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TITLE 16ECONOMIC REGULATION
PART 9TEXAS LOTTERY COMMISSION
CHAPTER 401ADMINISTRATION OF STATE LOTTERY ACT
SUBCHAPTER FADA REQUIREMENTS
RULE §401.401Definitions

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

  (1) ADA--The Americans with Disabilities Act of 1990 (42 United States Code §§12101-12213 and 47 United States Code §225 and §611).

  (2) Applicant--A person who has filed an application for a sales agent's license with the lottery.

  (3) Disability--With respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual; having had a record of such an impairment; or being regarded as having such an impairment.

  (4) Lottery licensed facility--A place of public accommodation operated by an applicant/lottery retailer, including all or any portion of buildings, structures, sites, complexes, equipment, walks, passageways, parking lots, or other real or personal property, including the site where the building, property, structure, or equipment is located, to the extent used in the conduct of lottery activities.

  (5) Lottery retailer--Any person or entity licensed under the State Lottery Act.

  (6) Readily achievable--Easily accomplished and able to be carried out without much difficulty or expense. In determining whether an action is readily achievable, factors to be considered include:

    (A) the nature and cost of the action needed under this part;

    (B) the overall financial resources of the site or sites involved in the action; the number of persons employed at the site; the effect on expenses and resources; legitimate safety requirements that are necessary for safe operation, including crime prevention measures; or the impact otherwise of the action upon the operation of the site;

    (C) the geographic separateness and the administrative or fiscal relationship of the site or sites in question to any parent corporation or entity;

    (D) if applicable, the overall financial resources of any parent corporation or entity with respect to the number of its employees; the number, type, and location of its facilities; and

    (E) if applicable, the type of operation or operations of any parent corporation or entity, including the composition, structure, and functions of the workforce of the parent corporation or entity.

  (7) Undue burden--Significant difficulty or expense. In determining whether an action would result in an undue burden, factors to be considered include:

    (A) the nature and cost of the action;

    (B) the overall financial resources of the site or sites involved in the action; the effect on expenses and resources; legitimate safety requirements that are necessary for safe operation, including crime prevention measures; or the impact otherwise of the action upon the operation of the site; and

    (C) if applicable, the overall financial resources of any parent corporation or entity; the overall size of the parent corporation or entity with respect to the number of its employees; and the number, type, and location of facilities.


Source Note: The provisions of this §401.401 adopted to be effective April 18, 1994, 19 TexReg 2276.

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