HBA-KMH S.B. 959 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 959
By: Barrientos
Licensing & Administrative Procedures
5/6/1999
Engrossed


BACKGROUND AND PURPOSE

In 1990, the U.S. Congress approved an architectural barriers program
called the Americans with Disabilities Act (ADA), similar to an
architectural barrier law passed in Texas in1970.  Currently, there are
some inconsistencies between the two programs.  The commissioner of
licensing and regulation presently oversees laws regarding architectural
barriers. S.B. 959 amends certain provisions of Texas law requiring
compliance with the Americans with Disabilities Act in this state. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 1, Article 9102, V.T.C.S., to delete text
specifying that compliance with the provisions of this article is based on
instances when specified person cannot readily use public buildings. 

SECTION 2.  Amends Sections 2(a), (d), (e), and (f), Article 9102,
V.T.C.S., to apply this article to a building or facility that is
constructed or renovated, rather than substantially renovated, on or after
January 1, 1970, under specified conditions and to a privately funded
building or facility defined as a "public accommodation" by the Americans
with Disabilities Act (ADA) and its subsequent amendments, that is
constructed or renovated, rather than substantially renovated, on or after
January 1, 1992.  Requires certain owners or the owner's agent to present
proof required by this section to the Texas Commission of Licensing and
Regulation (commission), rather than the commissioner of licensing and
regulation (commissioner).  Prohibits the commission, rather than the
commissioner, from waiving any standard or specification when the
commission knows that waiving or modifying a standard or specification
under specified conditions would result in a violation of the ADA and its
subsequent amendments.  Makes conforming changes.   

SECTION 3.  Amends Section 2(c), Article 9102, V.T.C.S., to make conforming
changes. 

SECTION 4.  Amends Section 3(b), Article 9102, V.T.C.S., to make a
conforming change.   

SECTION 5.  Amends Section 4, Article 9102, V.T.C.S., to define "interior
designer" and "landscape architect" and to alphabetize the list of
definitions. 

SECTION 6.  Amends Section 5, Article 9102, V.T.C.S., as follows:

 Sec. 5.  New Title:  DEPARTMENT RESPONSIBILITIES.  Provides that the
commission's authorization to contract with certain entities to perform a
review and inspection under this section pertains to facilities, rather
than privately financed buildings, that are not leased by the state or
political subdivision.  Deletes text regarding the time frame that certain
plans are required to be submitted to the Texas Department of Licensing and
Regulation (department).  Includes a landscape architect in the list of
persons who if the person has overall responsibility for the design of the
constructed or reconstructed building or facility is required to submit the
plans and specifications to the department within a specified time.
Requires the owner to submit the plans and specifications to the department
within a specified time if there is no such other person as described in
this section  with responsibility, and proof of submission to a local
governmental entity on application for a related building permit.  Requires
the department to notify certain state professional boards or a licensing
authority that regulates an individual, if a landscape architect fails to
submit the required plans.  Requires certain professional individuals to
submit their plans to the department for approval by a certain date.
Deletes the requirement that automatically approves certain resubmitted
plans within a certain date if not approved by that date.  Deletes certain
requirements that the commissioner contract with a municipality regarding
inspection functions for privately financed buildings.  Deletes the
provision requiring the commissioner to require certain personnel to comply
with qualification or certification requirements adopted or approved by the
commissioner.  Deletes the provision requiring the commissioner to adopt
such qualification or certification requirements. Makes conforming and
nonsubstantive changes.   

SECTION 7.  Amends Section 6, Article 9102, V.T.C.S., as follows:

Sec.  6.  New Title.  FEES.  Requires the commission to set and charge
certain fees in accordance with Article 9100, V.T.C.S., rather than Section
12, Article 9100, V.T.C.S. 

SECTION 8.  Amends Section 7(d), Article 9102, V.T.C.S., to make conforming
changes. 

SECTION 9.  Amends Section 681.009(b), Transportation Code, to provide that
a political subdivision must designate certain parking spaces as
established by the commission, under Section 5(i), Article 9102, V.T.C.S.,
rather than the commissioner under Section 5(c), Article 9102, V.T.C.S. 

SECTION 10.  Requires certain rules adopted by the commissioner to continue
as a rule of the commission. 

SECTION 11.Makes application of this Act prospective.

SECTION 12.Effective date: September 1, 1999.

SECTION 13.Emergency clause.