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).