HBA-RKM S.B. 484 77(R) HBA-CMT S.B. 484 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 484 By: Duncan Licensing & Administrative Procedures 3/15/2001 Engrossed BACKGROUND AND PURPOSE The Architectural Barriers program of the Texas Department of Licensing and Regulation (TDLR) inspects and reviews buildings regarding architectural barriers encountered by persons with disabilities. Currently, for the entire state, TDLR has only 12 inspectors and 12 reviewers to perform these functions in compliance with state law. As a result, it is difficult for TDLR to meet the increasing number of requests for reviews and inspections on buildings which architectural barrier specifications must be met. Restructuring TDLR's Architectural Barriers program would allow TDLR to train and certify people from the private sector to carry out architectural barrier inspections to reduce the number of full-time employees associated with the program and deploy them to other divisions of TDLR. Senate Bill 484 restructures the Architectural Barriers program so that inspections must be conducted by TDLR, an entity with whom TDLR contracts, or a person who holds a certificate of registration. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the commissioner of licensing and regulation in SECTION 2 (Section 5A, Article 9102, V.T.C.S.) of this bill. ANALYSIS Senate Bill 484 amends law to remove the provision that authorizes the Texas Commission of Licensing and Regulation (commission) to contract with nonprofit organizations or private independent contractors to perform the commission's review and inspection of buildings that must comply with regulations regarding architectural barriers to those with disabilities. S.B. 484 also removes the provision that the commission's reviews and inspections are for facilities that are not leased by the state or a political subdivision. S.B. 484 provides that the owner of each building or facility that has an estimated construction, renovation, modification, or alteration cost of at least $50,000 is responsible for having it inspected for compliance with the standards and specifications adopted by the commission. The bill provides that the inspection must be performed by the Texas Department of Licensing and Regulation (TDLR), an entity with whom the commission contracts to perform its functions (entity), or a person who holds a certificate of registration (certificate). The bill specifies that established requirements regarding on-site inspections and the delivery of inspection results, before a building is occupied in whole or in part, apply to an entity with whom the commission contracts or a person who holds a certificate. S.B. 484 prohibits a person who does not hold a certificate from performing a function of the commission, unless the person is an employee of TDLR or an entity. An applicant for a certificate must file an application with the commission on a form prescribed by the commissioner, and must satisfy any requirements adopted by the commissioner by rule, in which event the commissioner is required to issue an appropriate certificate to the applicant. The bill authorizes the commissioner to issue a certificate or to administer separate examinations for certificates to perform review functions, inspection functions, or both, but requires that the commissioner notify each examinee of the results of the examination no later than the 30th day after the examination date. S.B. 484 requires the commissioner to specify, by rule, the term of a certificate and authorizes the commissioner to require, by rule, certificate holders to attend continuing education courses. The commissioner is authorized to recognize, prepare, or administer educational courses required for obtaining an original certificate and continuing education courses. The bill requires that a certificate holder perform a function in a competent and professional manner and in compliance with the standards, specifications and rules adopted under these provisions. Additionally, a certificate holder is prohibited from engaging in false or misleading advertising regarding the performance of functions. The bill provides that the owner of a building or facility is responsible for paying any fee charged by the commission related to the building or facility and specifies services for which the commission is authorized to charge fees. The bill requires the commissioner of licensing and regulation to adopt rules required by this bill no later than January 1, 2002. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.