code does not apply to these
rules. Accordingly, the department is not required to complete a takings impact
assessment regarding these rules.
40 TAC §§79.1601, 79.1603, 79.1605 - 79.1610
The amendments and new sections are proposed under the Human
Resources Code, Title 2, Chapters 22, 32 and 33, Health and Safety Code, Chapters
142, 242, 252, 247 and 253, which authorizes the department to administer
assistance programs and regulate certain providers of services.
The amendments and new sections implement the Human Resources Code, Title
2, Chapters 22, 32 and 33, Health and Safety Code, Chapters 142, 242, 252,
247 and 253.
§79.1601.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1)-(7)
(No change.)
(8)
File--To submit a document
with DHS's Hearings Department so that it is received and date-stamped.
(9)
[
(10)
[
(11)
[
(A)
is issued by a licensing authority;
(B)
is subject before expiration to suspension, revocation,
forfeiture, or termination by an issuing licensing authority; and
(C)
a person must obtain to:
(i)
operate a motor vehicle; or
(ii)
engage in a recreational activity, including hunting and
fishing, for which a license or permit is required.
(12)
[
(13)
[
(14)
[
(15)
[
(A)
Except as defined in subparagraph (B) of this paragraph,
a person is an individual, partnership, corporation, association, governmental
subdivision or agency, or a public or private organization of any character.
(B)
When used in conjunction with a hearing to deny, suspend,
or revoke a license as provided by §242.061 of the Texas Health and Safety
Code, an administrative penalty hearing as provided by §242.066 of the
Texas Health and Safety Code, or an exclusion hearing as provided by §242.0615
of the Texas Health and Safety Code, a person is the applicant; the partner,
officer, director, or managing employee of the applicant; the licensee; the
partner, officer, director, or managing employee of the licensee; the owner
or the one who controls the owner of the physical plant of a facility in which
an institution operates or is to operate; or a controlling person.
(16)
Petitioner--A person seeking
relief from an adverse action proposed or taken by DHS.
(17)
Respondent--The Texas Department
of Human Services.
(18)
Service--Service under this
section shall be in accordance with the rules for service in civil cases under
the Texas Rules of Civil Procedure.
(19)
SOAH--The State Office of
Administrative Hearings.
§79.1603.Venue.
(a)
General venue. Unless otherwise required by statute or
this section
and subject to the provisions of subsection (d) of this
section
, the hearing shall be conducted in Austin, Texas.
(b)
Special requirements for nurse aide appeals. In any appeal
involving a nurse aide, the hearing shall be conducted in a location as near
as possible to the place of residence of the nurse aide.
Venue may be
changed only with the consent of the nurse aide.
(c)
Special requirements for medication aide appeals. In any
appeal involving a medication aide for whom there has been a finding of an
alleged act of abuse, neglect, or misappropriation of resident property, the
hearing shall be conducted in a location as near as possible to the place
of residence of the medication aide.
Venue may be changed only with the
consent of the medication aide.
(d)
Change of venue. Either party
may file a motion to transfer venue. Venue may be changed upon consent of
the parties or upon a showing of good cause. Good cause includes, but is not
limited to:
(1)
that the cause accrued at a location closer
to a State Office of Administrative Hearings (SOAH) regional office than to
Austin;
(2)
that a majority of the witnesses reside more
than 100 miles from Austin, Texas; and
(3)
that judicial and party resources will be minimized
by a change of venue.
§79.1605.Request for a Hearing.
(a)
Time for filing. Unless otherwise provided by statute or
this section, a person must file a written request for a hearing with the
Texas Department of Human Services (DHS)
Hearings Department so that
the Hearings Department receives the written request within 15 days from the
date the person receives
DHS's
[
(b)
Form of request. The request must be in writing, in the
form of a petition or letter, and must state the basis of the appeal of the
adverse action. The person must include with the request a legible copy of
the letter or notice received from DHS
that
[
(c)
Referral to
SOAH
[
(d)-(e)
(No change.)
(f)
Special requirements for requesting nursing facility administrator
administrative penalty appeals. Within 20 days from the date the administrator
receives DHS's notice of assessment of an administrative penalty, the administrator
may file with the Hearings Department
:
[
(1)
a written acceptance of the
determination and the penalty recommended by DHS, or
(2)
a written request for a hearing
on
(A)
the occurrence of the violation, and/or
(B)
the amount of the penalty.
(g)
(No change.)
(h)
Special requirements for requesting administrative penalty
appeals pursuant to §242.066 of the Texas Health and Safety Code.
(1)
Not later than the 20th day after the date on which DHS's
notice of adverse action is sent, the person may give written consent to the
recommended penalty, submit a plan of correction if the violation is subject
to correction, or
file
[
(2)
If a plan of correction has been submitted and rejected,
then, not later than the 20th day after the date on which DHS's notice that
the plan of correction is rejected is sent, the person may give written consent
to the recommended penalty or
file
[
(i)
Special requirements for requesting administrative penalty
appeals pursuant to §252.066 of the Texas Health and Safety Code.
(1)
Not later than the 20th day after the date on which DHS's
notice of adverse action is received, the person notified may accept DHS's
determination, including the proposed penalty, or may
file
[
(2)
(No change.)
(j)
Special requirements for appeals of placement in the employee
misconduct registry.
(1)
Not later than the 30th day after the date on which DHS's
notice of adverse action is received, the person may accept DHS's determination
or
file
[
(2)
(No change.)
(k)
(No change.)
(l)
Representation of parties.
(1)
Respondent. DHS is represented by an attorney
appointed by the general counsel.
(2)
Petitioner. The petitioner may be represented
by any of the following persons:
(A)
the petitioner;
(B)
a licensed attorney, upon filing of a notice
of representation with the administrative law judge and service on all parties;
(C)
a non-attorney person designated in writing
by the petitioner to the administrative law judge; or
(D)
if the petitioner is a corporation, by an officer,
board member, or any other person designated by written resolution of the
board of directors of the corporation, filed with the administrative law judge
and served on all parties.
(3)
Attorney not required. A petitioner is not required
to have an attorney in order to appear and participate at a hearing. DHS will
not provide an attorney to represent a petitioner.
(4)
Change in representation. A party wishing to
change its representative files a written notice of substitution of representative
with the administrative law judge. An attorney wishing to withdraw from representing
a party must do so in accordance with the Texas Rules of Civil Procedure.
§79.1606.Notice of Hearing.
(a)
The Texas Department of Human Services (DHS) must give
the petitioner written notice of hearing in accordance with the provisions
of the Administrative Procedures Act. The notice of hearing must include:
(1)
the time, date, and location of the hearing;
(2)
a statement of the legal authority and jurisdiction under
which the hearing is to be held;
(3)
a reference to the particular sections of the statutes
and rules involved; and
(4)
a short, plain statement of the matters asserted by the
department.
(b)
Service of notice.
(1)
If a petitioner has a representative, service must be made
on the representative.
(2)
The notice of hearing must be served on the petitioner
or representative by personal service, by facsimile transmission, or by registered
or certified mail to the petitioner or representative's last known address
or facsimile number as shown by agency records. Service by mail must be complete
upon deposit of the document, enclosed in a postage-paid, properly addressed
wrapper, in a post office or official depository under the care and custody
of the United States Postal Service.
§79.1607.Administrative Law Judge.
(a)
An administrative law judge is an attorney appointed by
the director of the Texas Department of Human Services' (DHS's) Hearings Department,
or his designee, responsible for prehearing matters of a contested case before
the transfer to the State Office of Administrative Hearings (SOAH). These
matters include, but are not limited to, signing
(1)
settlement agreements,
(2)
dismissal orders, and
(3)
subpoenas.
(b)
The administrative law judge is the commissioner's designee
for purposes of
(1)
assessing administrative penalties,
(2)
issuing default, final, and other orders, and
(3)
ruling on any motions for rehearing.
§79.1608.Other Procedures.
(a)
Filing of documents. All documents relating to any pending
proceeding must be filed with the Texas Department of Human Services' (DHS's)
Hearings Department, with a copy served on each party. Documents are considered
filed with the DHS's Hearings Department only when received by the Hearings
Department. If a contested case has been transferred to the State Office of
Administrative Hearings (SOAH), the document also must be filed with SOAH.
(b)
Agreements to be in writing. Stipulations or agreements
between parties, their attorneys, or representatives can only be enforced
when they are written, signed by the parties or their authorized representatives,
and filed, or dictated into the record during the course of a hearing. This
section shall not be interpreted as limiting a party's ability to waive, modify,
or stipulate any right or privilege afforded by these sections, unless precluded
by law.
(c)
Discovery. Discovery may proceed under the Administrative
Procedures Act and the Texas Rules of Civil Procedure immediately upon the
filing of a request for a hearing.
(d)
Subpoenas. On the written request of any party, on a showing
of good cause, and on deposit of sums that will reasonably ensure payment
of the amounts estimated to accrue under this section, the administrative
law judge may issue a subpoena addressed to the sheriff or any constable to
require the attendance of witnesses and the production of books, records,
papers, or other objects as may be necessary and proper for the purposes of
the proceedings. The party requesting the subpoena is responsible for preparation
and service of the subpoena. If a party is not represented by an attorney,
the administrative law judge may prepare the subpoena. If a person fails to
comply with a subpoena, the requesting party may bring suit to enforce the
subpoena in a district court in the county in which the hearing is conducted.
(e)
Informal disposition of appeal. At any time before the
conclusion of a hearing, informal disposition of a case may be made in writing,
by
(1)
stipulation,
(2)
agreed settlement,
(3)
consent order,
(4)
default,
(5)
dismissal for want of prosecution,
(6)
withdrawal of the adverse action by the department, or
(7)
withdrawal of the request for a hearing by the petitioner.
(f)
Default Remedies.
(1)
Default is the failure of the petitioner to appear in person
or by legal representative on the day and at the time set for hearing in a
contested case, regardless of whether a written response has been filed.
(2)
In the event the petitioner is in default, DHS is entitled
to seek informal disposition by default from the commissioner or his designee.
The administrative law judge appointed by SOAH grants any motion by DHS to
seek informal disposition by the commissioner, or his designee, of the case
by default.
(3)
For purposes of this subchapter, "disposition by default"
means the issuance of an order against the petitioner in which the allegations
against the petitioner are deemed admitted as true, upon the offer of proof
that proper notice was provided to the petitioner. Proper notice means notice
sufficient to meet the provisions of the Government Code, §§2001.051,
2001.052, and 2001.054.
(4)
After informal disposition of a contested case by default,
a motion by the petitioner to set aside the default order and reopen the record
is granted if the petitioner establishes good cause for the failure to attend
the hearing. A motion to set aside the default order and reopen the record
is filed with DHS's Hearings Department before the time the order of the commissioner
becomes final. A motion to set aside the default order and reopen the record
is not a motion for rehearing, is not to be considered a substitute for a
motion for rehearing, and has no effect on either the statutory time periods
for filing a motion for rehearing, or for ruling on a motion for rehearing.
(g)
Dismissal for failure to prosecute remedies.
(1)
Failure to prosecute is the failure of the respondent to
appear in person or by legal representative on the day and at the time set
for hearing in a contested case, regardless of whether a written response
has been filed.
(2)
In the event the respondent fails to make an appearance,
the petitioner is entitled to seek dismissal for want of prosecution from
the commissioner or his designee. The administrative law judge appointed by
SOAH grants any motion by the petitioner to seek informal disposition by the
commissioner, or his designee, of the case by dismissal for want of prosecution.
(3)
After informal disposition of a contested case by dismissal
for want of prosecution, a motion by the respondent to set aside the dismissal
order and reopen the record is granted if the respondent establishes good
cause for the failure to attend the hearing. A motion to set aside the default
order and reopen the record is filed with DHS's Hearings Department before
the time the order of the commissioner becomes final. A motion to set aside
the default order and reopen the record is not a motion for rehearing, is
not to be considered a substitute for a motion for rehearing, and has no effect
on either the statutory time periods for the filing of a motion for rehearing
or for ruling on a motion for rehearing.
§79.1609.Proposals for Decision, Final Decisions, and Final Orders.
(a)
Proposal for decision. After conducting the hearing, the
State Office of Administrative Hearings (SOAH) issues a proposal for decision
to the Texas Department of Human Services (DHS) for all hearings except for
Summer Food Service Program appeals as set out in subsection (c) of this section.
(b)
Exceptions, briefs, and replies. Any exception regarding
the proposal for decision issued by SOAH must be filed with DHS's Hearings
Department and SOAH within 15 days of the issuance of the proposal for decision.
Replies and briefs must be filed with the Hearings Department and SOAH within
10 days of the filing of the exception. A copy is served on all parties to
the contested case.
(c)
Final decisions in Summer Food Service Program appeals.
After conducting a hearing on an appeal involving the Summer Food Service
Program, SOAH issues the final decision and final order in the case.
(d)
Review of proposal for decision. The commissioner or the
commissioner's designee may change a finding of fact or conclusion of law
made by SOAH, or may vacate or modify an order issued by SOAH, only if DHS
determines that
(1)
the SOAH administrative law judge did not properly apply
or interpret applicable law, agency rules, written policies, or prior administrative
decisions;
(2)
a prior administrative decision on which the SOAH administrative
law judge relied is incorrect or should be changed; or
(3)
a technical error in a finding of fact should be changed.
(e)
Reasons for change of SOAH proposal for decision or order.
The commissioner or the commissioner's designee states in writing the specific
reason and legal basis for a change made under this subsection.
(f)
Final orders. The commissioner or the commissioner's designee
issues a final order in each case in which SOAH has issued a proposal for
decision. The final order either adopts the findings of fact and conclusions
of law contained in the proposal for decision or makes changes in accordance
with subsection (d) of this section.
(g)
Manner of issuing final orders. Final orders are mailed
by certified mail, return receipt requested, to the parties or their representatives.
The parties or their representatives are presumed to have been notified of
the final order on the third day after the date on which the final order is
mailed. If a final order is returned unclaimed, the final order is re-mailed
by regular mail service. If a final order has been re-mailed after having
been returned unclaimed, a party is deemed to have been notified of the final
order on the third day after the date it was first mailed, if mailed to the
last known address of the addressee.
(h)
Special requirements for nurse aide appeals.
(1)
Time for issuing final order. In any action involving an
appeal by a nurse aide, the final order must be issued on or before the expiration
of 120 days from the date the nurse aide's request for hearing is received
by DHS.
(2)
Determinations of neglect. The administrative law judge
must not find that a nurse aide has neglected a resident if the nurse aide
demonstrates that the neglect was caused by factors beyond the control of
the nurse aide.
(i)
Special requirement for medication aide appeals. In any
action involving an appeal by a medication aide or an applicant for a medication
aide permit, the final order must be issued on or before the expiration of
120 days from the date the medication aide's or applicant's request for hearing
is received by DHS.
(j)
Special requirements for Child and Adult Care Food Program
appeals. In any appeal involving the federal Child and Adult Care Food Program,
the final order must be issued on or before the expiration of 120 days from
the date DHS received a request for hearing.
(k)
Special requirements for Summer Food Service Program appeals.
In any appeal involving the federal Summer Food Service Program, the final
order must be issued on or before the expiration of five days from the date
the hearing is closed.
(l)
Special requirements for nursing facility administrator
administrative penalty appeals. When a final order is issued in any appeal
involving an administrative penalty, a notice is provided to the administrator
of the administrator's right to judicial review of the final order.
(m)
Special requirements for motor vehicle and recreational
license appeals. The commissioner or the commissioner's designee deems the
allegations of the petition for suspension of license to be admitted and renders
an order suspending a license if the licensee fails to respond to the notice
of adverse action issued by DHS or request a hearing. The order must be delivered
promptly to the appropriate licensing authority.
§79.1610.Motions for Rehearing.
(a)
Filing. Either party may file a written motion for rehearing.
Any motion for rehearing must be filed with and received by the Texas Department
of Human Services' (DHS's) Hearings Department on or before the 20th day after
the date on which the parties were notified of the final order.
(b)
Reply. A written reply to a motion for rehearing must be
filed with and received by DHS's Hearings Department on or before the 30th
day after the date on which parties were notified of the final order.
(c)
Order on motion. An administrative law judge assigned by
the director of DHS's Hearings Department must rule on a motion for rehearing
no later than the 45th day after the date on which the final decision was
mailed or the motion for rehearing is overruled by operation of law.
(d)
Extension of deadlines. The administrative law judge assigned
by the director of DHS's Hearings Department may, by written order, extend
the time of filing a motion or reply or for ruling on the motion for a period
not to exceed the 90th day after the date on which the final order was mailed.
(e)
Shortening the time for filing. The parties may, in writing
or on the record, agree to a date other than that provided by this section
for filing a motion for rehearing if the specified date is not before the
date the order is signed or later than the 20th day after the date the order
is issued.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on July 12, 2001.
TRD-200104009
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: August 26, 2001
For further information, please call: (512) 438-3108
40 TAC §79.1606, §79.1607
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Department of Human Services or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under the Human Resources
Code, Title 2, Chapters 22, 32 and 33, Health and Safety Code, Chapters 142,
242, 252, 247 and 253, which authorizes the department to administer assistance
programs and regulate certain providers of services.
The repeals implement the Human Resources Code, Title 2, Chapters 22, 32
and 33, Health and Safety Code, Chapters 142, 242, 252, 247 and 253.
§79.1606.Proposals for Decision, Final Decisions, and Final Orders.
§79.1607.Motions for Rehearing.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on July 12, 2001.
TRD-200104010
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: August 26, 2001
For further information, please call: (512) 438-3108
Chapter 182.
SPECIALIZED TELECOMMUNICATIONS ASSISTANCE PROGRAM
Subchapter A. DEFINITIONS
40 TAC §182.1
The Texas Commission for the Deaf and Hard of Hearing proposes
amendment to §182.1. The amendment is proposed to eliminate the word
devices from the name of the program.
David W. Myers, Executive Director, has determined that for each year of
the first five years the amendment to this section is in effect there will
be no fiscal implications for state or local government as a result of enforcing
or administering the amendment.
Mr. Myers has also determined that for each year of the first five years
the amendment is in effect the public benefit anticipated as a result of this
amendment will be the establishment of consistency towards the name of the
program. There will be no effect on small businesses. There is no anticipated
economic hardship to persons required to comply with the amendment as proposed.
Comments on this proposed amendment may be submitted to Billy Collins,
Texas Commission for the Deaf and Hard of Hearing, P.O. Box 12904, Austin,
Texas 78711-2904.
The amendment is proposed under the Texas Administrative Code, §81.006(b)
(3), which provides the Texas Commission for the Deaf and Hard of Hearing
with the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this proposed amendment.
§182.1.Purpose.
The rules in this chapter shall be to set out the organization and
administration and other general procedures and practices governing the operation
of the specialized telecommunications [
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on July 13, 2001.
TRD-200104034
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Earliest possible date of adoption: August 26, 2001
For further information, please call: (512) 407-3250
40 TAC §182.3
The Texas Commission for the Deaf and Hard of Hearing proposes
amendment to §182.3. The amendment is proposed to remove or modify language
that is more in line with the changes made to the program by H.B. 2345.
David W. Myers, Executive Director, has determined that for each year of
the first five years the amendment to this section is in effect there will
be no fiscal implications for state or local government as a result of enforcing
or administering the amendment.
Mr. Myers has also determined that for each year of the first five years
the amendment is in effect the public benefit anticipated as a result of this
amendment will be that the program will be administered in accordance with
H.B. 2345. There will be no effect on small businesses. There is no anticipated
economic hardship to persons required to comply with the amendment as proposed.
Comments on this proposed amendment may be submitted to Billy Collins,
Texas Commission for the Deaf and Hard of Hearing, P.O. Box 12904, Austin,
Texas 78711-2904.
The amendment is proposed under the Texas Administrative Code, §81.006(b)
(3), which provides the Texas Commission for the Deaf and Hard of Hearing
with the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this proposed amendment.
§182.3.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Application--The form the commission uses to gather and
document information about an individual applying for assistance under this
program.
(2)
Financially Independent--When one or more otherwise
eligible individuals reside in the same household but are not dependent upon
one another for fiscal support.
[
(3)
Basic specialized telecommunications
equipment
[
(4)
Basic specialized telecommunications service--A service
or services determined to be necessary and essential to facilitate basic access
to the telephone
network
[
(5)
Person with a disability--A person who has a disability
which impairs the individual's ability to effectively access the telephone
network.
(6)
Legal guardian--A person appointed by a court of competent
jurisdiction to exercise the legal powers of another person.
(7)
Program--Specialized Telecommunications Assistance Program
(STAP).
(8)
PUC--Public Utility Commission of Texas.
(9)
Resident--An individual who resides within the state of
Texas with the intent to remain in Texas.
(10)
RTAC--Relay Texas Advisory Committee.
(11)
USF--Universal Service Fund.
(12)
Vendor--An entity or a person that is registered with
the PUC and can sell basic specialized telecommunication devices or services
as defined under this program.
(13)
Voucher--A document of record to be exchanged with a vendor
guaranteeing payment of up to but not exceeding the amount specific for the
basic specialized telecommunications devices or services listed on the face
of the voucher.
(14)
Congregate setting--A situation when
one or more otherwise eligible individuals reside in the same household.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on July 13, 2001.
TRD-200104036
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Earliest possible date of adoption: August 26, 2001
For further information, please call: (512) 407-3250
40 TAC §182.4
The Texas Commission for the Deaf and Hard of Hearing proposes
amendment to §182.4. The amendment is proposed to remove or modify language
that is more in line with the changes made to the program by H.B. 2345.
David W. Myers, Executive Director, has determined that for each year of
the first five years the amendment to this section is in effect there will
be no fiscal implications for state or local government as a result of enforcing
or administering the amendment.
Mr. Myers has also determined that for each year of the first five years
the amendment is in effect the public benefit anticipated as a result of this
amendment will be that the program will be administered in accordance with
H.B. 2345. There will be no effect on small businesses. There is no anticipated
economic hardship to persons required to comply with the amendment as proposed.
Comments on this proposed amendment may be submitted to Billy Collins,
Texas Commission for the Deaf and Hard of Hearing, P.O. Box 12904, Austin,
Texas 78711-2904.
The amendment is proposed under the Texas Administrative Code, §81.006(b)
(3), which provides the Texas Commission for the Deaf and Hard of Hearing
with the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this proposed amendment.
§182.4.Determination of Basic Equipment [
(a)
In determining basic
equipment
[
(1)
The device or service must be for the purpose of telephone
access [
(2)
The device or service must mainly apply to telephone access
functions and not to daily living functions unless a device or service for
daily living functions enables an individual to access the telephone network
and is less expensive than a device or service that mainly applies to telephone
access functions;
(3)
The device or service must serve to facilitate interactive
communication that is functionally equivalent to that afforded by a basic
telephone; and
(4)
The service must be less expensive than a basic specialized
telecommunications device approved for a voucher under this program and
able to meet
[
(b)
A list of available equipment or services will be maintained
by the Commission.
(c)
Additional equipment or services added to the list in subsection
(b) of this section after July 1, 2000 shall meet the criteria specified in
subsection (a) of this section.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on July 13, 2001.
TRD-200104035
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Earliest possible date of adoption: August 26, 2001
For further information, please call: (512) 407-3250
40 TAC §182.20
The Texas Commission for the Deaf and Hard of Hearing proposes
amendment to §182.20. The amendment is proposed to remove or modify language
that is more in line with the changes made to the program by H.B. 2345.
David W. Myers, Executive Director, has determined that for each year of
the first five years the amendment to this section is in effect there will
be no fiscal implications for state or local government as a result of enforcing
or administering the amendment.
Mr. Myers has also determined that for each year of the first five years
the amendment is in effect the public benefit anticipated as a result of this
amendment will be that the program will be administered in accordance with
H.B. 2345. There will be no effect on small businesses. There is no anticipated
economic hardship to persons required to comply with the amendment as proposed.
Comments on this proposed amendment may be submitted to Billy Collins,
Texas Commission for the Deaf and Hard of Hearing, P.O. Box 12904, Austin,
Texas 78711-2904.
The amendment is proposed under the Texas Administrative Code, §81.006(b)
(3), which provides the Texas Commission for the Deaf and Hard of Hearing
with the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this proposed amendment.
§182.20.Eligibility.
To be eligible for assistance from this program an individual must:
(1)
be a resident of Texas;
(2)
be person with a disability that interferes with the person's
ability to access the telephone network;
(3)
be in a situation where no other individual in household
has received a voucher for equipment unless individuals in the household are
financially independent of each other
[
(4)
not have received a voucher for any specialized telecommunications
devices or services before the
fifth
[
(5)
be able to benefit from the specialized telecommunications
device or service provided by the voucher.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on July 13, 2001.
TRD-200104037
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Earliest possible date of adoption: August 26, 2001
For further information, please call: (512) 407-3250
40 TAC §182.21
The Texas Commission for the Deaf and Hard of Hearing proposes
amendment to §182.21. The amendment is proposed to remove or modify language
that is more in line with the changes made to the program by H.B. 2345.
David W. Myers, Executive Director, has determined that for each year of
the first five years the amendment to this section is in effect there will
be no fiscal implications for state or local government as a result of enforcing
or administering the amendment.
Mr. Myers has also determined that for each year of the first five years
the amendment is in effect the public benefit anticipated as a result of this
amendment will be that the program will be administered in accordance with
H.B. 2345. There will be no effect on small businesses. There is no anticipated
economic hardship to persons required to comply with the amendment as proposed.
Comments on this proposed amendment may be submitted to Billy Collins,
Texas Commission for the Deaf and Hard of Hearing, P.O. Box 12904, Austin,
Texas 78711-2904.
The amendment is proposed under the Texas Administrative Code, §81.006(b)
(3), which provides the Texas Commission for the Deaf and Hard of Hearing
with the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this proposed amendment.
§182.21.Entities Authorized To Certify Disability.
(a)
An applicant must be certified as a person with a disability
which interferes with the person's ability to access the telephone network
by one of the following:
(1)
licensed hearing aid specialist;
(2)
licensed audiologist;
(3)
licensed physician or nurse;
(4)
appropriate state or federal agency representative;
(5)
state certified teacher of individuals who are deaf or
hard of hearing;
(6)
licensed speech pathologist;
(7)
state certified teacher of individuals who are visually
impaired;
(8)
state certified teacher of individuals who are speech impaired;
(9)
state certified special education teacher;
(10)
director of appropriate agency contracted service provider
or designated
representative (council);
(11)
director
or designated representative
of appropriate
independent living center [
(12)
social worker or case worker.
(b)
By certifying an application, a certifier is attesting
to:
(1)
being eligible to certify under the provisions of the law;
(2)
having assessed the applicant's disability to determine
that the applicant is eligible;
(3)
having reviewed the information on the application to ensure
that the form is completed properly and all requested information has been
provided; and
(4)
having determined that the applicant will be able to benefit
from the specialized telecommunications devices or services requested on the
application.
(c)
An application must be certified before the commission
can process and approve the application.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on July 13, 2001.
TRD-200104038
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Earliest possible date of adoption: August 26, 2001
For further information, please call: (512) 407-3250
40 TAC §182.25
The Texas Commission for the Deaf and Hard of Hearing proposes
amendment to §182.25. The amendment is proposed to remove or modify language
that is more in line with the changes made to the program by H.B. 2345.
David W. Myers, Executive Director, has determined that for each year of
the first five years the amendment to this section is in effect there will
be no fiscal implications for state or local government as a result of enforcing
or administering the amendment.
Mr. Myers has also determined that for each year of the first five years
the amendment is in effect the public benefit anticipated as a result of this
amendment will be that the program will be administered in accordance with
H.B. 2345. There will be no effect on small businesses. There is no anticipated
economic hardship to persons required to comply with the amendment as proposed.
Comments on this proposed amendment may be submitted to Billy Collins,
Texas Commission for the Deaf and Hard of Hearing, P.O. Box 12904, Austin,
Texas 78711-2904.
The amendment is proposed under the Texas Administrative Code, §81.006(b)
(3), which provides the Texas Commission for the Deaf and Hard of Hearing
with the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this proposed amendment.
§182.25.Redeeming a Voucher.
(a)
To redeem a voucher, the recipient of a voucher must exchange
the voucher with a vendor registered with the PUC under this program. The
voucher may be applied towards the cost of the specialized telecommunications
device or service specified on the voucher. The individual exchanging a voucher
is responsible for payment of the difference between the voucher's value and
the price of the device or service.
(b)
A vendor will not receive more than the full price of a
specialized telecommunications device or service if the recipient of a voucher
exchanges the voucher for a device or service that the vendor sells for less
than the voucher's value.
(c)
Equipment is tax exempt.
(d)
Shipping and handling are not included
in the voucher value.
(e)
Computers and any type of pagers are not
included in this program.
(f)
Internet access services, DSL service,
cellular service, cable service, ISDN service, paging services or any other
telephone or similar type services are not eligible for financial assistance
from this program.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on July 13, 2001.
TRD-200104039
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Earliest possible date of adoption: August 26, 2001
For further information, please call: (512) 407-3250
Subchapter A. DEFINITIONS AND BOARD OPERATIONS
40 TAC §183.9
The Texas Commission for the Deaf and Hard of Hearing proposes
amendment to §183.9. The amendment is proposed to redefine interpreter
and to define certified court interpreter and Communication Access Real-time
Transcription (CART).
David W. Myers, Executive Director, has determined that for each year of
the first five years the amendment to this section is in effect there will
be no fiscal implications for state or local government as a result of enforcing
or administering the amendment.
Mr. Myers has also determined that for each year of the first five years
the amendment is in effect the public benefit anticipated as a result of this
amendment will be a better understanding of interpreters and interpreters
and CART providers eligible to provide services in the courtroom. There will
be no effect on small businesses. There is no anticipated economic hardship
to persons required to comply with the amendment as proposed.
Comments on this proposed amendment may be submitted to Billy Collins,
Texas Commission for the Deaf and Hard of Hearing, P.O. Box 12904, Austin,
Texas 78711-2904.
The amendment is proposed under the Texas Administrative Code, §81.006(b)
(3), which provides the Texas Commission for the Deaf and Hard of Hearing
with the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this proposed amendment.
§183.9.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
ASL--American Sign Language.
(2)
BEI--Board for Evaluation of Interpreters. The certifying
board for the evaluation of interpreters under the Texas Commission for the
Deaf and Hard of Hearing.
(3)
Board--The Board for Evaluation of Interpreters.
(4)
Certification--The process of granting, denial, renewal,
revocation, suspension, annulment, withdrawal, or amendment of a certificate.
(5)
Court Interpreter -- An individual who,
on the basis of an interpreter skills evaluation, is determined to have a
particular skill level, or who has met requirements or qualifications for
a particular skill level and has been so certified to practice interpreting
in courts in the State of Texas by the board and commission, or other professional
interpreter certifying association.
(6)
[
(7)
[
(8)
[
(9)
[
(10)
[
(11)
Communication Access Real-time
Transcription (CART)-the process of transcribing the spoken words of an oral
proceeding to simultaneously project the words on a screen.
(12)
[
(13)
[
(14)
[
(15)
[
(16)
[
(17)
[
(18)
[
(19)
[
(20)
[
(21)
[
(22)
[
(23)
[
(24)
[
(25)
[
(26)
[
(27)
[
(28)
[
(29)
[
(30)
[
(31)
[
(32)
[
(33)
[
(34)
[
(35)
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on July 13, 2001.
TRD-200104040
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Earliest possible date of adoption: August 26, 2001
For further information, please call: (512) 407-3250
40 TAC §183.702
The Texas Commission for the Deaf and Hard of Hearing proposes
new §183.702. The new section is proposed to outline the requirements
to be grandfathered as certified court interpreter without testing.
David W. Myers, Executive Director, has determined that for each year of
the first five years the section is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
section.
Mr. Myers has also determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of this
new section will be a better understanding of the requirements necessary for
interpreters currently working in courts to be eligible to be grandfathered
without having to test. There will be no effect on small businesses. There
is no anticipated economic hardship to persons required to comply with the
section as proposed.
Comments on this proposed section may be submitted to Billy Collins, Texas
Commission for the Deaf and Hard of Hearing, P.O. Box 12904, Austin, Texas
78711-2904.
The new section is proposed under the Human Resources Code, §81.006(b)
(3), which provides the Texas Commission for the Deaf and Hard of Hearing
with the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this proposed new section.
§183.702.Grandfathering of current court interpreters.
Interpreters certified prior to September 1, 2001 at TCDHH level III,
III-I, IV, IV-I, V, V-I or their equivalent, as determined by the Commission
may, before January 1, 2002, submit an application and required fees to be
a certified court interpreter and must provide the Executive Director with
documentation verifying either a minimum of 20 hours of experience interpreting
in a courtroom setting; or 10 hours experience interpreting in a courtroom
setting and at least 10 hours of legal skills interpreter training.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on July 13, 2001.
TRD-200104041
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Earliest possible date of adoption: August 26, 2001
For further information, please call: (512) 407-3250
40 TAC §183.703
The Texas Commission for the Deaf and Hard of Hearing proposes
new §183.703. The new section is proposed to define the list Communication
Access Real-time Transcription (CART) providers and how it will be maintained.
David W. Myers, Executive Director, has determined that for each year of
the first five years the section is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
section.
Mr. Myers has also determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of this
new section will be improved information to access CART providers eligible
to provide services in the courtroom. There will be no effect on small businesses.
There is no anticipated economic hardship to persons required to comply with
the section as proposed.
Comments on this proposed section may be submitted to Billy Collins, Texas
Commission for the Deaf and Hard of Hearing, P.O. Box 12904, Austin, Texas
78711-2904.
The new section is proposed under the Human Resources Code, §81.006(b)(3),
which provides the Texas Commission for the Deaf and Hard of Hearing with
the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this proposed new section.
§183.703.List of CART Providers.
A list of individuals who are specialists in real-time captioning and
certified by the Court Reporters Certification Board will be maintained by
the Commission.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on July 13, 2001.
TRD-200104042
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Earliest possible date of adoption: August 26, 2001
For further information, please call: (512) 407-3250
Chapter 335.
GENERAL PROVISIONS
40 TAC §§335.1, 335.2, 335.4, 335.6, 335.7
The Commissioners of the Texas Commission on Human Rights
propose amended §335.1 concerning Definitions §335.2 concerning
Purpose, §335.4 concerning Authority, §335.6 concerning Availability,
and §335.7 concerning Scope. Amended §§335.1, 335.2, 335.4,
335.6, and 335.7 replace the reference to Texas Revised Civil Statutes Annotated
Article 1f with the citation to the Texas Property Code. Texas Revised Civil
Statutes Annotated Article 1f was codified into Chapter 301 of the Texas Property
Code in 1995 by the 74th Texas Legislature. It is necessary to provide the
current and correct reference within the rules.
Additionally, amended §§335.1, 335.2, 335.4, 335.6, and 335.7
replace reference to handicap, handicapped, and handicaps with the current
and correct reference to disability, disabled, and disabilities.
Katherine A. Antwi, Interim Executive Director, has determined that for
each year of the first five years the amended rule is in effect, there will
be no fiscal impact on state and local government as a result of the amended
rule.
Ms. Antwi has also determined that the public benefit will be clarity and
consistency within the rules. There will be neither an economic cost nor adverse
impact on small businesses as a result of the amended rule.
Comments on the proposed amendments must be submitted within 30 days after
the publication of the proposed amendments in the
Texas Register
to Katherine A. Antwi, Interim Executive Director, Mail
Code 344, Texas Commission on Human Rights, P.O. Box 13006, Austin, Texas,
78711 or by e-mail to katherine.antwi@mail.capnet.state.tx.us. Any requests
for a public hearing must be submitted separately to the Interim Executive
Director.
The amendments are proposed under the Texas Property Code, Chapter
301, Section 301.062, and 40 Texas Administrative Code Chapter 336, Section
336.1 and Chapter 335, Section 335.4. Under the Texas Property Code, Section
301.062, the Commission may adopt rules as necessary to implement the Texas
Fair Housing Act. The Texas Administrative Code Title 40, Sections 335.4 and
336.1, provide that the Commission may adopt rules and regulations to execute
the duties and functions of the Texas Commission on Human Rights.
No other code, article, or statute is affected by this action.
§335.1.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(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
[
(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)
Act--The Texas Fair Housing Act
, Texas Property Code,
Chapter 301
.
(4) - (7)
(No change.)
(8)
Charge--The statement of facts issued under the Act,
§301.088
[
(9) - (10)
(No change.)
(11)
Complainant--A person, including the commission, who files
a complaint under the Act,
§301.081
[
(12)
Complaint--A complaint filed with the commission under
§301.081
[
(13) - (17)
(No change.)
(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:
(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
(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);
(C)
any major life activities such as caring for one's self,
performing manual tasks, walking, seeing, hearing, speaking, breathing, learning,
and working;
(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;
(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)
[
(20)
[
(21)
[
(22)
[
(23)
[
(24)
[
(25)
[
(26)
[
(27)
[
(28)
[
(29)
[
(30)
[
[(30)
Handicap--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 handicap" or to "handicap" 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:]
[(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]
[(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);]
[(C)
any major life activities such as caring for one's self,
performing manual tasks, walking, seeing, hearing, speaking, breathing, learning,
and working;]
[(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;]
[(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.]
(31) - (46)
(No change.)
(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
[
(48)
(No change.)
(49)
Standards for accessibility and usability for physically
disabled
[
(50) - (51)
(No change.)
§335.2.Purpose.
These procedural and substantive rules are established by the commission
for executing its responsibilities in the administration and enforcement of
the Texas Fair Housing Act. Based on its experience in the administration
of the Act and upon its evaluation of suggestions for amendments submitted
by interested persons, the commission from time to time may amend and rescind
these rules in accordance with
the Administrative Procedure Act, Texas
Government Code, Chapter 2001
[
§335.4.Authority.
These rules are issued under the commission's authority to administer
and enforce the Texas Fair Housing Act pursuant to
Subchapter D
[
§335.6.Availability.
The rules of the commission shall be available to the public at all
offices of the commission and shall be on file with the offices of the attorney
general, speaker of the house, and lieutenant governor and as required by
the Administrative Procedure Act, Texas Government Code, Chapter 2001
[
§335.7.Scope.
It is the policy of Texas to provide, within constitutional limitations,
for fair housing throughout the state and to provide rights and remedies substantially
equivalent to those granted under federal law. No person shall be subject
to discriminatory housing practices because of race, color, religion, sex,
disability
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on July 16, 2001.
TRD-200104061
Katherine A. Antwi
Interim Executive Director
Texas Commission on Human Rights
Earliest possible date of adoption: August 26, 2001
For further information, please call: (512) 437-3458
40 TAC §336.1
The Commissioners of the Texas Commission on Human Rights
propose amended §336.1 concerning Powers of the Commission. Amended §336.1
replaces the reference to Texas Revised Civil Statutes Annotated Article 1f
with the citation to the Texas Property Code. Texas Revised Civil Statutes
Annotated Article 1f was codified into Chapter 301 of the Texas Property Code
in 1995 by the 74th Texas Legislature. It is necessary to provide the current
and correct reference within the rules.
Katherine A. Antwi, Interim Executive Director, has determined that for
each year of the first five years the amended rule is in effect, there will
be no fiscal impact on state and local government as a result of the amended
rule.
Ms. Antwi has also determined that the public benefit will be clarity and
consistency within the rules. There will be neither an economic cost nor adverse
impact on small businesses as a result of the amended rule.
Comments on the proposed amendments must be submitted within 30 days after
the publication of the proposed amendments in the
Texas Register
to Katherine A. Antwi, Interim Executive Director, Mail
Code 344, Texas Commission on Human Rights, P.O. Box 13006, Austin, Texas,
78711 or by e-mail to katherine.antwi@mail.capnet.state.tx.us. Any requests
for a public hearing must be submitted separately to the Interim Executive
Director.
The amendments are proposed under the Texas Property Code, Chapter
301, Section 301.062, and 40 Texas Administrative Code Chapter 336, Section
336.1 and Chapter 335, Section 335.4. Under the Texas Property Code, Section
301.062, the Commission may adopt rules as necessary to implement the Texas
Fair Housing Act. The Texas Administrative Code Title 40, Sections 335.4 and
336.1, provide that the Commission may adopt rules and regulations to execute
the duties and functions of the Texas Commission on Human Rights.
No other code, article, or statute is affected by this action.
§336.1.Powers of the Commission.
The commission may exercise those general powers as provided under
the Texas Fair Housing Act,
Subchapters D, E, and G
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on July 16, 2001.
TRD-200104062
Katherine A. Antwi
Interim Executive Director
Texas Commission on Human Rights
Earliest possible date of adoption: August 26, 2001
For further information, please call: (512) 437-3458
40 TAC §337.1, §337.2
The Commissioners of the Texas Commission on Human Rights
propose amended §337.1 concerning Referral Authority and §337.2
concerning Eligibility. Amended §§337.1 and 337.2 replace the reference
to Texas Revised Civil Statutes Annotated Article 1f with the citation to
the Texas Property Code. Texas Revised Civil Statutes Annotated Article 1f
was codified into Chapter 301 of the Texas Property Code in 1995 by the 74th
Texas Legislature. It is necessary to provide the current and correct reference
within the rules.
Katherine A. Antwi, Interim Executive Director, has determined that for
each year of the first five years the amended rule is in effect, there will
be no fiscal impact on state and local government as a result of the amended
rule.
Ms. Antwi has also determined that the public benefit will be clarity and
consistency within the rules. There will be neither an economic cost nor adverse
impact on small businesses as a result of the amended rule.
Comments on the proposed amendments must be submitted within 30 days after
the publication of the proposed amendments in the
Texas Register
to Katherine A. Antwi, Interim Executive Director, Mail
Code 344, Texas Commission on Human Rights, P.O. Box 13006, Austin, Texas,
78711 or by e-mail to katherine.antwi@mail.capnet.state.tx.us. Any requests
for a public hearing must be submitted separately to the Interim Executive
Director.
The amendments are proposed under the Texas Property Code, Chapter
301, Section 301.062, and 40 Texas Administrative Code Chapter 336, Section
336.1 and Chapter 335, Section 335.4. Under the Texas Property Code, Section
301.062, the Commission may adopt rules as necessary to implement the Texas
Fair Housing Act. The Texas Administrative Code Title 40, Sections 335.4 and
336.1, provide that the Commission may adopt rules and regulations to execute
the duties and functions of the Texas Commission on Human Rights.
No other code, article, or statute is affected by this action.
§337.1.Referral Authority.
Pursuant to the Texas Fair Housing Act,
§301.068
[
§337.2.Eligibility.
(a)
Pursuant to the Texas Fair Housing Act,
§301.068
[
(1) - (3)
(No change.)
(b)
To certify a local municipality for purposes of deferring
proceedings under the Act and referring complaints under this chapter and
the Act,
§301.068
[
(1) - (4)
(No change.)
(c)
(No change.)
(d)
If the commission does not certify the municipality in
accordance with this chapter and the Act,
§301.068
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on July 16, 2001.
TRD-200104063
Katherine A. Antwi
Interim Executive Director
Texas Commission on Human Rights
Earliest possible date of adoption: August 26, 2001
For further information, please call: (512) 437-3458
40 TAC §338.5
The Commissioners of the Texas Commission on Human Rights
propose amended §338.5 concerning Appraisals of Real Property. Amended §338.5
replaces reference to handicap, handicapped, and handicaps with the current
and correct reference to disability, disabled, and disabilities.
Katherine A. Antwi, Interim Executive Director, has determined that for
each year of the first five years the amended rule is in effect, there will
be no fiscal impact on state and local government as a result of the amended
rule.
Ms. Antwi has also determined that the public benefit will be clarity and
consistency within the rules. There will be neither an economic cost nor adverse
impact on small businesses as a result of the amended rule.
Comments on the proposed amendment must be submitted within 30 days after
the publication of the proposed amendments in the
Texas Register
to Katherine A. Antwi, Interim Executive Director, Mail
Code 344, Texas Commission on Human Rights, P.O. Box 13006, Austin, Texas,
78711 or by e-mail to katherine.antwi@mail.capnet.state.tx.us. Any requests
for a public hearing must be submitted separately to the Interim Executive
Director.
The amendments are proposed under the Texas Property Code, Chapter
301, Section 301.062, and 40 Texas Administrative Code Chapter 336, Section
336.1 and Chapter 335, Section 335.4. Under the Texas Property Code, Section
301.062, the Commission may adopt rules as necessary to implement the Texas
Fair Housing Act. The Texas Administrative Code Title 40, Sections 335.4 and
336.1, provide that the Commission may adopt rules and regulations to execute
the duties and functions of the Texas Commission on Human Rights.
No other code, article, or statute is affected by this action.
§338.5.Appraisals of Real Property.
The Texas Fair Housing Act does not prohibit a person engaged in the
business of furnishing appraisals of real property from taking into consideration
factors other than race, color, religion, sex,
disability
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on July 16, 2001.
TRD-200104064
Katherine A. Antwi
Interim Executive Director
Texas Commission on Human Rights
Earliest possible date of adoption: August 26, 2001
For further information, please call: (512) 437-3458
40 TAC §§339.1 - 339.18
The Commissioners of the Texas Commission on Human Rights
propose amended §339.1 concerning Real Estate Practices Prohibited, §339.2
concerning Unlawful Refusal to Sell or Rent or to Negotiate for the Sale or
Rental, §339.3 concerning Discrimination in Terms, Conditions, and Privileges
in Services and Facilities, §339.4 concerning Other Prohibited Sale and
Rental Conduct, §339.5 concerning Discriminatory Advertisements, Statements,
and Notices, §339.6 concerning Discriminatory Representations on the
Availability of Dwellings, §339.7 concerning Blockbusting, §339.8
Discrimination in the Provision of Brokerage Services, §339.9 concerning
Discriminatory Practices in Residential Real Estate-Related Transactions, §339.10
Discrimination in the making of Loans and in the Provision of Other Financial
Assistance, §339.11 concerning Discrimination in the Purchasing of Loans, §339.12
concerning Discrimination in the Terms and Conditions for Making Loans or
Other Financial Assistance, §339.13 concerning Unlawful Practices in
the Selling, Brokering, or Appraising of Residential Property, §339.14
concerning General Prohibitions Against Discrimination Because of Handicap, §339.15
concerning Reasonable Modifications of Existing Premises, §339.16 concerning
Reasonable Accommodations, §339.17 concerning Design and Construction
Requirements, and §339.18 concerning Prohibited Interference, Coercion,
Intimidation, or Retaliation.. Amended §§339.1 - 339.18 replace
the reference to Texas Revised Civil Statutes Annotated Article 1f with the
citation to the Texas Property Code. Texas Revised Civil Statutes Annotated
Article 1f was codified into Chapter 301 of the Texas Property Code in 1995
by the 74th Texas Legislature. It is necessary to provide the current and
correct reference within the rules.
Additionally, amended §§339.1 - 339.18, replace reference to
handicap, handicapped, and handicaps with the current and correct reference
to disability, disabled, and disabilities.
Katherine A. Antwi, Interim Executive Director has determined that for
each year of the first five years the amended rule is in effect, there will
be no fiscal impact on state and local government as a result of the amended
rule.
Ms. Antwi has also determined that the public benefit will be clarity and
consistency within the rules. There will be neither an economic cost nor adverse
impact on small businesses as a result of the amended rule.
Comments on the proposed amendment must be submitted within 30 days after
the publication of the proposed amendments in the Texas Register to Katherine
A. Antwi, Interim Executive Director, Mail Code 344, Texas Commission on Human
Rights, P.O. Box 13006, Austin, Texas, 78711 or by e-mail to katherine.antwi@mail.capnet.state.tx.us.
Any requests for a public hearing must be submitted separately to the Interim
Executive Director.
The amendments are proposed under the Texas Property Code, Chapter
301, §301.062, and 40 Texas Administrative Code Chapter 336, §336.1
and Chapter 335, §335.4. Under the Texas Property Code, §301.062,
the Commission may adopt rules as necessary to implement the Texas Fair Housing
Act. The Texas Administrative Code Title 40, §335.4 and §336.1,
provide that the Commission may adopt rules and regulations to execute the
duties and functions of the Texas Commission on Human Rights.
No other code, article, or statute is affected by this action.
§339.1.Real Estate Practices Prohibited.
In accordance with the commission's interpretation of discriminatory
housing practices it shall be unlawful for a person to:
(1)
refuse to sell or rent a dwelling after the making of a
bona fide offer, refuse to negotiate for the sale or rental of a dwelling,
or otherwise make unavailable or deny a dwelling to any person because of
race, color, religion, sex,
disability
[
(2)
make, print, or publish, or cause to be made, printed,
or published any notice, statement, or advertisement with respect to the sale
or rental of a dwelling that indicates any preference, limitation, or discrimination
based on race, color, religion, sex,
disability
[
(3)
represent to any person because of race, color, religion,
sex,
disability
[
(4)
induce or attempt to induce for profit a person to sell
or rent a dwelling by representations regarding the entry or prospective entry
into a neighborhood of a person of a particular race, color, religion, sex,
disability
[
(5)
discriminate against a person in making a real estate-related
transaction available or in the terms or conditions or a real estate-related
transaction because of race, color, religion, sex,
disability
[
(6)
deny any person access to, or membership or participation
in, a multi-listing service, real estate brokers' organization, or other service,
organization, or facility relating to the business of selling or renting dwellings,
or discriminate against a person in the terms or conditions of access, membership,
or participation in such an organization, or service, or facility because
of race, color, religion, sex,
disability
[
(7)
intimidate or interfere with or attempt to intimidate or
interfere with a person intentionally, whether or not acting under color of
law, by force, or threat of force:
(A)
because of the person's race, color, religion, sex,
disability
[
(B)
because the person is or has been, or to intimidate the
person from participating without discrimination because of race, color, religion,
sex,
disability
[
(C)
because a person has made a complaint, testified, assisted,
or participated in any manner in a proceeding under the Texas Fair Housing
Act.
§339.2.Unlawful Refusal to Sell or Rent or to Negotiate for the Sale or Rental.
(a)
It shall be unlawful for a person to refuse to sell or
rent a dwelling to a person who has made a bona fide offer, because of race,
color, religion, sex, familial status, or national origin, or to refuse to
negotiate with a person for the sale or rental of a dwelling because of race,
color, religion, sex, familial status, or national origin, or to discriminate
against any person in the sale or rental of a dwelling because of
disability
[
(b)
Prohibited actions under this section include, but are
not limited to:
(1)
failing to accept or consider a bona fide offer because
of race, color, religion, sex,
disability
[
(2)
refusing to sell or rent a dwelling to, or to negotiate
for the sale or rental of a dwelling with, any person because of race, color,
religion, sex,
disability
[
(3)
imposing different sales prices or rental charges for the
sale or rental of a dwelling upon any person because of race, color, religion,
sex,
disability
[
(4)
using different qualification criteria or applications,
or sale or rental standards or procedures, such as income standards, application
requirements, application fees, credit analysis, or sale or rental approval
procedures or other requirements, because of race, color, religion, sex,
disability
[
(5)
evicting tenants because of their race, color, religion,
sex,
disability
[
§339.3.Discrimination in Terms, Conditions, and Privileges and in Services and Facilities.
(a)
It shall be unlawful, because of race, color, religion,
sex,
disability
[
(b)
Prohibited actions under this section include, but are
not limited to:
(1)
using different provisions in leases or contracts of sale,
such as those relating to rental charges, security deposits, and the terms
of a lease and those relating to down payment and closing requirements, because
of race, color, religion, sex,
disability
[
(2)
failing or delaying maintenance or repairs of sale or rental
dwellings because of race, color, religion, sex,
disability
[
(3)
failing to process an offer for the sale or rental of a
dwelling or to communicate an offer accurately because of race, color, religion,
sex,
disability
[
(4)
limiting the use of privileges, services, or facilities
associated with a dwelling because of race, color, religion, sex,
disability
[
(5)
(No change.)
§339.4.Other Prohibited Sale and Rental Conduct.
(a)
It shall be unlawful, because of race, color, religion,
sex,
disability
[
(1)
discouraging any person from inspecting, purchasing, or
renting a dwelling because of race, color, religion, sex,
disability
[
(2)
discouraging the purchase or rental of a dwelling because
of race, color, religion, sex,
disability
[
(3)
communicating to any prospective purchaser that he or she
would not be comfortable or compatible with existing residents of a community,
neighborhood, or development because of race, color, religion, sex,
disability
[
(4)
assigning any person to a particular section of a community,
neighborhood, or development or to a particular floor of a building because
of race, color, religion, sex,
disability
[
(b)
It shall be unlawful because of race, color, religion,
sex,
disability
[
(1)
(No change.)
(2)
employing codes or other devices to segregate or reject
applicants, purchasers, or renters, refusing to take or to show listings of
dwellings in certain areas because of race, color, religion, sex,
disability
[
(3)
denying or delaying the processing of an application made
by a purchaser or renter or refusing to approve such a person for occupancy
in a cooperative or condominium dwelling because of race, color, religion,
sex,
disability
[
(4)
refusing to provide municipal services or property or hazard
insurance for dwelling or providing such services or insurance differently
because of race, color, religion, sex,
disability
[
§339.5.Discriminatory Advertisements, Statements, and Notices.
(a)
It shall be unlawful to make, print, or publish, or cause
to be made, printed, or published, any notice, statement, or advertisement
with respect to the sale or rental of a dwelling which indicates any preference,
limitation, or discrimination because of race, color, religion, sex,
disability
[
(b)
(No change.)
(c)
Discriminatory notices, statements, and advertisements
include, but are not limited to:
(1)
using words, phrases, photographs, illustrations, symbols,
or forms which convey that dwellings are available or not available to a particular
group of persons because of race, color, religion, sex,
disability
[
(2)
expressing to agents, brokers, employees, prospective sellers
or renters, or any other persons a preference for or limitation on any purchaser
or renter because of race, color, religion, sex,
disability
[
(3)
selecting media or locations for advertising the sale or
rental of dwellings which deny particular segments of the housing market information
about housing opportunities because of race, color, religion, sex,
disability
[
(4)
refusing to publish advertising for the sale or rental
of dwellings or requiring different charges or terms for such advertising
because of race, color, religion, sex,
disability
[
§339.6.Discriminatory Representations on the Availability of Dwellings.
(a)
It shall be unlawful, because of race, color, religion,
sex,
disability
[
(b)
Prohibited actions under this section include, but are
not limited to:
(1)
indicating through words or conduct that a dwelling which
is available for inspection, sale, or rental has been sold or rented, because
of race, color, religion, sex,
disability
[
(2)
representing that covenants or other deed, trust, or lease
provisions which purport to restrict the sale or rental of dwellings because
of race, color, religion, sex,
disability
[
(3)
enforcing covenants or other deed, trust, or lease provisions
which preclude the sale or rental of a dwelling to any person because of race
color, religion, sex,
disability
[
(4)
limiting information, by word or conduct, regarding suitably
priced dwellings available for inspection, sale, or rental, because of race,
color, religion, sex,
disability
[
(5)
providing false or inaccurate information regarding the
availability of a dwelling for sale or rental to any person, including testers,
regardless of whether such person is actually seeking housing, because of
race, color, religion, sex,
disability
[
§339.7.Blockbusting.
(a)
It shall be unlawful, for profit, to induce or attempt
to induce a person to sell or rent a dwelling by representations regarding
the entry or prospective entry into the neighborhood of a person or persons
of a particular race, color, religion, sex, familial status, or national origin
or with a
disability
[
(b)
In establishing a discriminatory housing practice under
this section it is not necessary that there was in fact profit as long as
profit was a factor for engaging in the blockbusting activity.
(c)
Prohibited actions under this section include, but are
not limited to:
(1)
engaging, for profit, in conduct (including uninvited solicitations
for listings) which conveys to a person that a neighborhood is undergoing
or is about to undergo a change in the race, color, religion, sex,
disability
[
(2)
encouraging, for profit, any person to sell or rent a dwelling
through assertions that the entry or prospective entry of persons of a particular
race, color, religion, sex, familial status, or national origin, or with
disabilities
[
§339.8.Discrimination in the Provision of Brokerage Services.
(a)
It shall be unlawful to deny any person access to or membership
or participation in any multiple listing service, real estate brokers' organization,
or other service, organization, or facility relating to the business of selling
or renting dwellings, or to discriminate against any person in the terms or
conditions of such access, membership, or participation, because of race,
color, religion, sex,
disability
[
(b)
Prohibited actions under this section include, but are
not limited to:
(1)
setting different fees for access to or membership in a
multiple listing service based on race, color, religion, sex,
disability
[
(2)
denying or limiting benefits accruing to members in a real
estate brokers' organization because of race, color, religion, sex,
disability
[
(3)
imposing different standards or criteria for membership
in a real estate sales or rental organization because of race, color, religion,
sex,
disability
[
(4)
establishing geographic boundaries or office location or
residence requirements for access to or membership or participation in any
multiple listing service, real estate brokers' organization, or other service,
organization, or facility relating to the business of selling or renting dwellings,
because of race, color, religion, sex,
disability
[
§339.9.Discriminatory Practices in Residential Real-Estate Transactions.
(a)
This section provides the commission's interpretation of
the conduct that is unlawful housing discrimination under the Texas Fair Housing
Act,
§301.026
[
(b)
It shall be unlawful for any person or other entity whose
business includes engaging in residential real estate-related transactions
to discriminate against any person in making available such a transaction,
or in the terms or conditions of such a transaction because of race, color,
religion, sex,
disability
[
§339.10.Discrimination in the Making of Loans and in the Provision of other Financial Assistance.
(a)
It shall be unlawful for any person or entity whose business
includes engaging in residential real estate-related transactions to discriminate
against any person in making available loans or other financial assistance
for a dwelling, or which is or is to be secured by a dwelling, because of
race, color, religion, sex,
disability
[
(b)
Prohibited practices under this section include, but are
not limited to, failing or refusing to provide to any person, in connection
with a residential real estate-related transaction, information regarding
the availability of loans or other financial assistance, application requirements,
procedures, or standards for the review and approval of loans or financial
assistance, or providing information which is inaccurate or different from
that provided others, because of race, color, religion, sex,
disability
[
§339.11.Discrimination in the Purchasing of Loans.
(a)
It shall be unlawful for any person or entity engaged in
the purchasing of loans or other debts or securities which support the purchase,
construction, improvement, repair, or maintenance of a dwelling, or which
are secured by residential real estate, to refuse to purchase such loans,
debts, or securities, or to impose different terms or conditions for such
purchases, because of race, color, religion, sex,
disability
[
(b)
Unlawful conduct under this section includes, but is not
limited to:
(1)
purchasing loans or other debts or securities which relate
to, or which are secured by, dwellings in certain communities or neighborhoods
but not in others because of the race, color, religion, sex,
disability
[
(2)
pooling or packaging loans or other debts or securities
which relate to, or which are secured by, dwellings differently because of
race, color, religion, sex,
disability
[
(3)
imposing or using different terms or conditions on the
marketing or sale of securities issued on the basis of loans or other debts
or securities which relate to, or which are secured by, dwellings because
of race, color, religion, sex,
disability
[
(c)
This section does not prevent consideration in the purchasing
of loans of factors justified by business necessity, including requirements
of state or federal law, relating to a transaction's financial security or
to protection against default or reduction of the value of the security. Thus,
this provision would not preclude considerations employed in normal and prudent
transactions, provided that no such factor may in any way relate to race,
color, religion, sex,
disability
[
§339.12.Discrimination in the Terms and Conditions for Making Available Loans or Other Financial Assistance.
(a)
It shall be unlawful for any person or entity engaged in
the making of loans or in the provision of other financial assistance relating
to the purchase, construction, improvement, repair, or maintenance of dwellings
or which are secured by residential real estate to impose different terms
or conditions for the availability of such loans or other financial assistance
because of race, color, religion, sex,
disability
[
(b)
Unlawful conduct under this section includes, but is not
limited to:
(1)
using different policies, practices, or procedures in evaluating
or in determining creditworthiness of any person in connection with the provision
of any loan or other financial assistance for a dwelling or for any loan or
other financial assistance which is secured by residential real estate because
of race, color, religion, sex,
disability
[
(2)
determining the type of loan or other financial assistance
to be provided with respect to a dwelling, or fixing the amount, interest
rate, duration, or other terms for a loan or other financial assistance for
a dwelling or which is secured by residential real estate, because of race,
color, religion, sex,
disability
[
§339.13.Unlawful Practices in the Selling, Brokering, or Appraising of Residential Real Property.
(a)
It shall be unlawful for any person or other entity whose
business includes engaging in the selling, brokering, or appraising of residential
real property to discriminate against any person in making available such
services, or in the performance of such services, because of race, color,
religion, sex,
disability
[
(b)
(No change.)
(c)
Nothing in this section prohibits a person engaged in the
business of making or furnishing appraisals of residential real property from
taking into consideration factors other than race, color, religion, sex,
disability
[
(d)
Practices which are unlawful under this section include,
but are not limited to: using an appraisal of residential real property in
connection with the sale, rental, or financing of any dwelling where the person
knows or reasonably should know that the appraisal improperly takes into consideration
race, color, religion, sex,
disability
[
§339.14.General Prohibitions Against Discrimination Because of Disability [
(a)
It shall be unlawful to discriminate in the sale or rental,
or to otherwise make unavailable or deny, a dwelling to any buyer or renter
because of a
disability
[
(1) - (3)
(No change.)
(b)
It shall be unlawful to discriminate against any person
in the terms, conditions, or privileges of the sale or rental of a dwelling,
or in the provision of services or facilities in connection with such dwelling,
because of a
disability
[
(1) - (3)
(No change.)
(c)
It shall be unlawful to make an inquiry to determine whether
an applicant for a dwelling, a person intending to reside in that dwelling
after it is so sold, rented, or made available, or any person associated with
that person, has a
disability
[
(1)
(No change.)
(2)
inquiry to determine whether an applicant is qualified
for a dwelling available only to persons with
disabilities
[
(3)
inquiry to determine whether an applicant for a dwelling
is qualified for a priority available to persons with
disabilities
[
(4) - (5)
(No change.)
§339.15.Reasonable Modifications of Existing Premises.
(a)
It shall be unlawful for any person to refuse to permit,
at the expense of a handicapped person, reasonable modifications of existing
premises, occupied or to be occupied by a
disabled
[
(b)
(No change.)
§339.16.Reasonable Accommodations.
It shall be unlawful for any person to refuse to make reasonable accommodations
in rules, policies, practices, or services, when such accommodations may be
necessary to afford a
disabled
[
§339.17.Design and Construction Requirements.
(a)
(No change.)
(b)
All covered multifamily dwellings for first occupancy after
March 13, 1991, with a building entrance on an accessible route shall be designed
and constructed in such a manner that:
(1)
(No change.)
(2)
all the doors designed to allow passage into and within
all premises are sufficiently wide to allow passage by
disabled
[
(3)
(No change.)
(c) - (d)
(No change.)
(e)
This section does not invalidate or limit any law of a
state or political subdivision of a state that requires dwellings to be designed
and constructed in a manner that affords
disabled
[
§339.18.Prohibited Interference, Coercion, Intimidation, or Retaliation.
(a) - (b)
(No change.)
(c)
Prohibited conduct made unlawful under this section includes,
but is not limited to:
(1)
coercing a person, either orally, in writing, or by other
means, to deny or limit the benefits provided that person in connection with
the sale or rental of a dwelling or in connection with a residential real
estate-related transaction because of race, color, religion, sex,
disability
[
(2)
threatening, intimidating, or interfering with persons
in their enjoyment of a dwelling because of race, color, religion, sex,
disability
[
(3)
threatening an employee or agent with dismissal or an adverse
employment action, or taking such adverse employment action, for any effort
to assist a person seeking access to the sale or rental of a dwelling or seeking
access to any residential real estate-related transaction, because of the
race, color, religion, sex,
disability
[
(4) - (5)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on July 16, 2001.
TRD-200104065
Katherine A. Antwi
Interim Executive Director
Texas Commission on Human Rights
Earliest possible date of adoption: August 26, 2001
For further information, please call: (512) 437-3458
40 TAC §§340.5, 340.8, 340.9, 340.11, 340.13, 340.15, 340.23 - 340.28
The Commissioners of the Texas Commission on Human Rights
propose amended §340.5 concerning Form and Content of a Complaint, §340.8
concerning Service of Notice on Aggrieved Person, §340.9 concerning Notification
of Respondent and Joinder of additional or Substitute Respondents, §340.11
concerning Investigations, §340.13 concerning Conduct of Investigation, §340.15
concerning Completion of Investigation, §340.23 concerning Review of
Compliance with Conciliation Agreements, §340.24 concerning Reasonable
Cause Determination, §340.25 concerning Issuance of Charge, §340.26
concerning Election of Civil Action or Provision of Administrative Hearing
Procedure, §340.27 concerning Administrative Penalties, and §340.28
concerning Effect of Commission Order. Amended §§340.5, 340.8, 340.9,
340.11, 340.13, 340.15, and 340.23 - 340.28 replace the reference to Texas
Revised Civil Statutes Annotated Article 1f with the citation to the Texas
Property Code. Texas Revised Civil Statutes Annotated Article 1f was codified
into Chapter 301 of the Texas Property Code in 1995 by the 74th Texas Legislature.
It is necessary to provide the current and correct reference within the rules.
Katherine A. Antwi, Interim Executive Director has determined that for
each year of the first five years the amended rules are in effect, there will
be no fiscal impact on state and local government as a result of the amended
rules.
Ms. Antwi has also determined that the public benefit will be clarity and
consistency within the rules. There will be neither an economic cost nor adverse
impact on small businesses as a result of the amended rules.
Comments on the proposed amendments must be submitted within 30 days after
the publication of the proposed amendments in the Texas Register to Katherine
A. Antwi, Interim Executive Director, Mail Code 344, Texas Commission on Human
Rights, P.O. Box 13006, Austin, Texas, 78711 or by e-mail to katherine.antwi@mail.capnet.state.tx.us.
Any requests for a public hearing must be submitted separately to the Interim
Executive Director.
The amendments are proposed under the Texas Property Code, Chapter
301, §301.062, and 40 Texas Administrative Code Chapter 336, §336.1
and Chapter 335, §335.4. Under the Texas Property Code, §301.062,
the Commission may adopt rules as necessary to implement the Texas Fair Housing
Act. The Texas Administrative Code Title 40, §335.4 and §336.1,
provide that the Commission may adopt rules and regulations to execute the
duties and functions of the Texas Commission on Human Rights.
No other code, article, or statute is affected by this action.
§340.5.Form and Content of a Complaint.
(a) - (b)
(No change.)
(c)
Each complaint shall include, but not be limited to, the
following information:
(1) - (3)
(No change.)
(4)
the basis for the alleged discriminatory housing practices
which may include any of the following: race, color, religion, sex, familial
status, national origin,
disability
[
(5)
(No change.)
§340.8.Service of Notice on Aggrieved Person.
Upon the filing of a complaint, the executive director or his or her
designee will notify, by certified mail or personal service, each aggrieved
person on whose behalf the complaint was filed. The notice will:
(1) - (3)
(No change)
(4)
advise the aggrieved person of his or her right to commence
a civil action under the Act,
Subchapter H
[
(5)
(No change.)
§340.9.Notification of Respondent and Joinder of Additional or Substitute Respondents.
(a)
Within 20 days of the filing of a complaint or the filing
of an amended complaint under this chapter, the executive director or his
or her designee will serve a notice on each respondent by certified mail or
by personal service. A person who is not named as a respondent in a complaint,
but who is identified in the course of the investigation under the Texas Fair
Housing Act,
Subchapter E
[
(b)
The notice will include, but not be limited to, the following:
(1) - (3)
(No change.)
(4)
the notice will advise the respondent of the aggrieved
person's right to commence a civil action under the Act,
Subchapter H
[
(5) - (8)
(No change.)
§340.11.Investigations.
(a)
Upon the filing of a complaint under this chapter, the
executive director will initiate an investigation. The purposes of an investigation
are:
(1) - (2)
(No change.)
(3)
to develop factual data necessary for the executive director
on behalf of the commission to make a determination under this chapter and
the Texas Fair Housing Act,
Subchapter E
[
(b)
To initiate an investigation of housing practices by the
executive director on behalf of the commission to determine whether a complaint
should be filed under this chapter and the Act,
Subchapter E
[
§340.13.Conduct of Investigation.
(a)
(No change.)
(b)
The executive director and the respondent may conduct discovery
in aid of the investigation by the same methods and to the same extent that
parties may conduct discovery in an administrative proceeding under the Texas
Fair Housing Act,
Subchapter E
[
§340.15.Completion of Investigation.
(a)
The investigation will remain open until a reasonable cause
determination is made, a conciliation agreement is executed and approved,
or a no reasonable cause determination is made under this chapter and the
Texas Fair Housing Act,
Subchapter E
[
(b) - (c)
(No change.)
§340.23.Review of Compliance with Conciliation Agreements.
The executive director may, from time to time, review compliance with
the terms of any conciliation agreement. Whenever the executive director has
reasonable cause to believe that a respondent has breached a conciliation
agreement, the executive director shall refer the matter to the attorney general
with a recommendation for the filing of a civil action under the Texas Fair
Housing Act,
Subchapter G
[
§340.24.Reasonable Cause Determination.
(a)
If a conciliation agreement under this chapter and the
Texas Fair Housing Act,
Subchapter E
[
(b)
If the executive director determines that reasonable cause
exists, the executive director will immediately issue a charge under the Act,
Subchapter E
[
(c)
(No change.)
(d)
If the executive director determines that the matter involves
the legality of local zoning or land use laws or ordinances, the executive
director, in lieu of making a determination regarding reasonable cause, shall
refer the investigative materials to the attorney general for appropriate
action under the Act,
Subchapter G
[
(e)
The executive director may not issue a charge under this
chapter and the Act,
Subchapter E
[
(f) - (g)
(No change.)
§340.25.Issuance of Charge.
(a)
A charge:
(1) - (2)
(No change.)
(3)
need not be limited to facts or grounds that are alleged
in the complaint filed under this chapter and the Texas Fair Housing Act,
Subchapter E
[
(b)
Not later than the 20th day after the executive director
on behalf of the commission issues a charge, the executive director shall
send a copy of the charge with information concerning the election of judicial
determination under this chapter and the Act,
Subchapter E
[
§340.26.Election of Civil Action or Provision of Administrative Hearing Procedure.
(a)
If a charge is issued under this chapter and the Texas
Fair Housing Act,
Subchapter E
[
(b)
The election must be made not later than the 20th day after
the receipt of service of the charge, or in the case of the executive director
not later than the 20th day after the charge is issued. The person making
the election shall give notice to the commission and all other complainants
and respondents to whom the charge relates. The notification will be filed
and served in accordance with the procedures established under the
Texas
Procedure Act, Texas Government Code, Chapter 2001
[
(c)
If a timely election is not made in accordance with this
section and the Act,
Subchapter E
[
(d)
(No change.)
(e)
Except as provided by subsection (d) of this section, the
Texas Procedure Act, Texas Government Code, Chapter 2001
[
(f)
If a timely election is made under the Act,
Subchapter
E
[
(g)
If the court finds that a discriminatory housing practice
has occurred or is about to occur, the court may grant as relief any relief
that a court may grant in a civil action under this Act,
Subchapter H
[
(h) - (i)
(No change.)
§340.27.Administrative Penalties.
(a)
If the commission determines at an administrative hearing
under the Texas Fair Housing Act,
Subchapter H
[
(b) - (d)
(No change.)
§340.28.Effect of Commission Order.
A commission order under the Texas Fair Housing Act,
Subchapter
H
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on July 16, 2001.
TRD-200104066
Katherine A. Antwi
Interim Executive Director
Texas Commission on Human Rights
Earliest possible date of adoption: August 26, 2001
For further information, please call: (512) 437-3458
40 TAC §§343.1, 343.3, 343.4
The Commissioners of the Texas Commission on Human Rights
propose amended §343.1 concerning Civil Action, §343.3 concerning
Relief Granted, and §343.4 concerning Effect of Relief Granted. Amended §§343.1,
343.3, and 343.4 replace the reference to Texas Revised Civil Statutes Annotated
Article 1f with the citation to the Texas Property Code. Texas Revised Civil
Statutes Annotated Article 1f was codified into Chapter 301 of the Texas Property
Code in 1995 by the 74th Texas Legislature. It is necessary to provide the
current and correct reference within the rules.
Katherine A. Antwi, Interim Executive Director has determined that for
each year of the first five years the amended rule is in effect, there will
be no fiscal impact on state and local government as a result of the amended
rules.
Ms. Antwi has also determined that the public benefit will be clarity and
consistency within the rules. There will be neither an economic cost nor adverse
impact on small businesses as a result of the amended rules.
Comments on the proposed amendments must be submitted within 30 days after
the publication of the proposed amendments in the Texas Register to Katherine
A. Antwi, Interim Executive Director, Mail Code 344, Texas Commission on Human
Rights, P.O. Box 13006, Austin, Texas, 78711 or by e-mail to katherine.antwi@mail.capnet.state.tx.us.
Any requests for a public hearing must be submitted separately to the Interim
Executive Director.
The amendments are proposed under the Texas Property Code, Chapter
301, §301.062, and 40 Texas Administrative Code Chapter 336, §336.1
and Chapter 335, §335.4. Under the Texas Property Code, §301.062,
the Commission may adopt rules as necessary to implement the Texas Fair Housing
Act. The Texas Administrative Code Title 40, §335.4 and §336.1,
provide that the Commission may adopt rules and regulations to execute the
duties and functions of the Texas Commission on Human Rights.
No other code, article, or statute is affected by this action.
§343.1.Civil Action.
(a)
An aggrieved person may file a civil action in district
court not later than the second year after the occurrence of the termination
of an alleged discriminatory housing practice, or the breach of a conciliation
agreement entered into under the Texas Fair Housing Act (the Act),
Subchapter
E
[
(b)
The two-year period does not include any time during which
an administrative hearing under the Act,
Subchapter E
[
(c)
An aggrieved person may file an action under this chapter
and the Act,
Subchapter H
[
(d)
If the commission has obtained a conciliation agreement
with the consent of an aggrieved person, the aggrieved person may not file
an action under the Act,
Subchapter H
[
(e)
An aggrieved person may not file an action under the Act,
Subchapter E
[
§343.3.Relief Granted.
In an action under the Texas Fair Housing Act (the Act),
§301.153
[
(1) - (4)
(No change.)
§343.4.Effect of Relief Granted.
Relief granted under the Texas Fair Housing Act (the Act),
§301.154
[
(1)
(No change.)
(2)
involved a bona fide purchaser, encumbrancer, or tenant
who did not have actual notice of the filing of a complaint under the Act,
Subchapter E
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on July 16, 2001.
TRD-200104067
Katherine A. Antwi
Interim Executive Director
Texas Commission on Human Rights
Earliest possible date of adoption: August 26, 2001
For further information, please call: (512) 437-3458
40 TAC §344.2, §344.3
The Commissioners of the Texas Commission on Human Rights
propose amended §§344.2 concerning Order in Preceding Five Years,
and 344.3 concerning Criminal Penalties Amended §§344.2, and 344.3
replace the reference to Texas Revised Civil Statutes Annotated Article 1f
with the citation to the Texas Property Code. Texas Revised Civil Statutes
Annotated Article 1f was codified into Chapter 301 of the Texas Property Code
in 1995 by the 74th Texas Legislature. It is necessary to provide the current
and correct reference within the rules.
Katherine A. Antwi, Interim Executive Director, has determined that for
each year of the first five years the amended rules are in effect, there will
be no fiscal impact on state and local government as a result of the amended
rule.
Ms. Antwi has also determined that the public benefit will be clarity and
consistency within the rules. There will be neither an economic cost nor adverse
impact on small businesses as a result of the amended rules.
Comments on the proposed amendments must be submitted within 30 days after
the publication of the proposed amendments in the
Texas Register
to Katherine A. Antwi, Interim Executive Director, Mail
Code 344, Texas Commission on Human Rights, P.O. Box 13006, Austin, Texas,
78711 or by e-mail to katherine.antwi@mail.capnet.state.tx.us. Any requests
for a public hearing must be submitted separately to the Interim Executive
Director.
The amendments are proposed under the Texas Property Code, Chapter
301, Section 301.062, and 40 Texas Administrative Code Chapter 336, Section
336.1 and Chapter 335, Section 335.4. Under the Texas Property Code, Section
301.062, the Commission may adopt rules as necessary to implement the Texas
Fair Housing Act. The Texas Administrative Code Title 40, Sections 335.4 and
336.1, provide that the Commission may adopt rules and regulations to execute
the duties and functions of the Texas Commission on Human Rights.
No other code, article, or statute is affected by this action.
§344.2.Order in Preceeding Five Years
If the commission issues an order against a respondent against whom
another order was issued within the preceding five years under the Texas Fair
Housing Act,
Subchapter E
[
§344.3.Criminal Penalties.
(a)
The commission shall refer an offense under the Texas Fair
Housing Act (the Act),
Subchapter I
[
(b)
The commission shall treat any offense under the Act,
Subchapter I
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on July 16, 2001.
TRD-200104068
Katherine A. Antwi
Interim Executive Director
Texas Commission on Human Rights
Earliest possible date of adoption: August 26, 2001
For further information, please call: (512) 437-3458
40 TAC §345.1
The Commissioners of the Texas Commission on Human Rights
propose amended §345.1 concerning Prevailing Party. Amended §345.1
replaces the reference to Texas Revised Civil Statutes Annotated Article 1f
with the citation to the Texas Property Code. Texas Revised Civil Statutes
Annotated Article 1f was codified into Chapter 301 of the Texas Property Code
in 1995 by the 74th Texas Legislature. It is necessary to provide the current
and correct reference within the rules.
Katherine A. Antwi, Interim Executive Director, has determined that for
each year of the first five years the amended rule is in effect, there will
be no fiscal impact on state and local government as a result of the amended
rule.
Ms. Antwi has also determined that the public benefit will be clarity and
consistency within the rules. There will be neither an economic cost nor adverse
impact on small businesses as a result of the amended rule.
Comments on the proposed amendment must be submitted within 30 days after
the publication of the proposed amendments in the
Texas Register
to Katherine A. Antwi, Interim Executive Director, Mail
Code 344, Texas Commission on Human Rights, P.O. Box 13006, Austin, Texas,
78711 or by e-mail to katherine.antwi@mail.capnet.state.tx.us. Any requests
for a public hearing must be submitted separately to the Interim Executive
Director.
The amendment is proposed under the Texas Property Code, Chapter
301, Section 301.062, and 40 Texas Administrative Code Chapter 336, Section
336.1 and Chapter 335, Section 335.4. Under the Texas Property Code, Section
301.062, the Commission may adopt rules as necessary to implement the Texas
Fair Housing Act. The Texas Administrative Code Title 40, Sections 335.4 and
336.1, provide that the Commission may adopt rules and regulations to execute
the duties and functions of the Texas Commission on Human Rights.
No other code, article, or statute is affected by this action.
§345.1.Prevailing Party.
A court in a civil action brought under the Texas Fair Housing Act
(the Act) or the commission in an administrative hearing under the Act,
Subchapter E
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on July 16, 2001.
TRD-200104069
Katherine A. Antwi
Interim Executive Director
Texas Commission on Human Rights
Earliest possible date of adoption: August 26, 2001
For further information, please call: (512) 437-3458
(8)
] Hearings Department--The Hearings
Department of
DHS
[
the Texas Department of Human Services
].
(9)
] Institution--An establishment
that furnishes, in one or more facilities, food and shelter to four or more
persons who are unrelated to the proprietor of the establishment, and provides
minor treatment under the direction and supervision of a physician licensed
by the Texas State Board of Medical Examiners, or other services that meet
some need beyond the basic provision of food, shelter, and laundry.
(10)
] License--When used in conjunction
with a hearing to suspend a license to operate a motor vehicle or a license
to engage in recreational activity, this term shall mean a license, certificate,
registration, permit, or other authorization that:
(11)
] Licensee--When used in conjunction
with a hearing to suspend a license to operate a motor vehicle or a license
to engage in recreational activity, this term shall mean the person whose
license DHS seeks to suspend.
(12)
] Licensing authority--When
used in conjunction with a hearing to suspend a license to operate a motor
vehicle or a license to engage in recreational activity, this term shall mean
the Texas Department of Public Safety or the Texas Parks and Wildlife Department.
(13)
] Order suspending a license--When
used in conjunction with a hearing to suspend a license to operate a motor
vehicle or a license to engage in recreational activity, this term shall mean
an order issued by DHS directing a licensing authority to suspend a license.
(14)
] Person--The following terms
apply to the definition of a person:
the Texas Department of Human
Services' (DHS's)
] notice of adverse action.
If a request for a
hearing is not filed in accordance with the provisions of this section, unless
otherwise provided by statute, the person will be deemed to have consented
to DHS's action, and the request for a hearing will be denied.
which
]
specified the proposed adverse action. The request for a hearing is not complete
without a copy of the adverse action notice
or letter.
[
, and
the
]
The
Hearings Department will not forward a request for
appeal to the State Office of Administrative Hearings
(SOAH)
unless
it is accompanied by a copy of DHS's adverse action notice
or letter.
If a request for a hearing is not completed within 15 days of the initial
request, unless otherwise provided by statute, the person will be deemed to
have consented to the department's action, and the request for a hearing will
be denied.
State Office of Administrative
Hearings
]. Upon receipt of a request
to set
[
for
]
a hearing
filed in accordance with the requirements of this section
,
the director of the Hearings Department will transfer the appeal to
SOAH
[
the State Office of Administrative Hearings
]
within a reasonable time
for disposition according to 1 Texas Administrative
Code Part VII.
Transferring a case to SOAH for hearing does not waive
the department's right to assert any defenses, including, but not limited
to, jurisdiction or mandatory statutory requirements.
a written acceptance
of the determination and the penalty recommended by DHS or a written request
for a hearing on the occurrence of the violation, the amount of the penalty,
or both.
]
make
] a written request for
a hearing.
make
] a written
request for a hearing.
make
] a written request for a hearing on the determination.
make
] a written request for a hearing on the
determination.
Part 6.
TEXAS COMMISSION FOR THE DEAF AND HARD OF HEARING
devices
] assistance program.
Access to a telephone line--Ability
to use, on a regular basis, a telephone line and number at place of residence
or place of business for receiving or placing telephone calls.
]
devices
]--A device or devices determined to be necessary and essential
to facilitate basic access to the telephone system by a person with a disability.
system
] by a person with
a disability and which is less expensive than a specialized telecommunications
device that is an option under this program and
able to meet
[
meeting
] the same need.
Device ] or Service.
devices
] or services available for voucher exchange, the following criteria
shall be applied:
in the home or business
];
meeting
] the same need.
Subchapter B. PROGRAM ELIGIBILITY
have access to a telephone
line in the individual's home or place of business for which no other person
has received a voucher under this program
];
seventh
] anniversary
of the date the individual exchanged the previously issued voucher under this
program, unless before that date, the recipient develops a need for a different
type of telecommunications device or service under this program because the
recipient's disability status changes; and
representative
]; or
Chapter 183.
BOARD FOR EVALUATION OF INTERPRETERS AND INTERPRETER CERTIFICATION
(5)
]CDI-Certified Deaf Interpreter
Certificate issued by RID indicating intermediary/relay interpreter skills.
(6)
] CI--Certificate of Interpretation
issued by RID certifying the ability to interpret between American Sign Language
and spoken English in both sign-to-voice and voice-to-sign.
(7)
] CT--Certificate of Transliteration
issued by RID certifying the ability to transliterate between signed English
and spoken English in both sign-to-voice and voice-to-sign.
(8)
] CI/CT--Certification issued
by RID certifying the comprehensive ability to manually and orally interpret
and transliterate.
(9)
] CSC--Comprehensive Skills
Certificate issued by RID certifying the ability to interpret and transliterate
between ASL and Spoken English. This certificate is no longer issued but is
still recognized.
(10)
] Evaluation--The process by
which the written and performance tests are administered to interpreter certification
candidates to assess their knowledge and skill levels.
(11)
] IC--Interpretation Certificate
issued by RID certifying the ability to interpret between ASL and spoken English.
This certificate is no longer issued but is still recognized.
(12)
] Intermediary/relay interpreter--A
certified interpreter who is deaf or hard of hearing who facilitates communication
both linguistically and culturally between a deaf consumer and interpreter.
(13)
] Interpret/Interpretation--Process
of conveying a message either from spoken language to ASL or from ASL to spoken
language.
(14)
] Interpreter--
An individual
who, on the basis of an interpreter skills evaluation, is determined to have
a particular skill level, or who has met requirements or qualifications for
a particular skill level and has been so certified to practice interpreting
in the State of Texas by the board and commission, or other professional interpreter
certifying association.
[
A person who performs interpretation services
for the public.
]
(15)
] MCSC-Master Comprehensive
Skills Certificate issued by RID certifying that an interpreter/transliterator
had a CSC for at least four years and met the standards of a higher level
of competence. This certificate is no longer issued but is still recognized.
(16)
] MSS Certificate--Morphemic
Sign System certificate issued by the commission certifying the ability to
convey a message from spoken English into morphemic signs for English and
from morphemic signs for English into spoken English.
(17)
] Oral certification--The oral
certificate issued by the commission certifying proficiency in oral transliterating.
This certificate is no longer issued but is still recognized.
(18)
] OC:B--Oral Certification:Basic.
The spoken-to-visible and visible-to-spoken certificate issued by the commission.
(19)
] OC:C--Oral Certification:Comprehensive.
The spoken-to-visible and visible-to-spoken certificate issued by the commission.
(20)
] OC:S/V-The oral certification:
spoken to visible issued by RID.
(21)
] OC:V--Oral Certification:Visible.
The visible-to-spoken certificate issued by the commission.
(22)
] OC:V/S-The oral certification:visible
to spoken issued by RID.
(23)
] OIC:C--The oral certification:comprehensive
issued by RID.
(24)
] Person who is deaf--A natural
person who has a hearing impairment, regardless of whether the person also
has a speech impairment that inhibits the person's comprehension of communication
with others.
(25)
] RID--The Registry of Interpreters
for the Deaf, a national certifying body.
(26)
] RSC-Reverse Skills Certificate
issued by RID certifying the ability to convey a message from ASL or a manual
code for English into appropriate or acceptable English either signed or spoken.
This certificate is no longer issued but is still recognized.
(27)
] SC:L--Specialist Certificate:Legal
issued by RID certifying that an interpreter/transliterator is qualified to
interpret/transliterate in a variety of legal settings.
(28)
] TC--Transliteration Certificate
issued by RID certifying the ability to convey a message from spoken English
into manually coded English, and manually coded English into spoken English.
(29)
] Test and evaluation--The
written test or performance test taken by candidates for interpreter certification.
(30)
] Transliterator-A natural
person representing himself or herself as an interpreter who performs services
for the public in the capacity of transliteration.
(31)
] Transliterate/Transliteration--The
process of conveying a message from either spoken language into a manually
coded language or from manually coded language into a spoken language.
(32)
] TSID-The Texas Society of
Interpreters for the Deaf.
(33)
] Written test--An instrument
to test the standards of ethical behavior. Both basic and comprehensive tests
are administered.
Subchapter G. CERTIFIED COURT INTERPRETERS
Part 11.
TEXAS COMMISSION ON HUMAN RIGHTS
handicaps
]. 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
[
handicapped
] persons access comparable to or greater than that required
by ANSI A117.1.
Article IV, §4.08
], upon which the commission
has found reasonable cause to believe that a discriminatory housing practice
has occurred or is about to occur.
Article IV
].
Article IV, §4.01
], or filed with the
federal government as referenced under the Act,
§301.083(a)
[
Article IV, §4.03
].
(18)
] Discriminatory housing practice--An
act prohibited by
Subchapter B, or conduct that is an offense under Subchapter
I
[
Article III and Article IX of this Act
].
(19)
] 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.
(20)
] Entrance--Any access point
to a building or portion of a building used by residents for the purpose of
entering.
(21)
] Examiner--A person designated
by the commission to conduct a hearing.
(22)
] Executive director--The executive
director of the Texas Commission on Human Rights.
(23)
] Exterior--All areas of the
premises outside of an individual dwelling unit.
(24)
] 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.
(25)
] Family--Includes a single
individual.
(26)
] Federal government--United
States Department of Housing and Urban Development.
(27)
] 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).
(28)
] First occupancy--A building
that has never before been used for any purpose.
(29)
] Ground floor--A floor of
a building with a building entrance on an accessible route. A building may
have more than one ground floor.
Article IV
], or any agent of an additional or substitute
respondent.
handicapped
] 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.
Texas Civil Statutes, Article 6252-13a
].
Article II
].
Texas Civil Statutes, Article 6252-13a
].
handicap
], familial status, or national origin
in the sale, rental, advertising of dwellings, inspection of dwellings or
entry into a neighborhood, in the provision of brokerage services, or in the
availability of residential real estate-related transactions.
Chapter 336.
COMMISSION
Articles
II, IV, and VI
].
Chapter 337.
REFERRAL TO MUNICIPALITIES
Article II
], the commission may defer proceedings under this Act and
refer a complaint to a municipality that has been approved by the federal
government as having adopted an ordinance that is substantially equivalent
to federal law.
Article II
], the commission may defer proceedings under
this Act and refer complaints to a municipality that is in compliance with
the following requirements:
Article II
], the following materials
and information shall be submitted to the commission:
Article
II
], the executive director on behalf of the commission shall identify
in writing the reasons for noncertification and endeavor to provide the municipality
with the necessary assistance to comply with the requirements established
by this chapter.
Chapter 338.
EXEMPTED REAL ESTATE-RELATED TRANSACTIONS
handicap
], familial status, or national origin.
Chapter 339.
DISCRIMINATORY HOUSING PRACTICES
handicap
], familial
status, or national origin; or discriminate against any person in the terms,
conditions, or privileges of sale or rental of a dwelling or in providing
services or facilities in connection with the sale or rental, because of race,
color, religion, sex,
disability
[
handicap
], familial
status, or national origin;
handicap
],
familial status, or national origin, or an intention to make such a preference,
limitation, or discrimination;
handicap
], familial status, or national
origin that a dwelling is not available for sale or rental when the dwelling
is in fact available;
handicap
], familial status, or national origin;
handicap
], familial status, or national origin by a person whose business
includes engaging in a residential real estate-related transaction;
handicap
],
familial status, or national origin;
handicap
], familial status, or national origin
and because the person is or has been selling, purchasing, renting, financing,
occupying, or contracting or negotiating for the sale, purchase, rental, financing,
or occupation of a dwelling or for applying for or participating in a service,
organization, or facility relating to the business of selling or renting dwellings;
handicap
], familial status, or national
origin in an activity, service, or facility related to the business of selling
or renting dwellings, affording another person opportunity or protection to
so participate, or unlawfully aiding or encouraging other persons to participate
without discrimination because of race, color, religion, sex,
disability
[
handicap
], familial status, or national origin in an activity,
service, organization, of facility relating to the business of selling or
renting dwellings;
handicap
].
handicap
],
familial status, or national origin;
handicap
], familial status,
or national origin;
handicap
], familial status, or national
origin;
handicap
], familial status, or national origin;
handicap
], familial status, or national
origin or because of the race, color, religion, sex,
disability
[
handicap
], familial status, or national origin of a tenant's guest.
handicap
], familial status, or national
origin to impose different terms, conditions, or privileges relating to the
sale or rental of a dwelling or to deny or limit services or facilities in
connection with the sale or rental of a dwelling.
handicap
],
familial status, or national origin;
handicap
], familial status, or national origin;
handicap
], familial status, or national
origin;
handicap
], familial status, or national origin of an owner,
tenant, or a person associated with him or her;
handicap
], familial status, or national
origin to restrict or attempt to restrict the choices of a person by word
or conduct in connection with seeking, negotiating for, buying, or renting
a dwelling so as to perpetuate, or tend to perpetuate, segregated housing
patterns, or to discourage or obstruct choices in a community, neighborhood,
or development. Prohibited practices under this section generally refer to
unlawful steering practices that include, but are not limited to:
handicap
], familial status, or national origin or because
of race, color, religion, sex, handicap, familial status, or national origin
of persons in a community, neighborhood, or development;
handicap
],
familial status, or national origin by exaggerating drawbacks or failing to
inform any person of desirable features of a dwelling or of a community, neighborhood,
or development;
handicap
], familial status, or national origin;
handicap
],
familial status, or national origin.
handicap
], familial status, or national
origin to engage in any conduct relating to the provision of housing or of
services and facilities in connection therewith that otherwise makes unavailable
or denies dwellings to persons. Prohibited sales and rental practices under
this section include, but are not limited to:
handicap
], familial status, or national origin, or refusing
to deal with certain brokers or agents because they or one or more of their
clients are of a particular race, color, religion, sex,
disability
[
handicap
], familial status, or national origin;
handicap
], familial status, or national
origin;
handicap
], familial status, or national origin.
handicap
], familial status, or national origin,
or an intention to make any such preference, limitation, or discrimination.
handicap
], familial status, or national origin;
handicap
], familial status, or national origin of such persons;
handicap
], familial status, or national origin;
handicap
], familial status, or national origin.
handicap
], familial status, or national
origin, to provide inaccurate or untrue information about the availability
of dwellings for sale or rental.
handicap
],
familial status, or national origin;
handicap
],
familial status, or national origin preclude the sale or rental of a dwelling
to a person;
handicap
], familial
status, or national origin;
handicap
], familial
status, or national origin;
handicap
], familial
status, or national origin.
handicap
].
handicap
], familial status, or national origin of persons
residing in it or in order to encourage the person to offer a dwelling for
sale or rental;
handicaps
], can or will result in undesirable
consequences for the project, neighborhood, or community, such as a lowering
of property values, an increase in criminal or antisocial behavior, or a decline
in the quality of schools or other services or facilities.
handicap
], familial
status, or national origin.
handicap
], familial status, or national origin;
handicap
], familial status, or national origin;
handicap
], familial status, or national
origin;
handicap
], familial status, or national origin.
Article III, §3.06
].
handicap
], familial status,
or national origin.
handicap
], familial
status, or national origin.
handicap
], familial status, or national origin.
handicap
], familial status, or national origin.
handicap
], familial status, or national origin of persons
in such neighborhoods or communities;
handicap
], familial
status, or national origin;
handicap
],
familial status, or national origin.
handicap
], familial
status, or national origin.
handicap
], familial status, or national origin.
handicap
],
familial status, or national origin;
handicap
], familial
status, or national origin.
handicap
], familial status,
or national origin.
handicap
], familial status, or national origin.
handicap
], familial
status, or national origin.
Handicap ].
handicap
]of:
handicap
] of:
handicap
] or to make inquiry
as to the nature or severity of a
disability
[
handicap
]
of such a person. However, this section does not prohibit the following inquiries,
provided these inquiries are made of all applicants, whether or not they have
disabilities
[
handicaps
]:
handicaps
]or to persons with a particular type of
disability
[
handicap
];
handicaps
] or to persons with a particular type of
disability
[
handicap
];
handicapped
] person, if the proposed modifications may be necessary to afford the
disabled
[
handicapped
] person full enjoyment of the premises
of a dwelling. In the case of a rental, the landlord may, where it is reasonable
to do so, condition permission for a modification on the renter agreeing to
restore the interior of the premises to the condition that existed before
the modification, reasonable wear and tear excepted. The landlord may not
increase for
disabled
[
handicapped
] persons any customarily
required security deposit. However, where it is necessary in order to ensure
with reasonable certainty that funds will be available to pay for the restorations
at the end of the tenancy, the landlord may negotiate as part of such a restoration
agreement a provision requiring that the tenant pay into an interest bearing
escrow account, over a reasonable period, a reasonable amount of money not
to exceed the cost of the restorations. The interest in any such account shall
accrue to the benefit of the tenant.
handicapped
] person equal
opportunity to use and enjoy a dwelling unit, including public and common
use areas.
handicapped
] persons in wheelchairs;
handicapped
] persons greater access than is required by this section.
handicap
], familial status, or national origin;
handicap
], familial status, or national origin
of such persons, or of visitors or associates of such persons;
handicap
], familial
status, or national origin of that person or of any person associated with
that person;
Chapter 340.
ADMINISTRATIVE ENFORCEMENT
handicap
], or retaliation;
Article V
],
and federal law, not later than two years after the occurrence or termination
of the alleged discriminatory housing practice. The notice will state that
the computation of this two-year period excludes any time during which an
administrative hearing is pending under this chapter and
Subchapter E
[
Article IV
], with respect to a complaint or charge based
on the alleged discriminatory housing practice. The notice will also state
that the time period includes the time during which an action arising from
a breach of a conciliation agreement under the Act,
Subchapter G
[
Article VI
], is pending;
Article IV
], and this chapter,
as a person who is alleged to be engaged, to have engaged, or to be about
to engage in the discriminatory housing practice upon which the complaint
is based may be joined as an additional or substitute respondent by service
of a notice on the person under this section within 10 days of the identification.
Article V
], and federal law, not later than two years after
the occurrence or termination of the alleged discriminatory housing practice.
The notice will state that the computation of this two-year period excludes
any time during which an administrative hearing is pending under this chapter
or the Act,
Subchapter E
[
Article IV
], with respect
to a complaint or charge based on the alleged discriminatory housing practice.
The notice will also state that the time period includes the time during which
an action arising from a breach of a conciliation agreement under the Act,
Subchapter H
[
Article V
], is pending;
Article IV
],
whether reasonable cause exists to believe that a discriminatory housing practice
has occurred or is about to occur, and to take other actions provided under
this chapter and the Act,
Subchapter E
[
Article IV
].
Article IV
]. Such investigations will be conducted in accordance with
the procedures described under this chapter.
Article IV
], except that
the executive director on behalf of the commission shall have the power to
issue subpoenas described under the Act,
Subchapter D
[
Article
II
], in support of the investigation.
Article IV
].
Article VI
], for the enforcement
of the terms of the conciliation agreement.
Article IV
], have
not been executed by the complainant and the respondent, and approved by the
executive director, the executive director on behalf of the commission, within
the time limits set forth in subsection (f) of this section, shall determine
whether, based on the totality of the factual circumstances known at the time
of the decision, reasonable cause exists to believe that a discriminatory
housing practice has occurred or is about to occur. The reasonable cause determination
will be based solely on the facts concerning the alleged discriminatory housing
practice, provided by complainant and respondent and otherwise disclosed during
the investigation. In making the reasonable cause determination, the executive
director shall consider whether the facts concerning the alleged discriminatory
housing practice are sufficient to warrant the initiation of a civil action
in state district court.
Article IV
], and this chapter on behalf of the
aggrieved person, and shall notify the aggrieved person and the respondent
of this determination by certified mail or personal service, except in all
cases not involving the legality of local zoning or land use laws or ordinances.
Article VI
], and
shall notify the aggrieved person and the respondent of this action by certified
mail or personal service.
Article IV
] regarding
an alleged discriminatory housing practice if an aggrieved person has commenced
a civil action under federal law or a state law seeking relief with respect
to the alleged discriminatory housing practice, and the trial in the action
has commenced. If a charge may not be issued because of the commencement of
such a trial, the executive director will so notify the aggrieved person and
the respondent by certified mail or personal service.
Article IV
]. If the charge is based on grounds
that are alleged in the complaint, the executive director on behalf of the
commission, will not issue a charge with regard to the grounds unless the
record of the investigation demonstrates that the respondent has been given
notice and an opportunity to respond to the allegation.
Article IV
], to each respondent and each aggrieved person identified
in the charge by certified mail or personal service.
Article IV
], a complainant
(including the executive director if the commission filed the complaint),
a respondent, or an aggrieved person on whose behalf the complaint is filed
may elect, in lieu of an administrative hearing, to have the claim asserted
in the charge decided in a civil action under the Act,
Subchapter E
[
Article IV
].
Administrative
Procedure and Texas Register Act
].
Article IV
], the commission
will provide an administrative hearing based on the charge.
Administrative
Procedure and Texas Register Act (Texas Civil Statutes, Article 6252-13a)
] and as provided under Chapter 341 of this title (relating to Administrative
Hearing Proceedings) governs a hearing and appeal of a hearing under the Act.
Article IV
], and this section, the commission shall authorize,
and not later than the 30th day after the election is made, the attorney general
shall file a civil action on behalf of the aggrieved person in a district
court seeking relief under this section. Venue for an action under this section
is in the county in which the alleged discriminatory housing practice occurred.
An aggrieved person may intervene in the action.
Article V
].
Article V
],
and this chapter, that a respondent has engaged in or is about to engage in
a discriminatory housing practice, the commission may order the appropriate
relief, including actual damages, reasonable attorney's fees, court costs,
and other injunctive or equitable relief.
Article V
], and this chapter does not affect a contract,
sale, encumbrance, or lease that was consummated before the commission issued
the order, and involved a bona fide purchaser, encumbrancer, or tenant who
did not have actual notice of the charge filed under the Act or this chapter.
Chapter 343.
ENFORCEMENT BY PRIVATE PERSON
Article IV
], and Chapter 340 of this title (relating to
Administrative Enforcement), whichever occurs last, to obtain appropriate
relief with respect to the discriminatory housing practice or breach.
Article
IV
], and Chapter 340 of this title (relating to Administrative Enforcement)
is pending with respect to a complaint or charge under this Act based on the
discriminatory housing practice. This subsection does not apply to actions
arising from a breach of a conciliation agreement.
Article V
], whether or not
a complaint has been filed under the Act,
Subchapter E
[
Article
IV
], and Chapter 340 of this title (relating to Administrative Enforcement)
and without regard to the status of any complaint filed under
Subchapter
E
[
Article IV
] and Chapter 340 of this title (relating to
Administrative Enforcement).
Article V
], on
this chapter with respect to the alleged discriminatory housing practice that
forms the basis for the complaint except to enforce the terms of the agreement.
Article IV
], and this chapter with respect to
an alleged discriminatory housing practice that forms the basis of a charge
issued by the commission if the commission has begun an administrative hearing
on the record under the Act,
Subchapter E
[
Article IV
],
and Chapter 340 of this title (relating to Administrative Enforcement) with
respect to the charge.
Article V
], and this chapter, if the court finds that a
discriminatory housing practice has occurred or is about to occur, the court
may award to the plaintiff:
Article V
], and this chapter, does not affect a contract,
sale, encumbrance, or lease that:
Article IV
], or a civil action under the Act,
Subchapter H
[
Article V
].
Chapter 344.
OTHER ACTION BY THE COMMISSION
Article IV
], the commission
shall send a copy of each order issued under this section to the attorney
general.
Article IX
], to
appropriate law enforcement agencies, including, but not limited to, the attorney
general.
Article IX
], as an alleged discriminatory housing
practice as interpreted under Chapter 339 of this title (relating to Discriminatory
Housing Practices), and subject to the proceedings set forth under Chapter
340 of this title (relating to Administrative Enforcement).
Chapter 345.
PREVAILING PARTY
Article IV
], may award reasonable attorney fees
to the prevailing party and assess court costs against the nonprevailing party.
Chapter 346.
FAIR HOUSING FUND