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.