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.

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