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.