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.
1-3 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].
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:
5-21 Sec. 5. DEPARTMENT RESPONSIBILITIES [FOR ENFORCEMENT]. (a)
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.