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.