SRC-JBJ S.B. 484 77(R)BILL ANALYSIS Senate Research CenterS.B. 484 By: Duncan State Affairs 6/20/2001 Enrolled DIGEST AND PURPOSE The Texas Department of Licensing and Regulation's (department) Architectural Barriers (AB) program has 12 inspectors and 12 reviewers who perform the function of inspecting and reviewing buildings and facilities for compliance with the Architectural Barriers Act. The department has experienced difficulties meeting the increasing number of requests for reviews and inspections of buildings and facilities that are subject to compliance. S.B. 484 provides for restructuring to facilitate a change of the department's AB program from one of inspection and plan review to that of an audit and oversight structure. RULEMAKING AUTHORITY This bill expressly grants rulemaking authority to the commissioner of licensing and regulation in SECTION 3 (Section 5A, Article 9102, V.T.C.S.) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 2(c) and (d), Article 9102, V.T.C.S., to authorize the Texas Commission of Licensing and Regulation (commission) to waive or modify accessibility standards adopted under this article under certain conditions. Deletes existing text regarding certain submittal and contract dates. SECTION 2. Amends Section 5, Article 9102, V.T.C.S., by amending Subsections (d), (k), (n), (o), and (p), and adding Subsection (q), as follows: _Deletes existing text pertaining to certain organizations and contractors. Authorizes a person who holds a certificate of registration issued under Section 5A of this article to perform review functions of the commission, inspection functions of the commission, or both review and inspection functions as provided by the certificate. Deletes existing text pertaining to leases. _Requires plans and specifications that are subject to Subsection (j) of this section, rather than relating to the building or facility, to be submitted to the Texas Department of Licensing and Regulation (department) by the architect, interior designer, landscape architect, or engineer (design professional). Requires the design professional to submit the plans and specifications to the department not later than the fifth day, not including certain days, after the date on which the design professional, as appropriate, issues the plans or specifications. Requires the design professional, if plans or specifications are issued on more than one date, to submit the plans and specifications to the department not later than the fifth date, not including certain days, after each date the plans and specifications are issued. Prohibits the owner of the building or facility from allowing an application to be filed with a local government entity for a building construction permit related to the plans and specifications or allow construction, renovation, modification, or alteration of the building or facility to begin before the date the plans and specifications are submitted to the department. Deletes existing text regarding submittal procedures. Prohibits a public official of a political subdivision who is legally authorized to issued building construction permits from accepting an application for a building construction permit for a building or facility subject to Subsection (j) of this section unless the official verifies that the building or facility has been registered with the department as provided by rule. _Provides that the owner of each building or facility that is subject to this article and that has an estimated construction, renovation, modification, or alteration cost of at least $50,000 is responsible for having the building or facility inspected for compliance with the standards and specifications adopted by the commission under this article within a certain specific deadline. Deletes existing text pertaining to inspection. Requires the inspection to be performed by the department, an entity with whom the commission contracts under Subsection (d) of this section, or a person who holds a certificate of registration issued under Section 5A of this article. _Requires the department and the General Services Commission to ensure that all buildings and facilities leased, with an annual lease expense in excess of $12,000, or built by or for the state to which those standards apply comply with those standards. Requires the department, an entity with whom the commission contracts under Subsection (d) of this section, or a person who holds a certificate or registration issued under Section 5A of this article to perform an on-site inspection of each building or facility leased, rather than all buildings and facilities to be leased, by the state before the building or facility is occupied in whole or in part by the state for compliance with all accessibility standards and specification adopted under this article. Deletes existing text pertaining to other provisions of this article. Makes conforming changes. SECTION 3. Amends Article 9102, V.T.C.S., by adding Section 5A, as follows: Sec. 5A. CERTIFICATE OF REGISTRATION. (a) Prohibits a person from performing a review or inspection function of the commission on behalf of the owner of a building or facility unless the person holds a certificate of registration issued under this section. (b) Provides that this section does not apply to certain specific employees. (c) Requires an applicant for a certificate of registration to file with the commission an application on a form prescribed by the commissioner of licensing and regulation (commissioner). (d) Requires an applicant, to be eligible for a certificate of registration, to satisfy any requirements adopted by the commissioner by rule, including education and examination requirements. (e) Authorizes the commissioner to issue a certificate of registration to perform review functions of the commission, inspection functions of the commission, or both review and inspection functions. (f) Authorizes the commissioner to administer separate examinations for applicants for certificates of registration to perform review functions, inspection functions, or both review and inspection functions. Requires the commissioner, not later than the 30th day after the examination date, to notify each examinee of the results of the examination. (g) Requires the commissioner to issue an appropriate certificate of registration to an applicant who meets the requirements for a certificate. (h) Requires the commissioner by rule to specify the term of a certificate of registration issued under this section. (i) Authorizes the commissioner by rule to require certificate holders to attend continuing education courses specified by the commissioner. Authorizes the commissioner to recognize, prepare, or administer educational courses required for obtaining an original certificate of registration and continuing education courses. (j) Requires a certificate holder to perform a review and inspection function of the commission in a competent and professional manner and in compliance with standards and specifications adopted by the commission under this article, and rules adopted by the commissioner under this article. (k) Prohibits a certificate holder from engaging in false or misleading advertising in connection with the performance of review or inspection functions of the commission. SECTION 4. Amends Section 6, Article 9102, V.T.C.S., to require the commission to set and charge, in accordance with Chapter 51 (Texas Department of Licensing and Regulation), Occupations Code, rather than Article 9100, V.T.C.S., fees for performing its functions under this article. Provides that the owner of a building or facility is responsible for paying any fee charged by the commission for performing a function related to the building or facility under this article. Deletes existing text pertaining to fees and the department. Authorizes the commission to charge fees for certain specific functions. Deletes existing text pertaining to fees. SECTION 5. (a) Effective date: upon passage or September 1, 2001. (b) Requires the commissioner of licensing and regulation to adopt rules under Section 5A, Article 9102, V.T.C.S., as added by this Act, not later than January 1, 2002.