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.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 2493 was passed by the House on May

         10, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 2493 was passed by the Senate on May

         23, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor