77R8830 MCK-D
By Zaffirini, et al. S.B. No. 38
Substitute the following for S.B. No. 38:
By Naishtat C.S.S.B. No. 38
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to authorizing the conduct of architectural review before
1-3 the construction or remodeling of certain long-term and other care
1-4 facilities.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 103, Human Resources Code, is amended by
1-7 adding Section 103.0075 to read as follows:
1-8 Sec. 103.0075. EARLY COMPLIANCE REVIEW. (a) The department
1-9 by rule shall adopt a procedure under which a person proposing to
1-10 construct or modify an adult day-care facility may submit building
1-11 plans to the department for review for compliance with the
1-12 department's architectural requirements before beginning
1-13 construction or modification. In adopting the procedure, the
1-14 department shall set reasonable deadlines by which the department
1-15 must complete review of submitted plans.
1-16 (b) The department shall, within 30 days, review plans
1-17 submitted under this section for compliance with the department's
1-18 architectural requirements and inform the person in writing of the
1-19 results of the review. If the plans comply with the department's
1-20 architectural requirements, the department may not subsequently
1-21 change the architectural requirements applicable to the project
1-22 unless:
1-23 (1) the change is required by federal law; or
1-24 (2) the person fails to complete the project within a
2-1 reasonable time.
2-2 (c) The department may charge a reasonable fee for
2-3 conducting a review under this section.
2-4 (d) A fee collected under this section shall be deposited in
2-5 the general revenue fund and may be appropriated only to the
2-6 department to conduct reviews under this section.
2-7 (e) The review procedure provided by this section does not
2-8 include review of building plans for compliance with the Texas
2-9 Accessibility Standards as administered and enforced by the Texas
2-10 Department of Licensing and Regulation.
2-11 SECTION 2. Subchapter B, Chapter 242, Health and Safety Code,
2-12 is amended by adding Section 242.0385 to read as follows:
2-13 Sec. 242.0385. EARLY COMPLIANCE REVIEW. (a) The department
2-14 by rule shall adopt a procedure under which a person proposing to
2-15 construct or modify an institution may submit building plans to the
2-16 department for review for compliance with the department's
2-17 architectural requirements before beginning construction or
2-18 modification. In adopting the procedure, the department shall set
2-19 reasonable deadlines by which the department must complete review
2-20 of submitted plans.
2-21 (b) The department shall, within 30 days, review plans
2-22 submitted under this section for compliance with the department's
2-23 architectural requirements and inform the person in writing of the
2-24 results of the review. If the plans comply with the department's
2-25 architectural requirements, the department may not subsequently
2-26 change the architectural requirements applicable to the project
2-27 unless:
3-1 (1) the change is required by federal law; or
3-2 (2) the person fails to complete the project within a
3-3 reasonable time.
3-4 (c) The department may charge a reasonable fee for
3-5 conducting a review under this section.
3-6 (d) A fee collected under this section shall be deposited in
3-7 the general revenue fund and may be appropriated only to the
3-8 department to conduct reviews under this section.
3-9 (e) The review procedure provided by this section does not
3-10 include review of building plans for compliance with the Texas
3-11 Accessibility Standards as administered and enforced.
3-12 SECTION 3. Subchapter B, Chapter 252, Health and Safety Code,
3-13 is amended by adding Section 252.0375 to read as follows:
3-14 Sec. 252.0375. EARLY COMPLIANCE REVIEW. (a) The department
3-15 by rule shall adopt a procedure under which a person proposing to
3-16 construct or modify a facility may submit building plans to the
3-17 department for review for compliance with the department's
3-18 architectural requirements before beginning construction or
3-19 modification. In adopting the procedure, the department shall set
3-20 reasonable deadlines by which the department must complete review
3-21 of submitted plans.
3-22 (b) The department shall, within 30 days, review plans
3-23 submitted under this section for compliance with the department's
3-24 architectural requirements and inform the person in writing of the
3-25 results of the review. If the plans comply with the department's
3-26 architectural requirements, the department may not subsequently
3-27 change the architectural requirements applicable to the project
4-1 unless:
4-2 (1) the change is required by federal law; or
4-3 (2) the person fails to complete the project within a
4-4 reasonable time.
4-5 (c) The department may charge a reasonable fee for
4-6 conducting a review under this section.
4-7 (d) A fee collected under this section shall be deposited in
4-8 the general revenue fund and may be appropriated only to the
4-9 department to conduct reviews under this section.
4-10 (e) The review procedure provided by this section does not
4-11 include review of building plans for compliance with the Texas
4-12 Accessibility Standards as administered and enforced.
4-13 SECTION 4. This Act takes effect September 1, 2001.