76R12659 CLG-F                           
         By Moreno of Harris                                   H.B. No. 3194
         Substitute the following for H.B. No. 3194:
         By Wilson                                         C.S.H.B. No. 3194
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the law relating to architectural barriers.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 1, Article 9102, Revised Statutes, is
 1-5     amended to read as follows:
 1-6           Sec. 1.  POLICY.  The provisions of this article are to
 1-7     further the policy of the State of Texas to encourage and promote
 1-8     the rehabilitation of persons with disabilities and to eliminate,
 1-9     insofar as possible, unnecessary barriers encountered by persons
1-10     with disabilities, whose ability to engage in gainful occupations
1-11     or to achieve maximum personal independence is needlessly
1-12     restricted [when such persons cannot readily use public buildings].
1-13           SECTION 2.  Sections 2(a), (d), (e), and (f), Article 9102,
1-14     Revised Statutes, are amended to read as follows:
1-15           (a)  The standards adopted under this article apply to:
1-16                 (1)  a building or facility used by the public that is
1-17     constructed, or [substantially] renovated, modified, or altered, in
1-18     whole or in part on or after January 1, 1970, through the use of
1-19     state, county, or municipal funds, or the funds of any political
1-20     subdivision of the state;
1-21                 (2)  the temporary or emergency construction of a
1-22     building or facility described by this subsection or Subsection (b)
1-23     of this section;
1-24                 (3)  a building leased or occupied in whole or in part
 2-1     for use by the state under any lease or rental agreement entered
 2-2     into on or after January 1, 1972;
 2-3                 (4)  a privately funded building or facility defined as
 2-4     a "public accommodation" by Section 301(7) of the Americans with
 2-5     Disabilities Act of 1990 (42 U.S.C.  Section 12181), and its
 2-6     subsequent amendments, that is constructed or [substantially]
 2-7     renovated, modified, or altered on or after January 1,  1992; and
 2-8                 (5)  a privately funded building or facility defined as
 2-9     a "commercial facility" by Section 301, Americans with Disabilities
2-10     Act of 1990 (42 U.S.C. Section 12181), and its subsequent
2-11     amendments, that is constructed or [substantially] renovated,
2-12     modified, or altered on or after September 1, 1993.
2-13           (d)  An owner of a building described by Subsection (a)(3) of
2-14     this section or of a building or facility leased or rented for use
2-15     by the state through the use of federal funds, or the owner's
2-16     designated agent, must present to the commission [commissioner] the
2-17     proof required by Subsection (c)(2) of this section before the date
2-18     the owner:
2-19                 (1)  submits a bid proposal in relation to the award of
2-20     a contract for the lease or rental of the building or facility; or
2-21                 (2)  is awarded the contract for the lease or rental of
2-22     the building or facility if the state does not advertise for bids.
2-23           (e)  The commission [commissioner] may not waive or modify
2-24     any standard or specification when:
2-25                 (1)  waiving or modifying a standard or specification
2-26     would result in a significant impairment of the acquisition of
2-27     goods and services by persons with disabilities or substantially
 3-1     reduce the potential for employment of persons with disabilities;
 3-2                 (2)  the commission knows that waiving or modifying a
 3-3     standard or specification would result in a violation of the
 3-4     Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et
 3-5     seq.), and its subsequent amendments; or
 3-6                 (3) [(2)]  the proof presented to the commission
 3-7     [commissioner] under Subsection (c)(2) of this section is not
 3-8     adequate.
 3-9           (f)  All evidence supporting waiver or modification
3-10     determinations made by the commission [commissioner] shall be made
3-11     a matter of record and become part of the file system maintained by
3-12     the department.
3-13           SECTION 3.  Section 2(c), Article 9102, Revised Statutes, as
3-14     amended by Chapters 684 and 821, Acts of the 73rd Legislature,
3-15     Regular Session, 1993, is reenacted and amended to read as follows:
3-16           (c)  The commission [commissioner] may waive or modify
3-17     accessibility standards adopted under this article when:
3-18                 (1)  the application of the standards is considered by
3-19     the commission [commissioner] to be irrelevant to the nature, use,
3-20     or function of a building or facility covered by this article; or
3-21                 (2)  the owner of a building or facility that is the
3-22     subject of a request for a waiver or modification of a standard
3-23     under this subsection, or the owner's designated agent, presents
3-24     proof to the commission [commissioner] that compliance with the
3-25     particular standard is impracticable.
3-26           SECTION 4.  Section 3(b), Article 9102, Revised Statutes, is
3-27     amended to read as follows:
 4-1           (b)  It is intended to make all buildings and facilities
 4-2     covered by this article accessible to, and functional for, persons
 4-3     with disabilities to, through, and within their doors, without loss
 4-4     of function, space, or facilities [where the general public is
 4-5     concerned].
 4-6           SECTION 5.  Section 4, Article 9102, Revised Statutes, is
 4-7     amended to read as follows:
 4-8           Sec. 4.  In [For the purpose of] this article [the following
 4-9     terms have the meanings as herein set forth]:
4-10                 (1)  "Architect" means a person registered as an
4-11     architect under Chapter 478, Acts of the 45th Legislature, Regular
4-12     Session, 1937 (Article 249a, Vernon's Texas Civil Statutes)
4-13     ["Disability" means with respect to an individual a physical or
4-14     mental impairment  that substantially limits one or more of the
4-15     major life activities of such individual].
4-16                 (2)  "Commission" means the Texas Commission of
4-17     Licensing and Regulation.
4-18                 (3)  "Commissioner" means the commissioner of licensing
4-19     and regulation.
4-20                 (4)  "Department" means the Texas Department of
4-21     Licensing and Regulation.
4-22                 (5)  "Disability" means with respect to an individual a
4-23     physical or mental impairment that substantially limits one or more
4-24     of the major life activities of such individual ["Architect" means
4-25     a person registered as an architect under Chapter 478, Acts of the
4-26     45th Legislature, Regular Session, 1937 (Article 249a, Vernon's
4-27     Texas Civil Statutes)].
 5-1                 (6)  "Engineer" means a person registered as an
 5-2     engineer under The Texas Engineering Practice Act (Article 3271a,
 5-3     Vernon's Texas Civil Statutes).
 5-4                 (7)  "Interior designer" means a person registered as
 5-5     an interior designer under Article 249e, Revised Statutes.
 5-6                 (8)  "Landscape architect" means a person registered to
 5-7     practice landscape architecture under Chapter 457, Acts of the 61st
 5-8     Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
 5-9     Civil Statutes).
5-10           SECTION 6.  Section 5, Article 9102, Revised Statutes, is
5-11     amended to read as follows:
5-12           Sec. 5.  DEPARTMENT RESPONSIBILITIES [FOR ENFORCEMENT].  (a)
5-13     In the administration and enforcement of this article, the
5-14     commission [commissioner] shall have the assistance of appropriate
5-15     state  rehabilitation agencies and of the Governor's Committee on
5-16     People with Disabilities in carrying out commission [commissioner]
5-17     responsibilities.
5-18           (b)  State agencies involved in extending direct services to
5-19     persons with disabilities are authorized to enter into interagency
5-20     contracts with the department to provide such additional funding as
5-21     might be required to insure that service objectives and
5-22     responsibilities of such agencies are achieved through the
5-23     administration of this article.
5-24           (c)  In enforcing this article the commission [commissioner]
5-25     shall also receive the assistance of all appropriate elective or
5-26     appointive state officials.
5-27           (d)  The commission [commissioner] may contract with other
 6-1     state agencies, political subdivisions, nonprofit organizations,
 6-2     and private independent contractors to perform the commission's
 6-3     [commissioner's] review and inspection functions for facilities
 6-4     [privately financed buildings] that are not leased by the state or
 6-5     a political subdivision and may terminate those contracts for
 6-6     cause.
 6-7           (e)  The department shall from time to time inform
 6-8     professional organizations and others, including persons with
 6-9     disabilities, architects, engineers, and other building
6-10     professionals, of this law and its application.  Information
6-11     disseminated by the department about the program shall include the
6-12     types of buildings and leases covered by this article, the
6-13     procedures for submitting plans and specifications for review,
6-14     complaint procedures, and the address and phone number of the
6-15     department's program.
6-16           (f)  The department may enter into cooperative agreements to
6-17     integrate information about the program with information produced
6-18     or distributed by other public entities or by private entities.
6-19           (g) [(b)]  The commission [commissioner] has all necessary
6-20     powers to require compliance with the department's rules and
6-21     regulations and modifications thereof and substitutions therefor.
6-22           (h)  The commission may also impose an administrative penalty
6-23     under [Section 17,] Article 9100, Revised Statutes, on a building
6-24     owner for a violation of this article or a rule adopted under this
6-25     article.  Each day that the violation is not corrected constitutes
6-26     a separate violation.  When [The commissioner when] the commission
6-27     considers imposing an administrative penalty under this section,
 7-1     the commission shall first notify a person responsible for the
 7-2     building and allow that person 90 days to bring the building into
 7-3     compliance. The commission [commissioner] shall have the authority
 7-4     to extend the 90-day period when circumstances justify such
 7-5     extension.
 7-6           (i) [(c)]  The standards and specifications to be adopted by
 7-7     the commission [commissioner] under this article shall be
 7-8     consistent in effect to those adopted by the American National
 7-9     Standards Institute, Inc.  (or its federally recognized successor
7-10     in function), and the department shall publish the standards and
7-11     specifications in a readily accessible form for the use of
7-12     interested parties.  The standards, specifications, and other rules
7-13     to be adopted by the commission [commissioner] under this article
7-14     shall also be consistent with those adopted under federal law.
7-15           (j) [(d)]  All plans and specifications for construction or
7-16     for the substantial renovation, modification, or alteration of a
7-17     building or facility that has an estimated construction cost of
7-18     $50,000 or more and that is subject to the provisions of this
7-19     article shall be submitted to the department for review and
7-20     approval prior to the time that construction or that [substantial]
7-21     renovation, modification, or alteration on the building or facility
7-22     begins in accordance with rules [and regulations] adopted by the
7-23     commission [commissioner].
7-24           (k)  Plans and specifications related to the building or
7-25     facility shall be submitted to the department by the architect,
7-26     interior designer, landscape architect, or engineer who has overall
7-27     responsibility for the design of the constructed or reconstructed
 8-1     building or facility.  The architect shall submit the plans and
 8-2     specifications to the department not later than the fifth day after
 8-3     the date on which the architect places the architect's seal on the
 8-4     plans and specifications.  The owner shall submit the plans and
 8-5     specifications to the department if there is no architect, interior
 8-6     designer, landscape architect, or engineer with that
 8-7     responsibility.  On application to a local governmental entity for
 8-8     a building construction permit related to the plans and
 8-9     specifications, the owner shall submit to the entity proof that the
8-10     plans and specifications have been submitted to the department
8-11     under this article.
8-12           (l)  Any [Likewise, any] substantial modification of approved
8-13     plans shall be resubmitted to the department for review and
8-14     approval.  [The plans and specifications that are not approved or
8-15     disapproved by the department within 30 days from the receipt of
8-16     the plans and specifications are automatically approved.]
8-17           (m)  If an architect, interior designer, landscape architect,
8-18     or engineer required to submit or resubmit plans and specifications
8-19     to  the department fails to do so in a timely manner, the
8-20     commission [commissioner] shall report the fact to the Texas Board
8-21     of Architectural Examiners, [or] the State Board of Registration
8-22     for Professional Engineers, or a licensing authority that regulates
8-23     the individual, as appropriate.
8-24           (n) [(e)]  The commission [commissioner] may review plans and
8-25     specifications, make inspections, and issue certifications that
8-26     structures not otherwise covered by this article are free of
8-27     architectural barriers and in compliance with the provisions of
 9-1     this article.  The department shall inspect each building and
 9-2     facility that has an estimated construction cost of $50,000 or more
 9-3     and that is subject to this article not later than the first
 9-4     anniversary of the date that construction or substantial
 9-5     renovation, modification, or alteration of the building or facility
 9-6     is completed.
 9-7           (o) [(f)(1)  The commissioner shall contract with a
 9-8     municipality to perform the commissioner's review and inspection
 9-9     functions for privately financed buildings that are not leased by
9-10     the state or a political subdivision if:]
9-11                       [(A)  the municipality requests permission to
9-12     perform such duties;]
9-13                       [(B)  the municipality is staffed with a
9-14     sufficient number of qualified personnel to perform such duties in
9-15     the judgment of the commissioner; and]
9-16                       [(C)  the municipality agrees to contract terms
9-17     required by the commissioner.]
9-18                 [(2)  The commissioner shall require municipal
9-19     personnel who perform such duties to comply with qualification or
9-20     certification requirements adopted or approved by the commissioner.
9-21     The commissioner, not later than April 1, 1994, shall adopt
9-22     qualification requirements or implement certification programs
9-23     under this subsection and shall commence entering into contracts
9-24     with municipalities qualifying under this subsection.]
9-25           [(g)]  The standards and specifications adopted by the
9-26     commission [commissioner] under this article that apply
9-27     specifically to a building or facility occupied by a state agency
 10-1    involved in extending direct services to persons with mobility
 10-2    impairments also apply to a building or facility that is occupied
 10-3    by the Texas Rehabilitation Commission.
 10-4          (p) [(h)]  Notwithstanding other provisions of this article,
 10-5    the commission [commissioner] shall require complete compliance
 10-6    with the  standards and specifications prescribed or referenced by
 10-7    Subsection (o) [(g)] of this section.  The department and the
 10-8    General Services Commission shall ensure that all buildings and
 10-9    facilities leased or built by or for the state to which those
10-10    standards apply comply with those standards.  Notwithstanding other
10-11    provisions of this article, the department shall perform an on-site
10-12    inspection of all buildings and facilities to be leased by the
10-13    state before the building or facility is occupied by the state for
10-14    compliance with all accessibility standards and specifications
10-15    adopted under this article.  The leasing agency or the General
10-16    Services Commission, as applicable, shall cancel the lease unless
10-17    the lessor brings into compliance any condition that the inspection
10-18    finds not to be in compliance with all applicable standards and
10-19    specifications not later than:
10-20                (1)  the 60th day after the date the department
10-21    delivers the results of the inspection to the lessor or the
10-22    lessor's agent; or
10-23                (2)  a later date established by the commission
10-24    [commissioner] if circumstances justify a later date.
10-25          SECTION 7.  Section 6, Article 9102, Revised Statutes, is
10-26    amended to read as follows:
10-27          Sec. 6.  FEES.   The commission shall set and charge, in
 11-1    accordance with [Section 12,] Article 9100, Revised Statutes, fees
 11-2    for performing its functions under this article.  The fees shall be
 11-3    paid by the owner of a building when the department performs a
 11-4    function related to the building under this article.  The fees must
 11-5    include a fee for:
 11-6                (1)  reviewing the plans or specifications of a
 11-7    building;
 11-8                (2)  inspecting a building; and
 11-9                (3)  processing a request to waive or modify
11-10    accessibility standards for a building.
11-11          SECTION 8.  Section 7(d), Article 9102, Revised Statutes, is
11-12    amended to read as follows:
11-13          (d)  The committee periodically shall review the rules
11-14    relating to the architectural barriers program and recommend
11-15    changes in the rules to the commission and the commissioner.  The
11-16    commission [commissioner] shall submit all proposed changes to
11-17    rules and  procedures that relate to the architectural barriers
11-18    program to the committee for review and comment before adoption or
11-19    implementation of the new or amended rule or procedure.
11-20          SECTION 9.  Section 681.009(b), Transportation Code, is
11-21    amended to read as follows:
11-22          (b)  A political subdivision must designate a parking space
11-23    or area by conforming to the standards and specifications adopted
11-24    by the Texas Commission [commissioner] of Licensing and Regulation
11-25    [licensing and regulation] under Section 5(i) [(c)], Article 9102,
11-26    Revised Statutes, relating  to the identification and dimensions of
11-27    parking spaces for persons with disabilities.  A person who owns or
 12-1    controls private property used for parking may designate a parking
 12-2    space or area without conforming to those standards and
 12-3    specifications, unless required to conform by law.
 12-4          SECTION 10.  On the effective date of this Act, a rule that
 12-5    was previously adopted by the commissioner of licensing and
 12-6    regulation under Article 9102, Revised Statutes, as that article
 12-7    existed before amendment by this Act, and that is in effect
 12-8    immediately before the effective date of this Act, becomes a rule
 12-9    of the Texas Commission of Licensing and Regulation and remains in
12-10    effect until repealed or superseded by a rule adopted by the
12-11    commission.
12-12          SECTION 11.  The changes in law made by this Act to Section
12-13    5, Article 9102, Revised Statutes, apply only  to a plan or
12-14    specification for the elimination of architectural barriers that is
12-15    originally submitted to the Texas Department of Licensing and
12-16    Regulation or after the effective date of this Act.  A plan or
12-17    specification submitted before the effective date of this Act is
12-18    governed by the law in effect on the date that the plan or
12-19    specification was submitted, and the former law is continued in
12-20    effect for that purpose.
12-21          SECTION 12.  This Act takes effect September 1, 1999.
12-22          SECTION 13.  The importance of this legislation and the
12-23    crowded condition of the calendars in both houses create an
12-24    emergency and an imperative public necessity that the
12-25    constitutional rule requiring bills to be read on three several
12-26    days in each house be suspended, and this rule is hereby suspended.