By: Barrientos S.B. No. 959
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the law relating to architectural barriers.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 1, Article 9102, Revised Statutes, is
1-4 amended to read as follows:
1-5 Sec. 1. POLICY. The provisions of this article are to
1-6 further the policy of the State of Texas to encourage and promote
1-7 the rehabilitation of persons with disabilities and to eliminate,
1-8 insofar as possible, unnecessary barriers encountered by persons
1-9 with disabilities, whose ability to engage in gainful occupations
1-10 or to achieve maximum personal independence is needlessly
1-11 restricted [when such persons cannot readily use public buildings].
1-12 SECTION 2. Subsections (a), (d), (e), and (f), Section 2,
1-13 Article 9102, Revised Statutes, are amended to read as follows:
1-14 (a) The standards adopted under this article apply to:
1-15 (1) a building or facility used by the public that is
1-16 constructed, or [substantially] renovated, modified, or altered, in
1-17 whole or in part on or after January 1, 1970, through the use of
1-18 state, county, or municipal funds, or the funds of any political
1-19 subdivision of the state;
1-20 (2) the temporary or emergency construction of a
1-21 building or facility described by this subsection or Subsection (b)
1-22 of this section;
1-23 (3) a building leased or occupied in whole or in part
1-24 for use by the state under any lease or rental agreement entered
2-1 into on or after January 1, 1972;
2-2 (4) a privately funded building or facility defined as
2-3 a "public accommodation" by Section 301(7) of the Americans with
2-4 Disabilities Act of 1990 (42 U.S.C. Section 12181), and its
2-5 subsequent amendments, that is constructed or [substantially]
2-6 renovated, modified, or altered on or after January 1, 1992; and
2-7 (5) a privately funded building or facility defined as
2-8 a "commercial facility" by Section 301, Americans with Disabilities
2-9 Act of 1990 (42 U.S.C. Section 12181), and its subsequent
2-10 amendments, that is constructed or [substantially] renovated,
2-11 modified, or altered on or after September 1, 1993.
2-12 (d) An owner of a building described by Subsection (a)(3) of
2-13 this section or of a building or facility leased or rented for use
2-14 by the state through the use of federal funds, or the owner's
2-15 designated agent, must present to the commission [commissioner] the
2-16 proof required by Subsection (c)(2) of this section before the date
2-17 the owner:
2-18 (1) submits a bid proposal in relation to the award of
2-19 a contract for the lease or rental of the building or facility; or
2-20 (2) is awarded the contract for the lease or rental of
2-21 the building or facility if the state does not advertise for bids.
2-22 (e) The commission [commissioner] may not waive or modify
2-23 any standard or specification when:
2-24 (1) waiving or modifying a standard or specification
2-25 would result in a significant impairment of the acquisition of
2-26 goods and services by persons with disabilities or substantially
3-1 reduce the potential for employment of persons with disabilities;
3-2 [or]
3-3 (2) the commission knows that waiving or modifying a
3-4 standard or specification would result in a violation of the
3-5 Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et
3-6 seq.), and its subsequent amendments; or
3-7 (3) the proof presented to the commission
3-8 [commissioner] under Subsection (c)(2) of this section is not
3-9 adequate.
3-10 (f) All evidence supporting waiver or modification
3-11 determinations made by the commission [commissioner] shall be made
3-12 a matter of record and become part of the file system maintained by
3-13 the department.
3-14 SECTION 3. Subsection (c), Section 2, Article 9102, Revised
3-15 Statutes, as amended by Chapters 684 and 821, Acts of the 73rd
3-16 Legislature, Regular Session, 1993, is reenacted and amended to
3-17 read as follows:
3-18 (c) The commission [commissioner] may waive or modify
3-19 accessibility standards adopted under this article when:
3-20 (1) the application of the standards is considered by
3-21 the commission [commissioner] to be irrelevant to the nature, use,
3-22 or function of a building or facility covered by this article; or
3-23 (2) the owner of a building or facility that is the
3-24 subject of a request for a waiver or modification of a standard
3-25 under this subsection, or the owner's designated agent, presents
3-26 proof to the commission [commissioner] that compliance with the
4-1 particular standard is impracticable.
4-2 SECTION 4. Subsection (b), Section 3, Article 9102, Revised
4-3 Statutes, is amended to read as follows:
4-4 (b) It is intended to make all buildings and facilities
4-5 covered by this article accessible to, and functional for, persons
4-6 with disabilities to, through, and within their doors, without loss
4-7 of function, space, or facilities [where the general public is
4-8 concerned].
4-9 SECTION 5. Section 4, Article 9102, Revised Statutes, is
4-10 amended to read as follows:
4-11 Sec. 4. DEFINITIONS. In [For the purpose of] this article
4-12 [the following terms have the meanings as herein set forth]:
4-13 (1) "Architect" means a person registered as an
4-14 architect under Chapter 478, Acts of the 45th Legislature, Regular
4-15 Session, 1937 (Article 249a, Vernon's Texas Civil Statutes)
4-16 ["Disability" means with respect to an individual a physical or
4-17 mental impairment that substantially limits one or more of the
4-18 major life activities of such individual].
4-19 (2) "Commission" means the Texas Commission of
4-20 Licensing and Regulation.
4-21 (3) "Commissioner" means the commissioner of licensing
4-22 and regulation.
4-23 (4) "Department" means the Texas Department of
4-24 Licensing and Regulation.
4-25 (5) "Disability" means with respect to an individual a
4-26 physical or mental impairment that substantially limits one or more
5-1 of the major life activities of such individual ["Architect" means
5-2 a person registered as an architect under Chapter 478, Acts of the
5-3 45th Legislature, Regular Session, 1937 (Article 249a, Vernon's
5-4 Texas Civil Statutes)].
5-5 (6) "Engineer" means a person registered as an
5-6 engineer under The Texas Engineering Practice Act (Article 3271a,
5-7 Vernon's Texas Civil Statutes).
5-8 (7) "Interior designer" means a person registered as
5-9 an interior designer under Article 249e, Revised Statutes.
5-10 (8) "Landscape architect" means a person registered as
5-11 a landscape architect under Chapter 457, Acts of the 61st
5-12 Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
5-13 Civil Statutes).
5-14 SECTION 6. Section 5, Article 9102, Revised Statutes, is
5-15 amended to read as follows:
5-16 Sec. 5. DEPARTMENT RESPONSIBILITIES [FOR ENFORCEMENT].
5-17 (a) In the administration and enforcement of this article, the
5-18 commission [commissioner] shall have the assistance of appropriate
5-19 state rehabilitation agencies and of the Governor's Committee on
5-20 People with Disabilities in carrying out commission [commissioner]
5-21 responsibilities.
5-22 (b) State agencies involved in extending direct services to
5-23 persons with disabilities are authorized to enter into interagency
5-24 contracts with the department to provide such additional funding as
5-25 might be required to insure that service objectives and
5-26 responsibilities of such agencies are achieved through the
6-1 administration of this article.
6-2 (c) In enforcing this article the commission [commissioner]
6-3 shall also receive the assistance of all appropriate elective or
6-4 appointive state officials.
6-5 (d) The commission [commissioner] may contract with other
6-6 state agencies, political subdivisions, nonprofit organizations,
6-7 and private independent contractors to perform the commission's
6-8 [commissioner's] review and inspection functions for facilities
6-9 [privately financed buildings] that are not leased by the state or
6-10 a political subdivision and may terminate those contracts for
6-11 cause.
6-12 (e) The department shall from time to time inform
6-13 professional organizations and others, including persons with
6-14 disabilities, architects, engineers, and other building
6-15 professionals, of this law and its application. Information
6-16 disseminated by the department about the program shall include the
6-17 types of buildings and leases covered by this article, the
6-18 procedures for submitting plans and specifications for review,
6-19 complaint procedures, and the address and phone number of the
6-20 department's program.
6-21 (f) The department may enter into cooperative agreements to
6-22 integrate information about the program with information produced
6-23 or distributed by other public entities or by private entities.
6-24 (g) [(b)] The commission [commissioner] has all necessary
6-25 powers to require compliance with the department's rules and
6-26 regulations and modifications thereof and substitutions therefor.
7-1 (h) The commission may also impose an administrative penalty
7-2 under [Section 17,] Article 9100, Revised Statutes, on a building
7-3 owner for a violation of this article or a rule adopted under this
7-4 article. Each day that the violation is not corrected constitutes
7-5 a separate violation. When [The commissioner when] the commission
7-6 considers imposing an administrative penalty under this section,
7-7 the commission shall first notify a person responsible for the
7-8 building and allow that person 90 days to bring the building into
7-9 compliance. The commission [commissioner] shall have the authority
7-10 to extend the 90-day period when circumstances justify such
7-11 extension.
7-12 (i) [(c)] The standards and specifications to be adopted by
7-13 the commission [commissioner] under this article shall be
7-14 consistent in effect to those adopted by the American National
7-15 Standards Institute, Inc. (or its federally recognized successor in
7-16 function), and the department shall publish the standards and
7-17 specifications in a readily accessible form for the use of
7-18 interested parties. The standards, specifications, and other rules
7-19 to be adopted by the commission [commissioner] under this article
7-20 shall also be consistent with those adopted under federal law.
7-21 (j) [(d)] All plans and specifications for construction or
7-22 for the substantial renovation, modification, or alteration of a
7-23 building or facility that has an estimated construction cost of
7-24 $50,000 or more and that is subject to the provisions of this
7-25 article shall be submitted to the department for review and
7-26 approval [prior to the time that construction or that substantial
8-1 renovation, modification, or alteration on the building or facility
8-2 begins in accordance with rules and regulations adopted by the
8-3 commissioner].
8-4 (k) Plans and specifications related to the building or
8-5 facility shall be submitted to the department by the architect,
8-6 interior designer, landscape architect, or engineer who has overall
8-7 responsibility for the design of the constructed or reconstructed
8-8 building or facility. The architect, interior designer, landscape
8-9 architect, or engineer shall submit the plans and specifications to
8-10 the department not later than the fifth day after the date on which
8-11 the architect, interior designer, landscape architect, or engineer,
8-12 as appropriate, places the applicable professional seal on the
8-13 plans and specifications. If [The owner shall submit the plans and
8-14 specifications to the department if] there is no architect,
8-15 interior designer, landscape architect, or engineer with that
8-16 responsibility, the owner shall submit the plans and specifications
8-17 to the department at least 30 days within the date the construction
8-18 or renovation, modification, or alteration on the building or
8-19 facility begins. On application to a local governmental entity for
8-20 a building construction permit related to the plans and
8-21 specifications, the owner shall submit to the entity proof that the
8-22 plans and specifications have been submitted to the department
8-23 under this article.
8-24 (l) Any [Likewise, any] substantial modification of approved
8-25 plans shall be resubmitted to the department for review and
8-26 approval.
9-1 (m) [The plans and specifications that are not approved or
9-2 disapproved by the department within 30 days from the receipt of
9-3 the plans and specifications are automatically approved.] If an
9-4 architect, interior designer, landscape architect, or engineer
9-5 required to submit or resubmit plans and specifications to the
9-6 department fails to do so in a timely manner, the commission
9-7 [commissioner] shall report the fact to the Texas Board of
9-8 Architectural Examiners, [or] the State Board of Registration for
9-9 Professional Engineers, or a licensing authority that regulates the
9-10 individual, as appropriate.
9-11 (n) [(e)] The commission [commissioner] may review plans and
9-12 specifications, make inspections, and issue certifications that
9-13 structures not otherwise covered by this article are free of
9-14 architectural barriers and in compliance with the provisions of
9-15 this article. The department shall inspect each building and
9-16 facility that has an estimated construction cost of $50,000 or more
9-17 and that is subject to this article not later than the first
9-18 anniversary of the date that construction or substantial
9-19 renovation, modification, or alteration of the building or facility
9-20 is completed.
9-21 (o) [(f)(1) The commissioner shall contract with a
9-22 municipality to perform the commissioner's review and inspection
9-23 functions for privately financed buildings that are not leased by
9-24 the state or a political subdivision if:]
9-25 [(A) the municipality requests permission to
9-26 perform such duties;]
10-1 [(B) the municipality is staffed with a
10-2 sufficient number of qualified personnel to perform such duties in
10-3 the judgment of the commissioner; and]
10-4 [(C) the municipality agrees to contract terms
10-5 required by the commissioner.]
10-6 [(2) The commissioner shall require municipal
10-7 personnel who perform such duties to comply with qualification or
10-8 certification requirements adopted or approved by the commissioner.
10-9 The commissioner, not later than April 1, 1994, shall adopt
10-10 qualification requirements or implement certification programs
10-11 under this subsection and shall commence entering into contracts
10-12 with municipalities qualifying under this subsection.]
10-13 [(g)] The standards and specifications adopted by the
10-14 commission [commissioner] under this article that apply
10-15 specifically to a building or facility occupied by a state agency
10-16 involved in extending direct services to persons with mobility
10-17 impairments also apply to a building or facility that is occupied
10-18 by the Texas Rehabilitation Commission.
10-19 (p) [(h)] Notwithstanding other provisions of this article,
10-20 the commission [commissioner] shall require complete compliance
10-21 with the standards and specifications prescribed or referenced by
10-22 Subsection (o) [(g)] of this section. The department and the
10-23 General Services Commission shall ensure that all buildings and
10-24 facilities leased or built by or for the state to which those
10-25 standards apply comply with those standards. Notwithstanding other
10-26 provisions of this article, the department shall perform an on-site
11-1 inspection of all buildings and facilities to be leased by the
11-2 state before the building or facility is occupied by the state for
11-3 compliance with all accessibility standards and specifications
11-4 adopted under this article. The leasing agency or the General
11-5 Services Commission, as applicable, shall cancel the lease unless
11-6 the lessor brings into compliance any condition that the inspection
11-7 finds not to be in compliance with all applicable standards and
11-8 specifications not later than:
11-9 (1) the 60th day after the date the department
11-10 delivers the results of the inspection to the lessor or the
11-11 lessor's agent; or
11-12 (2) a later date established by the commission
11-13 [commissioner] if circumstances justify a later date.
11-14 SECTION 7. Section 6, Article 9102, Revised Statutes, is
11-15 amended to read as follows:
11-16 Sec. 6. FEES. The commission shall set and charge, in
11-17 accordance with [Section 12,] Article 9100, Revised Statutes, fees
11-18 for performing its functions under this article. The fees shall be
11-19 paid by the owner of a building when the department performs a
11-20 function related to the building under this article. The fees must
11-21 include a fee for:
11-22 (1) reviewing the plans or specifications of a
11-23 building;
11-24 (2) inspecting a building; and
11-25 (3) processing a request to waive or modify
11-26 accessibility standards for a building.
12-1 SECTION 8. Subsection (d), Section 7, Article 9102, Revised
12-2 Statutes, is amended to read as follows:
12-3 (d) The committee periodically shall review the rules
12-4 relating to the architectural barriers program and recommend
12-5 changes in the rules to the commission and the commissioner. The
12-6 commission [commissioner] shall submit all proposed changes to
12-7 rules and procedures that relate to the architectural barriers
12-8 program to the committee for review and comment before adoption or
12-9 implementation of the new or amended rule or procedure.
12-10 SECTION 9. Subsection (b), Section 681.009, Transportation
12-11 Code, is amended to read as follows:
12-12 (b) A political subdivision must designate a parking space
12-13 or area by conforming to the standards and specifications adopted
12-14 by the Texas Commission [commissioner] of Licensing and Regulation
12-15 [licensing and regulation] under Section 5(i) [5(c)], Article 9102,
12-16 Revised Statutes, relating to the identification and dimensions of
12-17 parking spaces for persons with disabilities. A person who owns or
12-18 controls private property used for parking may designate a parking
12-19 space or area without conforming to those standards and
12-20 specifications, unless required to conform by law.
12-21 SECTION 10. On the effective date of this Act, a rule that
12-22 was previously adopted by the commissioner of licensing and
12-23 regulation under Article 9102, Revised Statutes, as that article
12-24 existed before amendment by this Act, and that is in effect
12-25 immediately before the effective date of this Act, becomes a rule
12-26 of the Texas Commission of Licensing and Regulation and remains in
13-1 effect until repealed or superseded by a rule adopted by the
13-2 commission.
13-3 SECTION 11. The changes in law made by this Act to Section
13-4 5, Article 9102, Revised Statutes, apply only to a plan or
13-5 specification for the elimination of architectural barriers that is
13-6 originally submitted to the Texas Department of Licensing and
13-7 Regulation or after the effective date of this Act. A plan or
13-8 specification submitted before the effective date of this Act is
13-9 governed by the law in effect on the date that the plan or
13-10 specification was submitted, and the former law is continued in
13-11 effect for that purpose.
13-12 SECTION 12. This Act takes effect September 1, 1999.
13-13 SECTION 13. The importance of this legislation and the
13-14 crowded condition of the calendars in both houses create an
13-15 emergency and an imperative public necessity that the
13-16 constitutional rule requiring bills to be read on three several
13-17 days in each house be suspended, and this rule is hereby suspended.