1-1     By:  Barrientos                                        S.B. No. 959
 1-2           (In the Senate - Filed March 5, 1999; March 8, 1999, read
 1-3     first time and referred to Committee on State Affairs;
 1-4     April 22, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 7, Nays 0; April 22, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 959                     By:  Cain
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the law relating to architectural barriers.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 1, Article 9102, Revised Statutes, is
1-13     amended to read as follows:
1-14           Sec. 1.  POLICY.  The provisions of this article are to
1-15     further the policy of the State of Texas to encourage and promote
1-16     the rehabilitation of persons with disabilities and to eliminate,
1-17     insofar as possible, unnecessary barriers encountered by persons
1-18     with disabilities, whose ability to engage in gainful occupations
1-19     or to achieve maximum personal independence is needlessly
1-20     restricted [when such persons cannot readily use public buildings].
1-21           SECTION 2.  Subsections (a), (d), (e), and (f), Section 2,
1-22     Article 9102, Revised Statutes, are amended to read as follows:
1-23           (a)  The standards adopted under this article apply to:
1-24                 (1)  a building or facility used by the public that is
1-25     constructed, or [substantially] renovated, modified, or altered, in
1-26     whole or in part on or after January 1, 1970, through the use of
1-27     state, county, or municipal funds, or the funds of any political
1-28     subdivision of the state;
1-29                 (2)  the temporary or emergency construction of a
1-30     building or facility described by this subsection or Subsection (b)
1-31     of this section;
1-32                 (3)  a building leased or occupied in whole or in part
1-33     for use by the state under any lease or rental agreement entered
1-34     into on or after January 1, 1972;
1-35                 (4)  a privately funded building or facility defined as
1-36     a "public accommodation" by Section 301(7) of the Americans with
1-37     Disabilities Act of 1990 (42 U.S.C. Section 12181), and its
1-38     subsequent amendments, that is constructed or [substantially]
1-39     renovated, modified, or altered on or after January 1, 1992; and
1-40                 (5)  a privately funded building or facility defined as
1-41     a "commercial facility" by Section 301, Americans with Disabilities
1-42     Act of 1990 (42 U.S.C. Section 12181), and its subsequent
1-43     amendments, that is constructed or [substantially] renovated,
1-44     modified, or altered on or after September 1, 1993.
1-45           (d)  An owner of a building described by Subsection (a)(3) of
1-46     this section or of a building or facility leased or rented for use
1-47     by the state through the use of federal funds, or the owner's
1-48     designated agent, must present to the commission [commissioner] the
1-49     proof required by Subsection (c)(2) of this section before the date
1-50     the owner:
1-51                 (1)  submits a bid proposal in relation to the award of
1-52     a contract for the lease or rental of the building or facility; or
1-53                 (2)  is awarded the contract for the lease or rental of
1-54     the building or facility if the state does not advertise for bids.
1-55           (e)  The commission [commissioner] may not waive or modify
1-56     any standard or specification when:
1-57                 (1)  waiving or modifying a standard or specification
1-58     would result in a significant impairment of the acquisition of
1-59     goods and services by persons with disabilities or substantially
1-60     reduce the potential for employment of persons with disabilities;
1-61     [or]
1-62                 (2)  the commission knows that waiving or modifying a
1-63     standard or specification would result in a violation of the
1-64     Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et
 2-1     seq.), and its subsequent amendments; or
 2-2                 (3)  the proof presented to the commission
 2-3     [commissioner] under Subsection (c)(2) of this section is not
 2-4     adequate.
 2-5           (f)  All evidence supporting waiver or modification
 2-6     determinations made by the commission [commissioner] shall be made
 2-7     a matter of record and become part of the file system maintained by
 2-8     the department.
 2-9           SECTION 3.  Subsection (c), Section 2, Article 9102, Revised
2-10     Statutes, as amended by Chapters 684 and 821, Acts of the 73rd
2-11     Legislature, Regular Session, 1993, is reenacted and amended to
2-12     read as follows:
2-13           (c)  The commission [commissioner] may waive or modify
2-14     accessibility standards adopted under this article when:
2-15                 (1)  the application of the standards is considered by
2-16     the commission [commissioner] to be irrelevant to the nature, use,
2-17     or function of a building or facility covered by this article; or
2-18                 (2)  the owner of a building or facility that is the
2-19     subject of a request for a waiver or modification of a standard
2-20     under this subsection, or the owner's designated agent, presents
2-21     proof to the commission [commissioner] that compliance with the
2-22     particular standard is impracticable.
2-23           SECTION 4.  Subsection (b), Section 3, Article 9102, Revised
2-24     Statutes, is amended to read as follows:
2-25           (b)  It is intended to make all buildings and facilities
2-26     covered by this article accessible to, and functional for, persons
2-27     with disabilities to, through, and within their doors, without loss
2-28     of function, space, or facilities [where the general public is
2-29     concerned].
2-30           SECTION 5.  Section 4, Article 9102, Revised Statutes, is
2-31     amended to read as follows:
2-32           Sec. 4.  DEFINITIONS.  In [For the purpose of] this article
2-33     [the following terms have the meanings as herein set forth]:
2-34                 (1)  "Architect" means a person registered as an
2-35     architect under Chapter 478, Acts of the 45th Legislature, Regular
2-36     Session, 1937 (Article 249a, Vernon's Texas Civil Statutes)
2-37     ["Disability" means with respect to an individual a physical or
2-38     mental impairment that substantially limits one or more of the
2-39     major life activities of such individual].
2-40                 (2)  "Commission" means the Texas Commission of
2-41     Licensing and Regulation.
2-42                 (3)  "Commissioner" means the commissioner of licensing
2-43     and regulation.
2-44                 (4)  "Department" means the Texas Department of
2-45     Licensing and Regulation.
2-46                 (5)  "Disability" means with respect to an individual a
2-47     physical or mental impairment that substantially limits one or more
2-48     of the major life activities of such individual ["Architect" means
2-49     a person registered as an architect under Chapter 478, Acts of the
2-50     45th Legislature, Regular Session, 1937 (Article 249a, Vernon's
2-51     Texas Civil Statutes)].
2-52                 (6)  "Engineer" means a person registered as an
2-53     engineer under The Texas Engineering Practice Act (Article 3271a,
2-54     Vernon's Texas Civil Statutes).
2-55                 (7)  "Interior designer" means a person registered as
2-56     an interior designer under Article 249e, Revised Statutes.
2-57                 (8)  "Landscape architect" means a person registered as
2-58     a landscape architect under Chapter 457, Acts of the 61st
2-59     Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas
2-60     Civil Statutes).
2-61           SECTION 6.  Section 5, Article 9102, Revised Statutes, is
2-62     amended to read as follows:
2-63           Sec. 5.  DEPARTMENT RESPONSIBILITIES [FOR ENFORCEMENT].
2-64     (a)  In the administration and enforcement of this article, the
2-65     commission [commissioner] shall have the assistance of appropriate
2-66     state rehabilitation agencies and of the Governor's Committee on
2-67     People with Disabilities in carrying out commission [commissioner]
2-68     responsibilities.
2-69           (b)  State agencies involved in extending direct services to
 3-1     persons with disabilities are authorized to enter into interagency
 3-2     contracts with the department to provide such additional funding as
 3-3     might be required to insure that service objectives and
 3-4     responsibilities of such agencies are achieved through the
 3-5     administration of this article.
 3-6           (c)  In enforcing this article the commission [commissioner]
 3-7     shall also receive the assistance of all appropriate elective or
 3-8     appointive state officials.
 3-9           (d)  The commission [commissioner] may contract with other
3-10     state agencies, political subdivisions, nonprofit organizations,
3-11     and private independent contractors to perform the commission's
3-12     [commissioner's] review and inspection functions for facilities
3-13     [privately financed buildings] that are not leased by the state or
3-14     a political subdivision and may terminate those contracts for
3-15     cause.
3-16           (e)  The department shall from time to time inform
3-17     professional organizations and others, including persons with
3-18     disabilities, architects, engineers, and other building
3-19     professionals, of this law and its application.  Information
3-20     disseminated by the department about the program shall include the
3-21     types of buildings and leases covered by this article, the
3-22     procedures for submitting plans and specifications for review,
3-23     complaint procedures, and the address and phone number of the
3-24     department's program.
3-25           (f)  The department may enter into cooperative agreements to
3-26     integrate information about the program with information produced
3-27     or distributed by other public entities or by private entities.
3-28           (g) [(b)]  The commission [commissioner] has all necessary
3-29     powers to require compliance with the department's rules and
3-30     regulations and modifications thereof and substitutions therefor.
3-31           (h)  The commission may also impose an administrative penalty
3-32     under [Section 17,] Article 9100, Revised Statutes, on a building
3-33     owner for a violation of this article or a rule adopted under this
3-34     article.  Each day that the violation is not corrected constitutes
3-35     a separate violation.  When [The commissioner when] the commission
3-36     considers imposing an administrative penalty under this section,
3-37     the commission shall first notify a person responsible for the
3-38     building and allow that person 90 days to bring the building into
3-39     compliance.  The commission [commissioner] shall have the authority
3-40     to extend the 90-day period when circumstances justify such
3-41     extension.
3-42           (i) [(c)]  The standards and specifications to be adopted by
3-43     the commission [commissioner] under this article shall be
3-44     consistent in effect to those adopted by the American National
3-45     Standards Institute, Inc. (or its federally recognized successor in
3-46     function), and the department shall publish the standards and
3-47     specifications in a readily accessible form for the use of
3-48     interested parties.  The standards, specifications, and other rules
3-49     to be adopted by the commission [commissioner] under this article
3-50     shall also be consistent with those adopted under federal law.
3-51           (j) [(d)]  All plans and specifications for construction or
3-52     for the substantial renovation, modification, or alteration of a
3-53     building or facility that has an estimated construction cost of
3-54     $50,000 or more and that is subject to the provisions of this
3-55     article shall be submitted to the department for review and
3-56     approval [prior to the time that construction or that substantial
3-57     renovation, modification, or alteration on the building or facility
3-58     begins in accordance with rules and regulations adopted by the
3-59     commissioner].
3-60           (k)  Plans and specifications related to the building or
3-61     facility shall be submitted to the department by the architect,
3-62     interior designer, landscape architect, or engineer who has overall
3-63     responsibility for the design of the constructed or reconstructed
3-64     building or facility.  The architect, interior designer, landscape
3-65     architect, or engineer shall submit the plans and specifications to
3-66     the department not later than the fifth day after the date on which
3-67     the architect, interior designer, landscape architect, or engineer,
3-68     as appropriate, places the applicable professional seal on the
3-69     plans and specifications.  If [The owner shall submit the plans and
 4-1     specifications to the department if] there is no architect,
 4-2     interior designer, landscape architect, or engineer with that
 4-3     responsibility, the owner shall submit the plans and specifications
 4-4     to the department at least 30 days before the date the construction
 4-5     or renovation, modification, or alteration on the building or
 4-6     facility begins.  On application to a local governmental entity for
 4-7     a building construction permit related to the plans and
 4-8     specifications, the owner shall submit to the entity proof that the
 4-9     plans and specifications have been submitted to the department
4-10     under this article.
4-11           (l)  Any [Likewise, any] substantial modification of approved
4-12     plans shall be resubmitted to the department for review and
4-13     approval.
4-14           (m)  [The plans and specifications that are not approved or
4-15     disapproved by the department within 30 days from the receipt of
4-16     the plans and specifications are automatically approved.]  If an
4-17     architect, interior designer, landscape architect, or engineer
4-18     required to submit or resubmit plans and specifications to the
4-19     department fails to do so in a timely manner, the commission
4-20     [commissioner] shall report the fact to the Texas Board of
4-21     Architectural Examiners, [or] the State Board of Registration for
4-22     Professional Engineers, or a licensing authority that regulates the
4-23     individual, as appropriate.
4-24           (n) [(e)]  The commission [commissioner] may review plans and
4-25     specifications, make inspections, and issue certifications that
4-26     structures not otherwise covered by this article are free of
4-27     architectural barriers and in compliance with the provisions of
4-28     this article.  The department shall inspect each building and
4-29     facility that has an estimated construction cost of $50,000 or more
4-30     and that is subject to this article not later than the first
4-31     anniversary of the date that construction or substantial
4-32     renovation, modification, or alteration of the building or facility
4-33     is completed.
4-34           (o) [(f)(1)  The commissioner shall contract with a
4-35     municipality to perform the commissioner's review and inspection
4-36     functions for privately financed buildings that are not leased by
4-37     the state or a political subdivision if:]
4-38                       [(A)  the municipality requests permission to
4-39     perform such duties;]
4-40                       [(B)  the municipality is staffed with a
4-41     sufficient number of qualified personnel to perform such duties in
4-42     the judgment of the commissioner; and]
4-43                       [(C)  the municipality agrees to contract terms
4-44     required by the commissioner.]
4-45                 [(2)  The commissioner shall require municipal
4-46     personnel who perform such duties to comply with qualification or
4-47     certification requirements adopted or approved by the commissioner.
4-48     The commissioner, not later than April 1, 1994, shall adopt
4-49     qualification requirements or implement certification programs
4-50     under this subsection and shall commence entering into contracts
4-51     with municipalities qualifying under this subsection.]
4-52           [(g)]  The standards and specifications adopted by the
4-53     commission [commissioner] under this article that apply
4-54     specifically to a building or facility occupied by a state agency
4-55     involved in extending direct services to persons with mobility
4-56     impairments also apply to a building or facility that is occupied
4-57     by the Texas Rehabilitation Commission.
4-58           (p) [(h)]  Notwithstanding other provisions of this article,
4-59     the commission [commissioner] shall require complete compliance
4-60     with the standards and specifications prescribed or referenced by
4-61     Subsection (o) [(g)] of this section.  The department and the
4-62     General Services Commission shall ensure that all buildings and
4-63     facilities leased or built by or for the state to which those
4-64     standards apply comply with those standards.  Notwithstanding other
4-65     provisions of this article, the department shall perform an on-site
4-66     inspection of all buildings and facilities to be leased by the
4-67     state before the building or facility is occupied by the state for
4-68     compliance with all accessibility standards and specifications
4-69     adopted under this article.  The leasing agency or the General
 5-1     Services Commission, as applicable, shall cancel the lease unless
 5-2     the lessor brings into compliance any condition that the inspection
 5-3     finds not to be in compliance with all applicable standards and
 5-4     specifications not later than:
 5-5                 (1)  the 60th day after the date the department
 5-6     delivers the results of the inspection to the lessor or the
 5-7     lessor's agent; or
 5-8                 (2)  a later date established by the commission
 5-9     [commissioner] if circumstances justify a later date.
5-10           SECTION 7.  Section 6, Article 9102, Revised Statutes, is
5-11     amended to read as follows:
5-12           Sec. 6.  FEES.  The commission shall set and charge, in
5-13     accordance with [Section 12,] Article 9100, Revised Statutes, fees
5-14     for performing its functions under this article.  The fees shall be
5-15     paid by the owner of a building when the department performs a
5-16     function related to the building under this article.  The fees must
5-17     include a fee for:
5-18                 (1)  reviewing the plans or specifications of a
5-19     building;
5-20                 (2)  inspecting a building; and
5-21                 (3)  processing a request to waive or modify
5-22     accessibility standards for a building.
5-23           SECTION 8.  Subsection (d), Section 7, Article 9102, Revised
5-24     Statutes, is amended to read as follows:
5-25           (d)  The committee periodically shall review the rules
5-26     relating to the architectural barriers program and recommend
5-27     changes in the rules to the commission and the commissioner.  The
5-28     commission [commissioner] shall submit all proposed changes to
5-29     rules and procedures that relate to the architectural barriers
5-30     program to the committee for review and comment before adoption or
5-31     implementation of the new or amended rule or procedure.
5-32           SECTION 9.  Subsection (b), Section 681.009, Transportation
5-33     Code, is amended to read as follows:
5-34           (b)  A political subdivision must designate a parking space
5-35     or area by conforming to the standards and specifications adopted
5-36     by the Texas Commission [commissioner] of Licensing and Regulation
5-37     [licensing and regulation] under Section 5(i) [5(c)], Article 9102,
5-38     Revised Statutes, relating to the identification and dimensions of
5-39     parking spaces for persons with disabilities.  A person who owns or
5-40     controls private property used for parking may designate a parking
5-41     space or area without conforming to those standards and
5-42     specifications, unless required to conform by law.
5-43           SECTION 10.  On the effective date of this Act, a rule that
5-44     was previously adopted by the commissioner of licensing and
5-45     regulation under Article 9102, Revised Statutes, as that article
5-46     existed before amendment by this Act, and that is in effect
5-47     immediately before the effective date of this Act, becomes a rule
5-48     of the Texas Commission of Licensing and Regulation and remains in
5-49     effect until repealed or superseded by a rule adopted by the
5-50     commission.
5-51           SECTION 11.  The changes in law made by this Act to Section
5-52     5, Article 9102, Revised Statutes, apply only to a plan or
5-53     specification for the elimination of architectural barriers that is
5-54     originally submitted to the Texas Department of Licensing and
5-55     Regulation or after the effective date of this Act.  A plan or
5-56     specification submitted before the effective date of this Act is
5-57     governed by the law in effect on the date that the plan or
5-58     specification was submitted, and the former law is continued in
5-59     effect for that purpose.
5-60           SECTION 12.  This Act takes effect September 1, 1999.
5-61           SECTION 13.  The importance of this legislation and the
5-62     crowded condition of the calendars in both houses create an
5-63     emergency and an imperative public necessity that the
5-64     constitutional rule requiring bills to be read on three several
5-65     days in each house be suspended, and this rule is hereby suspended.
5-66                                  * * * * *