SRC-JBJ S.B. 959 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 959
76R3615 CLG-DBy: Barrientos
State Affairs
4/19/1999
As Filed


DIGEST 

In 1990, the U.S. Congress approved an architectural barriers program
called the Americans with Disabilities Act (ADA), similar to Texas'
architectural barrier law passed in 1970.  There exists some
inconsistencies between the two programs.  The commissioner of licensing
and regulation oversees laws regarding architectural barriers.  S.B. 959
would amend certain provisions of Texas's compliance with ADA and makes the
board of the Texas Commission of Licensing and Regulation, rather than the
commissioner, the enforcer of ADA. 

PURPOSE

As proposed, S.B. 959 amends certain provisions of Texas' compliance with
the Americans with Disabilities Act. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 13(a), Article 1900, V.T.C.S., to prohibit the
Texas Commission of Licensing and Regulation (commission) from delegating
to the commissioner of licensing and regulation (commissioner) the
authority to exercise all or part of the commission's duties and functions
under Article 9102, V.T.C.S. 

SECTION 2.  Amends Section 1, Article 9102, V.T.C.S., to delete in the
state policy the provision "when such persons cannot readily use public
building" in the intention to eliminate unnecessary barriers encountered by
persons with disabilities whose ability to engage in gainful occupations or
to achieve maximum personal independence is needlessly restricted when such
persons cannot readily use public buildings. 

SECTION 3.  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 on or after January 1, 1970, rather than a
facility used by the building or substantially renovated on or after
January 1, 1970;  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 on or after
January 1, 1992, rather than to a facility defined as a "public
accommodation" by ADA, or substantially renovated by January 1, 1992.
Requires certain owners to present proof required by Subsection (c) (2) to
the commission, rather than the 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 would result in a violation of the ADA and its subsequent
amendments.  Makes conforming changes.   

SECTION 4.  Amends Section 2(c), Article 9102, V.T.C.S., to make conforming
changes. 

SECTION 5.  Amends Section 3(b), Article 9102, V.T.C.S., to make conforming
changes.   

SECTION 6.  Amends Section 4, Article 9102, V.T.C.S., to redefine
"architect" and define "disability," and to define "interior designer" and
"landscape architect." 

SECTION 7.  Amends Section 5, Article 9102, V.T.C.S., as follows:
 
Sec. 5.  New heading:  DEPARTMENT RESPONSIBILITIES.  Authorizes the
commission to contract with certain agencies to perform a review and
inspection for facilities, rather than privately financed buildings, that
are not leased by the state or political subdivision.  Requires the
standards and specifications to be adopted by the commission under this
article to be equivalent to or more stringent than those adopted under
federal law, rather than consistent with the ADA and published for the
public.  Requires certain reviews by the Texas Department of Licensing and
Regulation (department) to be approved within a certain date after
construction begins, rather than before construction.  Deletes the
requirement that automatically approves certain resubmitted plans within a
certain date if not approved by that date.  Requires plans relating to the
building to be submitted to the department by the landscape architect, or
the owner if there is no landscape architect.  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.  Deletes certain requirements that the department contract
with a municipality regarding inspection functions for privately financed
buildings.  Makes conforming and nonsubstantive changes.   

SECTION 8.  Amends Section 6, Article 9102, V.T.C.S., to require the
commission to set and charge in accordance with Article 9100, V.T.C.S.,
certain fees, rather than charge the fees in accordance with Section 12,
Article 9100, V.T.C.S. 

SECTION 9.  Amends Section 7(d), Article 9102, V.T.C.S., to make conforming
changes. 

SECTION 10.  Amends Section 681.009(b), Transportation Code, to require a
political subdivision to designate certain parking spaces as established by
the Texas Commission of Licensing and Regulation, under Section 5(i),
Article 9102, V.T.C.S., rather than the commissioner of licensing and
regulation under Section 5(c), Article 9102, V.T.C.S. 

SECTION 11.  Requires certain rules adopted by the commissioner to continue
as a rule of the commission. 

SECTION 12.Makes application of this Act prospective.

SECTION 13.Effective date: September 1, 1999.

SECTION 14.Emergency clause.