By Maxey H.B. No. 2493
75R12825 JRD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to accessibility by persons with mobility impairments to
1-3 buildings leased by or built for the state.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 5, Article 9102, Revised Statutes, is
1-6 amended by amending Subsection (e) and adding Subsections (g) and
1-7 (h) to read as follows:
1-8 (e) The commissioner may review plans and specifications,
1-9 make inspections, and issue certifications that structures not
1-10 otherwise covered by this article are free of architectural
1-11 barriers and in compliance with the provisions of this article.
1-12 The department shall inspect each building and facility that has an
1-13 estimated construction cost of $50,000 or more and that is subject
1-14 to this article not later than the first anniversary of the date
1-15 that construction or substantial renovation, modification, or
1-16 alteration of the building or facility is completed. [The
1-17 department shall inspect each building that is subject to this
1-18 article because of a lease to the state during the first year of
1-19 the lease.]
1-20 (g) The standards and specifications adopted by the
1-21 commissioner under this article that apply specifically to a
1-22 building or facility occupied by a state agency involved in
1-23 extending direct services to persons with mobility impairments also
1-24 apply to a building or facility that is occupied by the Texas
2-1 Rehabilitation Commission.
2-2 (h) Notwithstanding other provisions of this article, the
2-3 commissioner shall require complete compliance with the standards
2-4 and specifications prescribed or referenced by Subsection (g) of
2-5 this section. The department and the General Services Commission
2-6 shall ensure that all buildings and facilities leased or built by
2-7 or for the state comply with those standards. Notwithstanding
2-8 other provisions of this article, the department shall perform an
2-9 on-site inspection of all buildings and facilities to be leased by
2-10 the state before the building or facility is occupied by the state
2-11 for compliance with all accessibility standards and specifications
2-12 adopted under this article. The leasing agency or the General
2-13 Services Commission, as applicable, shall cancel the lease unless
2-14 the lessor brings into compliance any condition that the inspection
2-15 finds not to be in compliance with all applicable standards and
2-16 specifications not later than:
2-17 (1) the 60th day after the date the department
2-18 delivers the results of the inspection to the lessor or the
2-19 lessor's agent; or
2-20 (2) a later date established by the commissioner if
2-21 circumstances justify a later date.
2-22 SECTION 2. This Act takes effect September 1, 1997.
2-23 SECTION 3. The importance of this legislation and the
2-24 crowded condition of the calendars in both houses create an
2-25 emergency and an imperative public necessity that the
2-26 constitutional rule requiring bills to be read on three several
2-27 days in each house be suspended, and this rule is hereby suspended.