BILL ANALYSIS



H.B. 1612
By: Kubiak
March 8, 1995
Committee Report (Unamended)


BACKGROUND

Recently, a growing number of churches have encountered problems
complying with local building officials interpretation of the Texas
Accessibility Standards (TAS) of the Architectural Barriers Act,
Article 9102 of Texas Civil Statutes.  Local code officials
maintain that religious facilities (most notably churches) and
their umbrella organizations must abide by identical standards,
since they are not specifically exempted from the TAS.  In some
instances, the Texas Department of Licensing and Regulation, which
administers TAS, has been reported to verbally assure churches that
they are exempt from the act. However, it is not explicitly stated 
that churches are exempt from the act.  This impact on churches has
been felt directly in the form of increased construction  costs,
and delays in construction while Architects and builders determine
ways to increase access to comply with TAS.   TAS requires
accessibility to all areas, as opposed to the American with
Disabilities Act, which only requires access to "primary function"
areas.  This requirement as well as ambiguity in the application of
the current standards, and statements by  the Department of
Licensing and Regulation that churches are exempt from TAS, fosters
frustration and results in significant construction delays.


PURPOSE

To exempt buildings and facilities of religious organizations from
certain provisions of the Architectural Barriers Act related to
access standards required by the Texas Accessibility Standards.  


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 2, Article 9102, Revised Statutes, by
adding Subsection (g).

(g)   Standards adopted under this article do not apply to
buildings or facilities of  religious organizations or entities
controlled by a religious organization, including a place of
worship.

SECTION 2.  Emergency Clause.


SUMMARY OF COMMITTEE ACTION

H.B. 1612 was heard in a Public Hearing on March 8, 1995.  The
Chair recognized the Coauthor,  Representative Bob Hunter who spoke
in favor of the bill.  The Chair recognized the following persons
to testify in favor of the bill:  
     Mr. William L. Walters, Baptist General Convention of Texas;
     Mr. Bill T. Wilson, II, Architect, Wilson, Kullman, McCord;
     Mr. Russell Maddox, Baptist General Convention of Texas;
The Chair recognized the following person to testify against the
bill:
     Ms. Belinda Carlton, Coalition of Texans With Disabilities; 
The Chair recognized the following person as a Resource Witness,
who testified neutral on the bill:
     Mr. Rick Baudoin, Texas Department of Licensing and
Regulation;
H.B. 1612 was left pending in committee.  There was no objection. 
H.B. 1612 which was pending in committee was recalled.  There was
no objection.  Representative Jones moved that the full committee
adopt H.B. 1612, and that it be reported favorably to the full
House with the recommendation that it do pass and be printed.  The
motion prevailed by the following vote:  AYES:  (8), NAYS: (0),
ABSENT: (1).