SECTION 511.92. Definitions

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

(1) Disability--A physical or mental impairment that substantially limits one or more of the major life activities of an individual; a record of such an impairment; being regarded as having such an impairment.

(2) Learning disability--Evidence of significant learning difficulties which substantially affect or limit one or more major life activities, and which are not primarily due to cultural, emotional, or motivational factors. The term does not include learning problems which are primarily the result of visual, hearing, or motor disabilities, intellectual disabilities, emotional disturbance, or of environmental, cultural, or economic disadvantage. Note that while some of these factors may be involved in other types of disabilities, such factors are excluded from the determination of a learning disability.

(3) Major life activities--Walking, speaking, seeing, hearing, breathing, learning, working, caring for one's self, and any and all amendments to the Americans with Disabilities Act of 1990, as Amended in 2008 (42 U.S.C. 12102 (2)).

(4) Mental impairment--Any mental or psychological disorder such as organic brain syndrome, emotional or mental illness, and specific learning disabilities.

Source Note: The provisions of this §511.92 adopted to be effective June 30, 1997, 22 TexReg 5926; amended to be effective February 27, 2000, 25 TexReg 1379; amended to be effective December 6, 2017, 42 TexReg 6796; amended to be effective June 2, 2021, 46 TexReg 3406