By: Barrientos S.B. No. 540
73R5753 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the elimination of architectural barriers encountered
1-3 by persons with disabilities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2, Architectural Barriers Law (Article
1-6 9102, Vernon's Texas Civil Statutes), is amended by amending
1-7 Subsections (a), (b), (c), (d), and (e) to read as follows:
1-8 Section 2. Application.
1-9 (a) The standards <and specifications> adopted under this
1-10 article shall apply to:
1-11 (1) All buildings and facilities used by the public which
1-12 are constructed or substantially renovated, modified or altered in
1-13 whole or in part by the use of state, county, or municipal funds,
1-14 or the funds of any political subdivision of the state on or after
1-15 January 1, 1970. To such extent as is not contraindicated by
1-16 federal law or beyond the state's power of regulation, these
1-17 standards shall also apply to buildings and facilities constructed
1-18 in this state through partial or total use of federal funds. <All
1-19 buildings and facilities constructed in this state or substantially
1-20 renovated, modified, or altered, after the effective date of this
1-21 article from any one of these funds or any combination thereof
1-22 shall conform to each of the standards and specifications adopted
1-23 under this article except where the governmental department,
1-24 agency, or unit concerned shall determine, after taking all
2-1 circumstances into consideration, that full compliance with any
2-2 particular standard or specification is impracticable. Where it is
2-3 determined that full compliance with any particular standard or
2-4 specification is impractical, the reasons for such determination
2-5 shall be set forth in written form by those making the
2-6 determination and forwarded to the department. If it is determined
2-7 that full compliance is not practicable, there shall be substantial
2-8 compliance as determined by the department with the standard or
2-9 specification to the maximum extent practical, and the file system
2-10 maintained by the department shall include the written record of
2-11 the determination that it is impractical to comply fully with a
2-12 particular standard or specification and shall also set forth the
2-13 extent to which an attempt will be made to comply substantially
2-14 with the standard or specification>.
2-15 (2) <(b)> <These standards and specifications shall be
2-16 adhered to in those buildings and facilities under construction on
2-17 the effective date of this article, unless the authority
2-18 responsible for the construction shall determine that the
2-19 construction has reached a state where compliance is impractical.
2-20 This article shall apply to> Temporary or emergency construction as
2-21 well as permanent buildings covered by Subsections (a), (c) or (d).
2-22 (3) <(c)> <These standards and specifications shall be
2-23 adhered to in> All buildings leased and or occupied <or rented> in
2-24 whole or in part for use by the state under any lease or rental
2-25 agreement entered into on or after January 1, 1972. To such extent
2-26 as is not contraindicated by federal law or beyond the power of the
2-27 state's regulation, these standards shall also apply to buildings
3-1 or facilities leased or rented for use by the state through partial
3-2 or total use of federal funds. <Facilities which are subject of
3-3 lease or rental agreement on January 1, 1972, will not be required
3-4 to meet standards and brought into compliance before a lease or
3-5 rental agreement is renewed. Where it is determined by the
3-6 governmental department, agency, or unit concerned that full
3-7 compliance with any particular standard is impractical, the reasons
3-8 for such determination shall be set forth in written form by those
3-9 making the determination and forwarded to the department. If it is
3-10 determined that full compliance is not practical, there shall be
3-11 substantial compliance as determined by the department with the
3-12 standard or specification to the maximum extent practical, and the
3-13 file system maintained by the department shall include the written
3-14 record of the determination that it is impractical to comply fully
3-15 with a particular standard or specification and shall also set
3-16 forth the extent to which an attempt will be made to comply
3-17 substantially with the standard or specification.>
3-18 (4) <(d)> <Except as otherwise provided in Subsection (e) of
3-19 this section, these standards and specifications shall be adhered
3-20 to in> Buildings defined as "public accommodation" by Section
3-21 301(7) of the Americans with Disabilities Act (ADA) of 1990 <(p.L.
3-22 101-336)> that are constructed or substantially renovated,
3-23 modified, or altered on or after January 1, 1992 and in buildings
3-24 defined as "commercial facilities" by Section 301(2) of the
3-25 Americans with Disabilities Act (ADA) of 1990 that are constructed
3-26 or substantially renovated, modified, or altered on or after
3-27 September 1, 1993.
4-1 (b) <(e)> The commissioner shall have the authority to waive
4-2 or modify accessibility standards <and specifications> when
4-3 application of such standards <and specifications> is considered by
4-4 the commissioner to be irrelevant to the nature, use, or function
4-5 of a building or facility covered by this article or where
4-6 justification is presented supporting impracticability. In
4-7 instances of facilities covered by Subsection (a)(4), justification
4-8 shall be submitted to the department prior to bid advertisement
4-9 and/or award of contract. The commissioner shall not waive or
4-10 modify any standard or specification when such action would result
4-11 in a significant impairment of the acquisition of goods and
4-12 services by persons with disabilities or substantially reduce the
4-13 potential for employment of persons with disabilities or when
4-14 justification is inadequate to support impracticability. All
4-15 evidence supporting waiver or modification determinations made by
4-16 the commissioner shall be made a matter of record and become part
4-17 of the file system maintained by the department.
4-18 SECTION 2. Section 4, Architectural Barriers Law (Article
4-19 9102, Vernon's Texas Civil Statutes), is amended by amending
4-20 Definition (3) as follows:
4-21 (3) "Commissioner" means the executive director of the Texas
4-22 Department of Licensing and Regulation <commissioner or licensing
4-23 and regulation>.
4-24 SECTION 3. Section 5, Architectural Barriers Law (Article
4-25 9102, Vernon's Texas Civil Statutes), is amended by amending
4-26 Subsections (b), (d) and (e) to read as follows:
4-27 (b) The commissioner shall have all necessary powers to
5-1 require compliance with the department's <commissioner's> rules and
5-2 regulations and modifications thereof and substitutions therefor.
5-3 The commission may also impose an administrative penalty under
5-4 Section 17, Article 9100, Revised Statutes, on a building owner for
5-5 a violation of this article or a rule adopted under this article.
5-6 Each day that the violation is not corrected constitutes a separate
5-7 violation. The commissioner, when the commission considers
5-8 imposing an administrative penalty under this section, shall first
5-9 notify a person responsible for the building and allow that person
5-10 90 days to bring the building into compliance. The commissioner
5-11 shall have the authority to extend the 90-day period when
5-12 circumstances justify such an extension.
5-13 (d) All plans and specifications for construction or for the
5-14 substantial renovation, modification, or alteration of buildings
5-15 subject to the provisions of this article with an estimated
5-16 construction cost equal to or exceeding $50,000 shall be submitted
5-17 to the department for review and approval prior to the time that
5-18 construction or that substantial renovation, modification, or
5-19 alteration on the building begins in accordance with rules and
5-20 regulations adopted by the commissioner. <The> Plans and
5-21 specifications for subject buildings and facilities shall be
5-22 submitted to the department by the architect, <or> engineer, or
5-23 interior designer who has overall responsibility for the design of
5-24 the constructed or reconstructed building. The building owner
5-25 shall submit the plans and specifications to the department if
5-26 there is no architect, or engineer, or interior designer with that
5-27 responsibility<, unless the cost of the construction or
6-1 reconstruction project is less than $50,000>. Likewise, any
6-2 substantial modification of approved plans shall be resubmitted to
6-3 the department for review and approval. The plans and
6-4 specifications that are not approved or disapproved by the
6-5 department within 30 days from the receipt of the plans and
6-6 specifications are automatically approved. If an architect, <or>
6-7 engineer, or interior designer required to submit or resubmit plans
6-8 and specifications to the department fails to do so in a timely
6-9 manner, the commissioner shall report the fact to the Texas Board
6-10 of Architectural Examiners or the State Board of Registration for
6-11 Professional Engineers, as appropriate.
6-12 (e) The commissioner may review plans and specifications,
6-13 make inspections, and issue certifications that structures not
6-14 otherwise covered by this article are free of architectural
6-15 barriers and in compliance with the provisions of this article.
6-16 The department shall inspect subject buildings and facilities with
6-17 an estimated construction cost equal to or exceeding $50,000 <each
6-18 building subject to this article> within the first year after the
6-19 date that construction or substantial renovation, modification, or
6-20 alteration of the building or facility is completed.
6-21 SECTION 4. This Act takes effect September 1, 1993.
6-22 SECTION 5. The importance of this legislation and the
6-23 crowded condition of the calendars in both houses create an
6-24 emergency and an imperative public necessity that the
6-25 constitutional rule requiring bills to be read on three several
6-26 days in each house be suspended, and this rule is hereby suspended.