By Zaffirini                                            S.B. No. 38
         77R513 MI-D                           
                                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 of the results of
1-19     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 of the results of
2-24     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 of the results of
3-25     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.