S.B. No. 540
                                        AN ACT
    1-1  relating to the elimination of architectural barriers encountered
    1-2  by persons with disabilities.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 2, Article 9102, Revised Statutes, is
    1-5  amended to read as follows:
    1-6        Sec. 2.  APPLICATION.  (a)  The standards <and
    1-7  specifications> adopted under this article <shall> apply to:
    1-8              (1)  a building or facility <all buildings and
    1-9  facilities> used by the public that is <which are> constructed, or
   1-10  substantially renovated, modified, or altered,  in whole or in part
   1-11  on or after January 1, 1970, through <by> the use of state, county,
   1-12  or municipal funds, or the funds of any political subdivision of
   1-13  the state;
   1-14              (2)  the<.  To such extent as is not contraindicated by
   1-15  federal law or beyond the state's power of regulation, these
   1-16  standards shall also apply to buildings and facilities constructed
   1-17  in this state through partial or total use of federal funds.  All
   1-18  buildings and facilities constructed in this state, or
   1-19  substantially renovated, modified, or altered, after the effective
   1-20  date of this article from any one of these funds or any combination
   1-21  thereof shall conform to each of the standards and specifications
   1-22  adopted under this article except where the governmental
   1-23  department, agency, or unit concerned shall determine, after taking
   1-24  all circumstances into consideration, that full compliance with any
    2-1  particular standard or specification is impracticable.  Where it is
    2-2  determined that full compliance with any particular standard or
    2-3  specification is impractical, the reasons for such determination
    2-4  shall be set forth in written form by those making the
    2-5  determination and forwarded to the department.  If it is determined
    2-6  that full compliance is not practicable, there shall be substantial
    2-7  compliance as determined by the department with the standard or
    2-8  specification to the maximum extent practical, and the file system
    2-9  maintained by the department shall include the written record of
   2-10  the determination that it is impractical to comply fully with a
   2-11  particular standard or specification and shall also set forth the
   2-12  extent to which an attempt will be made to comply substantially
   2-13  with the standard or specification.>
   2-14        <(b)  These standards and specifications shall be adhered to
   2-15  in those buildings and facilities under construction on the
   2-16  effective date of this article, unless the authority responsible
   2-17  for the construction shall determine that the construction has
   2-18  reached a state where compliance is impractical.  This article
   2-19  shall apply to> temporary or emergency construction of a building
   2-20  or facility described by this subsection or Subsection (b) of this
   2-21  section;
   2-22              (3)  a building <as well as permanent buildings.>
   2-23        <(c)  These standards and specifications shall be adhered to
   2-24  in all buildings> leased or occupied <rented> in whole or in part
   2-25  for use by the state under any lease or rental agreement entered
   2-26  into on or after January 1, 1972;
   2-27              (4)  a privately funded building or facility<.  To such
    3-1  extent as is not contraindicated by federal law or beyond the power
    3-2  of the state's regulation, these standards shall also apply to
    3-3  buildings or facilities leased or rented for use by the state
    3-4  through partial or total use of federal funds.  Facilities which
    3-5  are the subject of lease or rental agreements on January 1, 1972,
    3-6  will not be required to meet standards and specifications for the
    3-7  term of the existing lease or rental agreement but must be brought
    3-8  into compliance before a lease or rental agreement is renewed.
    3-9  Where it is determined by the governmental department, agency, or
   3-10  unit concerned that full compliance with any particular standard is
   3-11  impractical, the reasons for such determination shall be set forth
   3-12  in written form by those making the determination and forwarded to
   3-13  the department.  If it is determined that full compliance is not
   3-14  practical, there shall be substantial compliance as determined by
   3-15  the department with the standard or specification to the maximum
   3-16  extent practical, and the file system maintained by the department
   3-17  shall include the written record of the determination that it is
   3-18  impractical to comply fully with a particular standard or
   3-19  specification and shall also set forth the extent to which an
   3-20  attempt will be made to comply substantially with the standard or
   3-21  specification.>
   3-22        <(d)  Except as otherwise provided in subsection (e) of this
   3-23  section, these standards and specifications shall be adhered to in
   3-24  buildings> defined as a "public accommodation" by Section 301(7) of
   3-25  the Americans with Disabilities Act <(ADA)> of 1990 (42 U.S.C.
   3-26  Section 12181), <(P.L.  101-336)> that is <are> constructed or
   3-27  substantially renovated, modified, or altered on or after January
    4-1  1, 1992; and
    4-2              (5)  a privately funded building or facility defined as
    4-3  a "commercial facility" by Section 301, Americans with Disabilities
    4-4  Act of 1990 (42 U.S.C. Section 12181), that is constructed or
    4-5  substantially renovated, modified, or altered on or after September
    4-6  1, 1993.
    4-7        (b)  To the extent there is no conflict with federal law and
    4-8  it is not beyond the state's power of regulation, the standards
    4-9  adopted under this article also apply to a building or facility
   4-10  constructed in this state, or a building or facility leased or
   4-11  rented for use by the state, through the use of federal funds.
   4-12        (c) <(e)>  The commissioner may <shall have the authority to>
   4-13  waive or modify accessibility standards adopted  under this article
   4-14  <and specifications> when:
   4-15              (1)  the application of the <such> standards <and
   4-16  specifications> is considered by the commissioner to be irrelevant
   4-17  to the nature, use, or function of a building or facility covered
   4-18  by this article; or
   4-19              (2)  the owner of a building or facility that is the
   4-20  subject of a request for a waiver or modification of a standard
   4-21  under this subsection, or the owner's designated agent, presents
   4-22  proof to the commissioner that compliance with the particular
   4-23  standard is impracticable.
   4-24        (d)  An owner of a building described by Subsection (a)(3) of
   4-25  this section or of a building or facility leased or rented for use
   4-26  by the state through the use of federal funds, or the owner's
   4-27  designated agent, must present to the commissioner the proof
    5-1  required by Subsection (c)(2) of this section before the date the
    5-2  owner:
    5-3              (1)  submits a bid proposal in relation to the award of
    5-4  a contract for the lease or rental of the building or facility; or
    5-5              (2)  is awarded the contract for the lease or rental of
    5-6  the building or facility if the state does not advertise for bids.
    5-7        (e)  The commissioner may <shall> not waive or modify any
    5-8  standard or specification when:
    5-9              (1)  waiving or modifying a standard or specification
   5-10  <such action> would result in a significant impairment of the
   5-11  acquisition of goods and services by persons with disabilities or
   5-12  substantially reduce the potential for employment of persons with
   5-13  disabilities; or
   5-14              (2)  the proof presented to the commissioner under
   5-15  Subsection (c)(2) of this section is not adequate.
   5-16        (f)  All evidence supporting waiver or modification
   5-17  determinations made by the commissioner shall be made a matter of
   5-18  record and become part of the file system maintained by the
   5-19  department.
   5-20        SECTION 2.  Section 5, Article 9102, Revised Statutes, is
   5-21  amended by amending Subsections (b), (d), and (e) and adding
   5-22  Subsection (f) to read as follows:
   5-23        (b)  The commissioner has <shall have> all necessary powers
   5-24  to require compliance with the department's <commissioner's> rules
   5-25  and regulations and modifications thereof and substitutions
   5-26  therefor.  The commission may also impose an administrative penalty
   5-27  under Section 17, Article 9100, Revised Statutes, on a building
    6-1  owner for a violation of this article or a rule adopted under this
    6-2  article.  Each day that the violation is not corrected constitutes
    6-3  a separate violation.  The commissioner when the commission
    6-4  considers imposing an administrative penalty under this section,
    6-5  shall first notify a person responsible for the building and allow
    6-6  that person 90 days to bring the building into compliance.  The
    6-7  commissioner shall have the authority to extend the 90-day period
    6-8  when circumstances justify such extension.
    6-9        (d)  All plans and specifications for construction or for the
   6-10  substantial renovation, modification, or alteration of a building
   6-11  or facility that has an estimated construction cost of $50,000 or
   6-12  more and that is <buildings> subject to the provisions of this
   6-13  article shall be submitted to the department for review and
   6-14  approval prior to the time that construction or that substantial
   6-15  renovation, modification, or alteration on the building or facility
   6-16  begins in accordance with rules and regulations adopted by the
   6-17  commissioner.  Plans <The plans> and specifications related to the
   6-18  building or facility shall be submitted to the department by the
   6-19  architect, interior designer, or engineer who has overall
   6-20  responsibility for the design of the constructed or reconstructed
   6-21  building or facility.  The <building> owner shall submit the plans
   6-22  and specifications to the department if there is no architect,
   6-23  interior designer, or engineer with that responsibility <unless the
   6-24  cost of the construction or reconstruction project is less than
   6-25  $50,000>.  Likewise, any substantial modification of approved plans
   6-26  shall be resubmitted to the department for review and approval.
   6-27  The plans and specifications that are not approved or disapproved
    7-1  by the department within 30 days from the receipt of the plans and
    7-2  specifications are automatically approved.  If an architect,
    7-3  interior designer, or engineer required to submit or resubmit plans
    7-4  and specifications to the department fails to do so in a timely
    7-5  manner, the commissioner shall report the fact to the Texas Board
    7-6  of Architectural Examiners or the State Board of Registration for
    7-7  Professional Engineers, as appropriate.
    7-8        (e)  The commissioner may review plans and specifications,
    7-9  make inspections, and issue certifications that structures not
   7-10  otherwise covered by this article are free of architectural
   7-11  barriers and in compliance with the provisions of this article.
   7-12  The department shall inspect each building and facility that has an
   7-13  estimated construction cost of $50,000 or more and that is  subject
   7-14  to this article not later than <within> the first anniversary of
   7-15  <year after> the date that construction or substantial renovation,
   7-16  modification, or alteration of the building or facility is
   7-17  completed.  The department shall inspect each building that is
   7-18  subject to this article because of a lease to the state during the
   7-19  first year of the lease.
   7-20        (f)(1)  The commissioner shall contract with a municipality
   7-21  to perform the commissioner's review and inspection functions for
   7-22  privately financed buildings that are not leased by the state or a
   7-23  political subdivision if:
   7-24                    (A)  the municipality requests permission to
   7-25  perform such duties;
   7-26                    (B)  the municipality is staffed with a
   7-27  sufficient number of qualified personnel to perform such duties in
    8-1  the judgment of the commissioner; and
    8-2                    (C)  the municipality agrees to contract terms
    8-3  required by the commissioner.
    8-4              (2)  The commissioner shall require municipal personnel
    8-5  who perform such duties to comply with qualification or
    8-6  certification requirements adopted or approved by the commissioner.
    8-7  The commissioner, not later than April 1, 1994, shall adopt
    8-8  qualification requirements or implement certification programs
    8-9  under this subsection and shall commence entering into contracts
   8-10  with municipalities qualifying under this subsection.
   8-11        SECTION 3.  This Act takes effect September 1, 1993.
   8-12        SECTION 4.  The importance of this legislation and the
   8-13  crowded condition of the calendars in both houses create an
   8-14  emergency and an imperative public necessity that the
   8-15  constitutional rule requiring bills to be read on three several
   8-16  days in each house be suspended, and this rule is hereby suspended.