BILL ANALYSIS H.B. 1612 By: Kubiak (Sibley) Economic Development 05-17-95 Senate Committee Report (Amended) 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, V.T.C.S. TAS requires accessibility to all areas, as opposed to the Americans with Disabilities Act, which only requires access to primary function areas. 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. 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. 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. PURPOSE As proposed, H.B. 1612 provides that the standards related to architectural barriers adopted under this article do not apply to a place used primarily for religious rituals within a building or facility of a religious organization. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 2, Article 9102, V.T.C.S., by adding Subsection (g), to provide that the standards adopted under this article do not apply to a place used primarily for religious rituals within either a building or facility of a religious organization. SECTION 2. Emergency clause. Effective date: upon passage.