1-1 By: Maxey (Senate Sponsor - Shapleigh) H.B. No. 2493
1-2 (In the Senate - Received from the House May 12, 1997;
1-3 May 13, 1997, read first time and referred to Committee on State
1-4 Affairs; May 18, 1997, reported favorably by the following vote:
1-5 Yeas 12, Nays 0; May 18, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to accessibility by persons with mobility impairments to
1-9 buildings leased by or built for the state.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 5, Article 9102, Revised Statutes, is
1-12 amended by amending Subsection (e) and adding Subsections (g) and
1-13 (h) to read as follows:
1-14 (e) The commissioner may review plans and specifications,
1-15 make inspections, and issue certifications that structures not
1-16 otherwise covered by this article are free of architectural
1-17 barriers and in compliance with the provisions of this article.
1-18 The department shall inspect each building and facility that has an
1-19 estimated construction cost of $50,000 or more and that is subject
1-20 to this article not later than the first anniversary of the date
1-21 that construction or substantial renovation, modification, or
1-22 alteration of the building or facility is completed. [The
1-23 department shall inspect each building that is subject to this
1-24 article because of a lease to the state during the first year of
1-25 the lease.]
1-26 (g) The standards and specifications adopted by the
1-27 commissioner under this article that apply specifically to a
1-28 building or facility occupied by a state agency involved in
1-29 extending direct services to persons with mobility impairments also
1-30 apply to a building or facility that is occupied by the Texas
1-31 Rehabilitation Commission.
1-32 (h) Notwithstanding other provisions of this article, the
1-33 commissioner shall require complete compliance with the standards
1-34 and specifications prescribed or referenced by Subsection (g) of
1-35 this section. The department and the General Services Commission
1-36 shall ensure that all buildings and facilities leased or built by
1-37 or for the state comply with those standards. Notwithstanding
1-38 other provisions of this article, the department shall perform an
1-39 on-site inspection of all buildings and facilities to be leased by
1-40 the state before the building or facility is occupied by the state
1-41 for compliance with all accessibility standards and specifications
1-42 adopted under this article. The leasing agency or the General
1-43 Services Commission, as applicable, shall cancel the lease unless
1-44 the lessor brings into compliance any condition that the inspection
1-45 finds not to be in compliance with all applicable standards and
1-46 specifications not later than:
1-47 (1) the 60th day after the date the department
1-48 delivers the results of the inspection to the lessor or the
1-49 lessor's agent; or
1-50 (2) a later date established by the commissioner if
1-51 circumstances justify a later date.
1-52 SECTION 2. This Act takes effect September 1, 1997.
1-53 SECTION 3. The importance of this legislation and the
1-54 crowded condition of the calendars in both houses create an
1-55 emergency and an imperative public necessity that the
1-56 constitutional rule requiring bills to be read on three several
1-57 days in each house be suspended, and this rule is hereby suspended.
1-58 * * * * *