1-1 By: Barrientos S.B. No. 540
1-2 (In the Senate - Filed March 1, 1993; March 2, 1993, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 21, 1993, reported favorably by the following vote: Yeas 10,
1-5 Nays 0; April 21, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Harris of Dallas x
1-9 Rosson x
1-10 Carriker x
1-11 Henderson x
1-12 Leedom x
1-13 Lucio x
1-14 Luna x
1-15 Nelson x
1-16 Patterson x
1-17 Shelley x
1-18 Sibley x
1-19 West x
1-20 Whitmire x
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the elimination of architectural barriers encountered
1-24 by persons with disabilities.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Section 2, Architectural Barriers Law (Article
1-27 9102, Vernon's Texas Civil Statutes), is amended to read as
1-28 follows:
1-29 Sec. 2. APPLICATION. (a) The standards <and
1-30 specifications> adopted under this article shall apply to:
1-31 (1) All <all> buildings and facilities used by the public
1-32 which are constructed or substantially renovated, modified, or
1-33 altered in whole or in part by the use of state, county, or
1-34 municipal funds, or the funds of any political subdivision of the
1-35 state on or after January 1, 1970. To such extent as is not
1-36 contraindicated by federal law or beyond the state's power of
1-37 regulation, these standards shall also apply to buildings and
1-38 facilities constructed in this state through partial or total use
1-39 of federal funds. <All buildings and facilities constructed in
1-40 this state or substantially renovated, modified, or altered, after
1-41 the effective date of this article from any one of these funds or
1-42 any combination thereof shall conform to each of the standards and
1-43 specifications adopted under this article except where the
1-44 governmental department, agency, or unit concerned shall determine,
1-45 after taking all circumstances into consideration, that full
1-46 compliance with any particular standard or specification is
1-47 impracticable. Where it is determined that full compliance with
1-48 any particular standard or specification is impractical, the
1-49 reasons for such determination shall be set forth in written form
1-50 by those making the determination and forwarded to the department.
1-51 If it is determined that full compliance is not practicable, there
1-52 shall be substantial compliance as determined by the department
1-53 with the standard or specification to the maximum extent practical,
1-54 and the file system maintained by the department shall include the
1-55 written record of the determination that it is impractical to
1-56 comply fully with a particular standard or specification and shall
1-57 also set forth the extent to which an attempt will be made to
1-58 comply substantially with the standard or specification>.
1-59 (2) Temporary <(b) These standards and specifications shall
1-60 be adhered to in those buildings and facilities under construction
1-61 on the effective date of this article, unless the authority
1-62 responsible for the construction shall determine that the
1-63 construction has reached a state where compliance is impractical.
1-64 This article shall apply to temporary> or emergency construction as
1-65 well as permanent buildings covered by Subdivisions (1), (3), and
1-66 (4) of this subsection.
1-67 (3) All <(c) These standards and specifications shall be
1-68 adhered to in all> buildings leased and or occupied <or rented> in
2-1 whole or in part for use by the state under any lease or rental
2-2 agreement entered into on or after January 1, 1972. To such extent
2-3 as is not contraindicated by federal law or beyond the power of the
2-4 state's regulation, these standards shall also apply to buildings
2-5 or facilities leased or rented for use by the state through partial
2-6 or total use of federal funds. <Facilities which are the subject
2-7 of lease or rental agreements on January 1, 1972, will not be
2-8 required to meet standards and specifications for the term of the
2-9 existing lease or rental agreement but must be brought into
2-10 compliance before a lease or rental agreement is renewed. Where it
2-11 is determined by the governmental department, agency, or unit
2-12 concerned that full compliance with any particular standard is
2-13 impractical, the reasons for such determination shall be set forth
2-14 in written form by those making the determination and forwarded to
2-15 the department. If it is determined that full compliance is not
2-16 practical, there shall be substantial compliance as determined by
2-17 the department with the standard or specification to the maximum
2-18 extent practical, and the file system maintained by the department
2-19 shall include the written record of the determination that it is
2-20 impractical to comply fully with a particular standard or
2-21 specification and shall also set forth the extent to which an
2-22 attempt will be made to comply substantially with the standard or
2-23 specification.>
2-24 (4) Buildings <(d) Except as otherwise provided in
2-25 subsection (e) of this section, these standards and specifications
2-26 shall be adhered to in buildings> defined as "public accommodation"
2-27 by Section 301(7) of the Americans with Disabilities Act (ADA) of
2-28 1990 <(P.L. 101-336)> that are constructed or substantially
2-29 renovated, modified, or altered on or after January 1, 1992 and in
2-30 buildings defined as "commercial facilities" by Section 301(2) of
2-31 the Americans with Disabilities Act (ADA) of 1990 that are
2-32 constructed or substantially renovated, modified, or altered on or
2-33 after September 1, 1993.
2-34 (b) <(e)> The commissioner shall have the authority to waive
2-35 or modify accessibility standards <and specifications> when
2-36 application of such standards <and specifications> is considered by
2-37 the commissioner to be irrelevant to the nature, use, or function
2-38 of a building or facility covered by this article or where
2-39 justification is presented supporting impracticability. In
2-40 instances of facilities covered by Subsection (a)(4), justification
2-41 shall be submitted to the department prior to bid advertisement
2-42 and/or award of contract. The commissioner shall not waive or
2-43 modify any standard or specification when such action would result
2-44 in a significant impairment of the acquisition of goods and
2-45 services by persons with disabilities or substantially reduce the
2-46 potential for employment of persons with disabilities or when
2-47 justification is inadequate to support impracticability. All
2-48 evidence supporting waiver or modification determinations made by
2-49 the commissioner shall be made a matter of record and become part
2-50 of the file system maintained by the department.
2-51 SECTION 2. Section 4, Architectural Barriers Law (Article
2-52 9102, Vernon's Texas Civil Statutes), is amended by amending
2-53 Definition (3) as follows:
2-54 (3) "Commissioner" means the executive director of the Texas
2-55 Department of Licensing and Regulation <commissioner of licensing
2-56 and regulation>.
2-57 SECTION 3. Section 5, Architectural Barriers Law (Article
2-58 9102, Vernon's Texas Civil Statutes), is amended by amending
2-59 Subsections (b), (d) and (e) to read as follows:
2-60 (b) The commissioner shall have all necessary powers to
2-61 require compliance with the department's <commissioner's> rules and
2-62 regulations and modifications thereof and substitutions therefor.
2-63 The commission may also impose an administrative penalty under
2-64 Section 17, Article 9100, Revised Statutes, on a building owner for
2-65 a violation of this article or a rule adopted under this article.
2-66 Each day that the violation is not corrected constitutes a separate
2-67 violation. The commissioner, when the commission considers
2-68 imposing an administrative penalty under this section, shall first
2-69 notify a person responsible for the building and allow that person
2-70 90 days to bring the building into compliance. The commissioner
3-1 shall have the authority to extend the 90-day period when
3-2 circumstances justify such extension.
3-3 (d) All plans and specifications for construction or for the
3-4 substantial renovation, modification, or alteration of buildings
3-5 subject to the provisions of this article with an estimated
3-6 construction cost equal to or exceeding $50,000 shall be submitted
3-7 to the department for review and approval prior to the time that
3-8 construction or that substantial renovation, modification, or
3-9 alteration on the building begins in accordance with rules and
3-10 regulations adopted by the commissioner. Plans <The plans> and
3-11 specifications for subject buildings and facilities shall be
3-12 submitted to the department by the architect, <or> engineer, or
3-13 interior designer who has overall responsibility for the design of
3-14 the constructed or reconstructed building. The building owner
3-15 shall submit the plans and specifications to the department if
3-16 there is no architect, or engineer, or interior designer with that
3-17 responsibility <unless the cost of the construction or
3-18 reconstruction project is less than $50,000>. Likewise, any
3-19 substantial modification of approved plans shall be resubmitted to
3-20 the department for review and approval. The plans and
3-21 specifications that are not approved or disapproved by the
3-22 department within 30 days from the receipt of the plans and
3-23 specifications are automatically approved. If an architect, <or>
3-24 engineer, or interior designer required to submit or resubmit plans
3-25 and specifications to the department fails to do so in a timely
3-26 manner, the commissioner shall report the fact to the Texas Board
3-27 of Architectural Examiners or the State Board of Registration for
3-28 Professional Engineers, as appropriate.
3-29 (e) The commissioner may review plans and specifications,
3-30 make inspections, and issue certifications that structures not
3-31 otherwise covered by this article are free of architectural
3-32 barriers and in compliance with the provisions of this article.
3-33 The department shall inspect subject buildings and facilities with
3-34 an estimated construction cost equal to or exceeding $50,000 <each
3-35 building subject to this article> within the first year after the
3-36 date that construction or substantial renovation, modification, or
3-37 alteration of the building or facility is completed. The
3-38 department shall inspect each building that is subject to this
3-39 article because of a lease to the state during the first year of
3-40 the lease.
3-41 SECTION 4. This Act takes effect September 1, 1993.
3-42 SECTION 5. The importance of this legislation and the
3-43 crowded condition of the calendars in both houses create an
3-44 emergency and an imperative public necessity that the
3-45 constitutional rule requiring bills to be read on three several
3-46 days in each house be suspended, and this rule is hereby suspended.
3-47 * * * * *
3-48 Austin,
3-49 Texas
3-50 April 21, 1993
3-51 Hon. Bob Bullock
3-52 President of the Senate
3-53 Sir:
3-54 We, your Committee on State Affairs to which was referred S.B.
3-55 No. 540, have had the same under consideration, and I am instructed
3-56 to report it back to the Senate with the recommendation that it do
3-57 pass and be printed.
3-58 Harris of
3-59 Dallas, Chairman
3-60 * * * * *
3-61 WITNESSES
3-62 FOR AGAINST ON
3-63 ___________________________________________________________________
3-64 Name: Pat Pound x
3-65 Representing: Gov Committee-People Disable
3-66 City: Austin
3-67 -------------------------------------------------------------------
3-68 Name: Rick Baudoin x
3-69 Representing: Tx Dept of Lice & Reg
3-70 City: Austin
4-1 -------------------------------------------------------------------
4-2 Name: Lora Williams x
4-3 Representing: Tx Dept of Lice & Reg
4-4 City: Austin
4-5 -------------------------------------------------------------------
4-6 Name: Belinda Carlton x
4-7 Representing: Coalition of Texans W/Disable
4-8 City: Austin
4-9 -------------------------------------------------------------------
4-10 Name: Judith Sokolow x
4-11 Representing: Advocacy, Inc
4-12 City: Austin
4-13 -------------------------------------------------------------------