By Barrientos                                          S.B. No. 959
         76R3615 CLG-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the law relating to architectural barriers.
 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].
1-22           SECTION 3.  Sections 2(a), (d), (e), and (f), Article 9102,
1-23     Revised Statutes, are amended to read as follows:
1-24           (a)  The standards adopted under this article apply to:
 2-1                 (1)  a building or facility [used by the public] that
 2-2     is constructed, or [substantially] renovated, modified, or altered,
 2-3     in whole or in part on or after January 1, 1970, through the use of
 2-4     state, county, or municipal funds, or the funds of any political
 2-5     subdivision of the state;
 2-6                 (2)  the temporary or emergency construction of a
 2-7     building or facility described by this subsection or Subsection (b)
 2-8     of this section;
 2-9                 (3)  a building leased or occupied in whole or in part
2-10     for use by the state under any lease or rental agreement entered
2-11     into on or after January 1, 1972;
2-12                 (4)  a privately funded building or facility defined as
2-13     a "public accommodation" by Section 301(7) of the Americans with
2-14     Disabilities Act of 1990 (42 U.S.C.  Section 12181), and its
2-15     subsequent amendments, that is constructed or [substantially]
2-16     renovated, modified, or altered on or after January 1,  1992; and
2-17                 (5)  a privately funded building or facility defined as
2-18     a "commercial facility" by Section 301, Americans with Disabilities
2-19     Act of 1990 (42 U.S.C. Section 12181), and its subsequent
2-20     amendments, that is constructed or [substantially] renovated,
2-21     modified, or altered on or after September 1, 1993.
2-22           (d)  An owner of a building described by Subsection (a)(3) of
2-23     this section or of a building or facility leased or rented for use
2-24     by the state through the use of federal funds, or the owner's
2-25     designated agent, must present to the commission [commissioner] the
2-26     proof required by Subsection (c)(2) of this section before the date
2-27     the owner:
 3-1                 (1)  submits a bid proposal in relation to the award of
 3-2     a contract for the lease or rental of the building or facility; or
 3-3                 (2)  is awarded the contract for the lease or rental of
 3-4     the building or facility if the state does not advertise for bids.
 3-5           (e)  The commission [commissioner] may not waive or modify
 3-6     any standard or specification when:
 3-7                 (1)  waiving or modifying a standard or specification
 3-8     would result in a significant impairment of the acquisition of
 3-9     goods and services by persons with disabilities or substantially
3-10     reduce the potential for employment of persons with disabilities;
3-11                 (2)  the commission knows that waiving or modifying a
3-12     standard or specification would result in a violation of the
3-13     Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et
3-14     seq.), and its subsequent amendments; or
3-15                 (3) [(2)]  the proof presented to the commission
3-16     [commissioner] under Subsection (c)(2) of this section is not
3-17     adequate.
3-18           (f)  All evidence supporting waiver or modification
3-19     determinations made by the commission [commissioner] shall be made
3-20     a matter of record and become part of the file system maintained by
3-21     the department.
3-22           SECTION 4.  Section 2(c), Article 9102, Revised Statutes, as
3-23     amended by Chapter 821, Acts of the 73rd Legislature, Regular
3-24     Session, 1993, is amended to read as follows:
3-25           (c)  The commission [commissioner] may waive or modify
3-26     accessibility standards adopted under this article when:
3-27                 (1)  the application of the standards is considered by
 4-1     the commission [commissioner] to be irrelevant to the nature, use,
 4-2     or function of a building or facility covered by this article; or
 4-3                 (2)  the owner of a building or facility that is the
 4-4     subject of a request for a waiver or modification of a standard
 4-5     under this subsection, or the owner's designated agent, presents
 4-6     proof to the commission [commissioner] that compliance with the
 4-7     particular standard is impracticable.
 4-8           SECTION 5.  Section 3(b), Article 9102, Revised Statutes, is
 4-9     amended to read as follows:
4-10           (b)  It is intended to make all buildings and facilities
4-11     covered by this article accessible to, and functional for, persons
4-12     with disabilities to, through, and within their doors, without loss
4-13     of function, space, or facilities [where the general public is
4-14     concerned].
4-15           SECTION 6.  Section 4, Article 9102, Revised Statutes, is
4-16     amended to read as follows:
4-17           Sec. 4.  In [For the purpose of] this article [the following
4-18     terms have the meanings as herein set forth]:
4-19                 (1)  "Architect" means a person registered as an
4-20     architect under Chapter 478, Acts of the 45th Legislature, Regular
4-21     Session, 1937 (Article 249a, Vernon's Texas Civil Statutes)
4-22     ["Disability" means with respect to an individual a physical or
4-23     mental impairment  that substantially limits one or more of the
4-24     major life activities of such individual].
4-25                 (2)  "Commission" means the Texas Commission of
4-26     Licensing and Regulation.
4-27                 (3)  "Commissioner" means the commissioner of licensing
 5-1     and regulation.
 5-2                 (4)  "Department" means the Texas Department of
 5-3     Licensing and Regulation.
 5-4                 (5)  "Disability" means with respect to an individual a
 5-5     physical or mental impairment that substantially limits one or more
 5-6     of the major life activities of such individual ["Architect" means
 5-7     a person registered as an architect under Chapter 478, Acts of the
 5-8     45th Legislature, Regular Session, 1937 (Article 249a, Vernon's
 5-9     Texas Civil Statutes)].
5-10                 (6)  "Engineer" means a person registered as an
5-11     engineer under The Texas Engineering Practice Act (Article 3271a,
5-12     Vernon's Texas Civil Statutes).
5-13                 (7)  "Interior designer" means a person registered as
5-14     an interior designer under Article 249e, Revised Statutes.
5-15                 (8)  "Landscape architect" means a person registered to
5-16     practice landscape architecture under Chapter 457, Acts of the 61st
5-17     Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
5-18     Civil Statutes).
5-19           SECTION 7.  Section 5, Article 9102, Revised Statutes, is
5-20     amended to read as follows:
5-22     In the administration and enforcement of this article, the
5-23     commission [commissioner] shall have the assistance of appropriate
5-24     state  rehabilitation agencies and of the Governor's Committee on
5-25     People with Disabilities in carrying out commission [commissioner]
5-26     responsibilities.
5-27           (b)  State agencies involved in extending direct services to
 6-1     persons with disabilities are authorized to enter into interagency
 6-2     contracts with the department to provide such additional funding as
 6-3     might be required to insure that service objectives and
 6-4     responsibilities of such agencies are achieved through the
 6-5     administration of this article.
 6-6           (c)  In enforcing this article the commission [commissioner]
 6-7     shall also receive the assistance of all appropriate elective or
 6-8     appointive state officials.
 6-9           (d)  The commission [commissioner] may contract with other
6-10     state agencies, political subdivisions, nonprofit organizations,
6-11     and private independent contractors to perform the commission's
6-12     [commissioner's] review and inspection functions for facilities
6-13     [privately financed buildings] that are not leased by the state or
6-14     a political subdivision and may terminate those contracts for
6-15     cause.
6-16           (e)  The department shall from time to time inform
6-17     professional organizations and others, including persons with
6-18     disabilities, architects, engineers, and other building
6-19     professionals, of this law and its application.  Information
6-20     disseminated by the department about the program shall include the
6-21     types of buildings and leases covered by this article, the
6-22     procedures for submitting plans and specifications for review,
6-23     complaint procedures, and the address and phone number of the
6-24     department's program.
6-25           (f)  The department may enter into cooperative agreements to
6-26     integrate information about the program with information produced
6-27     or distributed by other public entities or by private entities.
 7-1           (g) [(b)]  The commission [commissioner] has all necessary
 7-2     powers to require compliance with the department's rules and
 7-3     regulations and modifications thereof and substitutions therefor.
 7-4           (h)  The commission may also impose an administrative penalty
 7-5     under [Section 17,] Article 9100, Revised Statutes, on a building
 7-6     owner for a violation of this article or a rule adopted under this
 7-7     article.  Each day that the violation is not corrected constitutes
 7-8     a separate violation.  When [The commissioner when] the commission
 7-9     considers imposing an administrative penalty under this section,
7-10     the commission shall first notify a person responsible for the
7-11     building and allow that person 90 days to bring the building into
7-12     compliance. The commission [commissioner] shall have the authority
7-13     to extend the 90-day period when circumstances justify such
7-14     extension.
7-15           (i) [(c)]  The standards and specifications to be adopted by
7-16     the commission [commissioner] under this article shall be
7-17     equivalent  to or more stringent than [consistent in effect to]
7-18     those adopted [by the American National Standards Institute, Inc.
7-19     (or its federally recognized successor in function), and the
7-20     department shall publish the standards and specifications in a
7-21     readily accessible form for the use of interested parties.  The
7-22     standards, specifications, and other rules to be adopted by the
7-23     commissioner under this article shall also be consistent with those
7-24     adopted] under federal law.
7-25           (j) [(d)]  All plans and specifications for construction or
7-26     for the substantial renovation, modification, or alteration of a
7-27     building or facility that has an estimated construction cost of
 8-1     $50,000 or more and that is subject to the provisions of this
 8-2     article shall be submitted to the department for review and
 8-3     approval not later than the 30th day after the date on which [prior
 8-4     to the time] that construction or that [substantial] renovation,
 8-5     modification, or alteration on the building or facility begins in
 8-6     accordance with rules [and regulations] adopted by the commission
 8-7     [commissioner].
 8-8           (k)  Plans and specifications related to the building or
 8-9     facility shall be submitted to the department by the architect,
8-10     interior designer, landscape architect, or engineer who has overall
8-11     responsibility for the design of the constructed or reconstructed
8-12     building or facility.  The owner shall submit the plans and
8-13     specifications to the department if there is no architect, interior
8-14     designer, landscape architect, or engineer with that
8-15     responsibility.
8-16           (l)  Any [Likewise, any] substantial modification of approved
8-17     plans shall be resubmitted to the department for review and
8-18     approval.  [The plans and specifications that are not approved or
8-19     disapproved by the department within 30 days from the receipt of
8-20     the plans and specifications are automatically approved.]
8-21           (m)  If an architect, interior designer, landscape architect,
8-22     or engineer required to submit or resubmit plans and specifications
8-23     to  the department fails to do so in a timely manner, the
8-24     commission [commissioner] shall report the fact to the Texas Board
8-25     of Architectural Examiners, [or] the State Board of Registration
8-26     for Professional Engineers, or a licensing authority that regulates
8-27     the individual, as appropriate.
 9-1           (n) [(e)]  The commission [commissioner] may review plans and
 9-2     specifications, make inspections, and issue certifications that
 9-3     structures not otherwise covered by this article are free of
 9-4     architectural barriers and in compliance with the provisions of
 9-5     this article.  The department shall inspect each building and
 9-6     facility that has an estimated construction cost of $50,000 or more
 9-7     and that is subject to this article not later than the first
 9-8     anniversary of the date that construction or substantial
 9-9     renovation, modification, or alteration of the building or facility
9-10     is completed.
9-11           (o) [(f)(1)  The commissioner shall contract with a
9-12     municipality to perform the commissioner's review and inspection
9-13     functions for privately financed buildings that are not leased by
9-14     the state or a political subdivision if:]
9-15                       [(A)  the municipality requests permission to
9-16     perform such duties;]
9-17                       [(B)  the municipality is staffed with a
9-18     sufficient number of qualified personnel to perform such duties in
9-19     the judgment of the commissioner; and]
9-20                       [(C)  the municipality agrees to contract terms
9-21     required by the commissioner.]
9-22                 [(2)  The commissioner shall require municipal
9-23     personnel who perform such duties to comply with qualification or
9-24     certification requirements adopted or approved by the commissioner.
9-25     The commissioner, not later than April 1, 1994, shall adopt
9-26     qualification requirements or implement certification programs
9-27     under this subsection and shall commence entering into contracts
 10-1    with municipalities qualifying under this subsection.]
 10-2          [(g)]  The standards and specifications adopted by the
 10-3    commission [commissioner] under this article that apply
 10-4    specifically to a building or facility occupied by a state agency
 10-5    involved in extending direct services to persons with mobility
 10-6    impairments also apply to a building or facility that is occupied
 10-7    by the Texas Rehabilitation Commission.
 10-8          (p) [(h)]  Notwithstanding other provisions of this article,
 10-9    the commission [commissioner] shall require complete compliance
10-10    with the  standards and specifications prescribed or referenced by
10-11    Subsection (o) [(g)] of this section.  The department and the
10-12    General Services Commission shall ensure that all buildings and
10-13    facilities leased or built by or for the state to which those
10-14    standards apply comply with those standards.  Notwithstanding other
10-15    provisions of this article, the department shall perform an on-site
10-16    inspection of all buildings and facilities to be leased by the
10-17    state before the building or facility is occupied by the state for
10-18    compliance with all accessibility standards and specifications
10-19    adopted under this article.  The leasing agency or the General
10-20    Services Commission, as applicable, shall cancel the lease unless
10-21    the lessor brings into compliance any condition that the inspection
10-22    finds not to be in compliance with all applicable standards and
10-23    specifications not later than:
10-24                (1)  the 60th day after the date the department
10-25    delivers the results of the inspection to the lessor or the
10-26    lessor's agent; or
10-27                (2)  a later date established by the commission
 11-1    [commissioner] if circumstances justify a later date.
 11-2          SECTION 8.  Section 6, Article 9102, Revised Statutes, is
 11-3    amended to read as follows:
 11-4          Sec. 6.  FEES.   The commission shall set and charge, in
 11-5    accordance with [Section 12,] Article 9100, Revised Statutes, fees
 11-6    for performing its functions under this article.  The fees shall be
 11-7    paid by the owner of a building when the department performs a
 11-8    function related to the building under this article.  The fees must
 11-9    include a fee for:
11-10                (1)  reviewing the plans or specifications of a
11-11    building;
11-12                (2)  inspecting a building; and
11-13                (3)  processing a request to waive or modify
11-14    accessibility standards for a building.
11-15          SECTION 9.  Section 7(d), Article 9102, Revised Statutes, is
11-16    amended to read as follows:
11-17          (d)  The committee periodically shall review the rules
11-18    relating to the architectural barriers program and recommend
11-19    changes in the rules to the commission and the commissioner.  The
11-20    commission [commissioner] shall submit all proposed changes to
11-21    rules and  procedures that relate to the architectural barriers
11-22    program to the committee for review and comment before adoption or
11-23    implementation of the new or amended rule or procedure.
11-24          SECTION 10.  Section 681.009(b), Transportation Code, is
11-25    amended to read as follows:
11-26          (b)  A political subdivision must designate a parking space
11-27    or area by conforming to the standards and specifications adopted
 12-1    by the Texas Commission [commissioner] of Licensing and Regulation
 12-2    [licensing and regulation] under Section 5(i) [(c)], Article 9102,
 12-3    Revised Statutes, relating  to the identification and dimensions of
 12-4    parking spaces for persons with disabilities.  A person who owns or
 12-5    controls private property used for parking may designate a parking
 12-6    space or area without conforming to those standards and
 12-7    specifications, unless required to conform by law.
 12-8          SECTION 11.  On the effective date of this Act, a rule that
 12-9    was previously adopted by the commissioner of licensing and
12-10    regulation under Article 9102, Revised Statutes, as that article
12-11    existed before amendment by this Act, and that is in effect
12-12    immediately before the effective date of this Act, becomes a rule
12-13    of the Texas Commission of Licensing and Regulation and remains in
12-14    effect until repealed or superseded by a rule adopted by the
12-15    commission.
12-16          SECTION 12.  The changes in law made by this Act to Section
12-17    5, Article 9102, Revised Statutes, apply only  to a plan or
12-18    specification for the elimination of architectural barriers that is
12-19    originally submitted to the Texas Commission of Licensing and
12-20    Regulation or after the effective date of this Act.  A plan or
12-21    specification submitted before the effective date of this Act is
12-22    governed by the law in effect on the date that the plan or
12-23    specification was submitted, and the former law is continued in
12-24    effect for that purpose.
12-25          SECTION 13.  This Act takes effect September 1, 1999.
12-26          SECTION 14.  The importance of this legislation and the
12-27    crowded condition of the calendars in both houses create an
 13-1    emergency and an imperative public necessity that the
 13-2    constitutional rule requiring bills to be read on three several
 13-3    days in each house be suspended, and this rule is hereby suspended.