(a) The term “disability”:
(1) shall be construed in favor of broad coverage of individuals under Subchapters B and C,1 to the maximum extent allowed under those subchapters; and
(2) includes an impairment that is episodic or in remission that substantially limits a major life activity when active.
(b) The determination of whether an impairment substantially limits a major life activity must be made without regard to the ameliorative effects of mitigating measures, including:
(1) medication, medical supplies, medical equipment, medical appliances, prosthetic limbs and devices, hearing aids, cochlear implants and other implantable hearing devices, mobility devices, and oxygen therapy equipment;
(2) devices that magnify, enhance, or otherwise augment a visual image, other than eyeglasses and contact lenses that are intended to fully correct visual acuity or eliminate refractive error;
(3) the use of assistive technology;
(4) reasonable accommodations and auxiliary aids or services; and
(5) learned behavioral or adaptive neurological modifications.
Added by Acts 2009, 81st Leg., ch. 337, § 2, eff. Sept. 1, 2009.