NDT C.S.H.B. 2493 75(R)BILL ANALYSIS LICENSING & ADMINISTRATIVE PROCEDURES C.S.H.B. 2493 By: Maxey 4-28-97 Committee Report (Substituted) BACKGROUND The Texas Accessibility Standards (TAS) require that a building or facility occupied by a state agency involved in extending direct services to persons with mobility impairments be required to have 20% of all parking spaces be accessible to persons with mobility impairments. The standards do not designate which agencies meet these requirements. Currently, each time a state agency requests a building or facility, the agency must notify the General Services Commission (GSC) or the Texas Department of Licensing and Regulations (TDLR) that the agency meets this requirement. Unless an agency notifies the GSC or TDLR that they specializes in providing direct services to persons with mobility impairments, it is not ensured that a new facility, leased by the agency, will meet this TAS requirement. The result has been that these agencies are often located in buildings which do not provide sufficient parking for persons who are mobility impaired. In addition, the TDLR is required only to perform a physical inspection to ensure a building or facility leased by the state complies with the TAS during the first year of the lease. The lack of a compliance inspection before state occupation has resulted in state offices being located in buildings which do not meet accessibility standards. TDLR is currently averaging approximately 13 months before an inspection is completed. PURPOSE The purpose of this legislation is to define the Texas Rehabilitation Commission as an agency extending direct services to persons with mobility impairments. It will also require the TDLR to inspect buildings or facilities for compliance with Texas Accessibility Standards before a leased building is occupied. 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. This section amends section 5, article 9102, Revised Statutes, by amending subsection (e) and adding subsections (g) and (h) as follows: (e) deletes the requirement that inspection of a lease be done in the first year of the lease. (g) the standards and specifications adopted by the commissioner under this article which apply to state agencies extending direct services to persons with mobility impairments also apply to a building or facility leased or built by the Texas Rehabilitation Commission as defined under Chapter 531, Government Code. (h) the commissioner shall require complete compliance with the standards and specifications in subsection (g) of this section. The TDLR and GSC shall ensure that all buildings leased or built for the state comply with these standards. The TDLR shall complete and on-site inspection of all buildings to be leased before the facility if occupied by the state for compliance with subsection (g) of this section. The leasing agency or the GSC shall cancel the lease unless, not less than (1)the 60th day after the TDLR notifies the lessor or the lessor's agent of the results of the inspection or (2) a later date as determined by the commissioner, the lessor brings into compliance any condition the inspection finds not to be in compliance with these standards. Section 2. This act takes effect September 1, 1997. Section 3. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The Substitute deleted the requirement that the inspection occur during the first year of the lease. It also limited parking requirement to the Texas Rehabilitation Commission only. The substitute was also amended to require inspections to occur before the state agency occupies the building and requires the commissioner's approval for any exceptions to the cancellation requirement for non-compliance with accessibility changes.