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.
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