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