1-1 By: Zaffirini, Moncrief S.B. No. 38 1-2 (In the Senate - Filed November 13, 2000; January 10, 2001, 1-3 read first time and referred to Committee on Health and Human 1-4 Services; February 5, 2001, reported favorably by the following 1-5 vote: Yeas 8, Nays 1; February 5, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to authorizing the conduct of architectural review before 1-9 the construction or remodeling of certain long-term and other care 1-10 facilities. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Chapter 103, Human Resources Code, is amended by 1-13 adding Section 103.0075 to read as follows: 1-14 Sec. 103.0075. EARLY COMPLIANCE REVIEW. (a) The department 1-15 by rule shall adopt a procedure under which a person proposing to 1-16 construct or modify an adult day-care facility may submit building 1-17 plans to the department for review for compliance with the 1-18 department's architectural requirements before beginning 1-19 construction or modification. In adopting the procedure, the 1-20 department shall set reasonable deadlines by which the department 1-21 must complete review of submitted plans. 1-22 (b) The department shall, within 30 days, review plans 1-23 submitted under this section for compliance with the department's 1-24 architectural requirements and inform the person of the results of 1-25 the review. If the plans comply with the department's 1-26 architectural requirements, the department may not subsequently 1-27 change the architectural requirements applicable to the project 1-28 unless: 1-29 (1) the change is required by federal law; or 1-30 (2) the person fails to complete the project within a 1-31 reasonable time. 1-32 (c) The department may charge a reasonable fee for 1-33 conducting a review under this section. 1-34 (d) A fee collected under this section shall be deposited in 1-35 the general revenue fund and may be appropriated only to the 1-36 department to conduct reviews under this section. 1-37 (e) The review procedure provided by this section does not 1-38 include review of building plans for compliance with the Texas 1-39 Accessibility Standards as administered and enforced by the Texas 1-40 Department of Licensing and Regulation. 1-41 SECTION 2. Subchapter B, Chapter 242, Health and Safety 1-42 Code, is amended by adding Section 242.0385 to read as follows: 1-43 Sec. 242.0385. EARLY COMPLIANCE REVIEW. (a) The department 1-44 by rule shall adopt a procedure under which a person proposing to 1-45 construct or modify an institution may submit building plans to the 1-46 department for review for compliance with the department's 1-47 architectural requirements before beginning construction or 1-48 modification. In adopting the procedure, the department shall set 1-49 reasonable deadlines by which the department must complete review 1-50 of submitted plans. 1-51 (b) The department shall, within 30 days, review plans 1-52 submitted under this section for compliance with the department's 1-53 architectural requirements and inform the person of the results of 1-54 the review. If the plans comply with the department's 1-55 architectural requirements, the department may not subsequently 1-56 change the architectural requirements applicable to the project 1-57 unless: 1-58 (1) the change is required by federal law; or 1-59 (2) the person fails to complete the project within a 1-60 reasonable time. 1-61 (c) The department may charge a reasonable fee for 1-62 conducting a review under this section. 1-63 (d) A fee collected under this section shall be deposited in 1-64 the general revenue fund and may be appropriated only to the 2-1 department to conduct reviews under this section. 2-2 (e) The review procedure provided by this section does not 2-3 include review of building plans for compliance with the Texas 2-4 Accessibility Standards as administered and enforced. 2-5 SECTION 3. Subchapter B, Chapter 252, Health and Safety 2-6 Code, is amended by adding Section 252.0375 to read as follows: 2-7 Sec. 252.0375. EARLY COMPLIANCE REVIEW. (a) The department 2-8 by rule shall adopt a procedure under which a person proposing to 2-9 construct or modify a facility may submit building plans to the 2-10 department for review for compliance with the department's 2-11 architectural requirements before beginning construction or 2-12 modification. In adopting the procedure, the department shall set 2-13 reasonable deadlines by which the department must complete review 2-14 of submitted plans. 2-15 (b) The department shall, within 30 days, review plans 2-16 submitted under this section for compliance with the department's 2-17 architectural requirements and inform the person of the results of 2-18 the review. If the plans comply with the department's 2-19 architectural requirements, the department may not subsequently 2-20 change the architectural requirements applicable to the project 2-21 unless: 2-22 (1) the change is required by federal law; or 2-23 (2) the person fails to complete the project within a 2-24 reasonable time. 2-25 (c) The department may charge a reasonable fee for 2-26 conducting a review under this section. 2-27 (d) A fee collected under this section shall be deposited in 2-28 the general revenue fund and may be appropriated only to the 2-29 department to conduct reviews under this section. 2-30 (e) The review procedure provided by this section does not 2-31 include review of building plans for compliance with the Texas 2-32 Accessibility Standards as administered and enforced. 2-33 SECTION 4. This Act takes effect September 1, 2001. 2-34 * * * * *