1-1                                   AN ACT
 1-2     relating to the review of plans and specifications and the
 1-3     inspection of buildings or facilities for the purpose of
 1-4     eliminating architectural barriers encountered by persons with
 1-5     disabilities.
 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-7           SECTION 1.  Subsections (c) and (d), Section 2, Article 9102,
 1-8     Revised Statutes, are amended to read as follows:
 1-9           (c)  The commission may waive or modify accessibility
1-10     standards adopted under this article when:
1-11                 (1)  the application of the standards is considered by
1-12     the commission to be irrelevant to the nature, use, or function of
1-13     a building or facility covered by this article; or
1-14                 (2)  the owner of a building or facility that is the
1-15     subject of a request for a waiver or modification of a standard
1-16     under this subsection, or the owner's designated agent, presents
1-17     proof to the commission that compliance with the particular
1-18     standard is impractical [impracticable].
1-19           (d)  An owner of a building described by Subsection (a)(3) of
1-20     this section or of a building or facility leased or rented for use
1-21     by the state through the use of federal funds, or the owner's
1-22     designated agent, must present to the commission the proof required
1-23     by Subsection (c)(2) of this section [before the date the owner:]
1-24                 [(1)  submits a bid proposal in relation to the award
1-25     of a contract for the lease or rental of the building or facility;
 2-1     or]
 2-2                 [(2)  is awarded the contract for the lease or rental
 2-3     of the building or facility if the state does not advertise for
 2-4     bids].
 2-5           SECTION 2.  Section 5, Article 9102, Revised Statutes, is
 2-6     amended by amending Subsections (d), (k), (n), (o), and (p) and
 2-7     adding Subsection (q) to read as follows:
 2-8           (d)  The commission may contract with other state agencies
 2-9     and[,] political subdivisions[, nonprofit organizations, and
2-10     private independent contractors] to perform the commission's review
2-11     and inspection functions.  A person who holds a certificate of
2-12     registration issued under Section 5A of this article may perform
2-13     review functions of the commission, inspection functions of the
2-14     commission, or both review and inspection functions as provided by
2-15     the certificate [for facilities that are not leased by the state or
2-16     a political subdivision and may terminate those contracts for
2-17     cause].
2-18           (k)  Plans and specifications that are subject to Subsection
2-19     (j) of this section [related to the building or facility] shall be
2-20     submitted to the department by the architect, interior designer,
2-21     landscape architect, or engineer who has overall responsibility for
2-22     the design of the constructed or reconstructed building or
2-23     facility.  The architect, interior designer, landscape architect,
2-24     or engineer shall submit the plans and specifications to the
2-25     department not later than the fifth day, not including Saturdays,
2-26     Sundays, and legal holidays, after the date on which the architect,
 3-1     interior designer, landscape architect, or engineer, as
 3-2     appropriate, issues the plans or specifications.  If plans and
 3-3     specifications are issued on more than one date, the architect,
 3-4     interior designer, landscape architect, or engineer shall submit
 3-5     the plans and specifications to the department not later than the
 3-6     fifth day, not including Saturdays, Sundays, and legal holidays,
 3-7     after each date the plans and specifications are issued.  The owner
 3-8     of the building or facility may not allow an application to be
 3-9     filed with a local governmental entity for a building construction
3-10     permit related to the plans and specifications or allow
3-11     construction, renovation, modification, or alteration of the
3-12     building or facility to begin before the date the plans and
3-13     specifications are submitted to the department [places the
3-14     applicable professional seal on the plans and specifications.  If
3-15     there is no architect, interior designer, landscape architect, or
3-16     engineer with that responsibility, the owner shall submit the plans
3-17     and specifications to the department at least 30 days within the
3-18     date the construction or renovation, modification, or alteration on
3-19     the building or facility begins].  On application to a local
3-20     governmental entity for a building construction permit related to
3-21     the plans and specifications, the owner shall submit to the entity
3-22     proof that the plans and specifications have been submitted to the
3-23     department under this article.  A public official of a political
3-24     subdivision who is legally authorized to issue  building
3-25     construction permits may not accept an application for a building
3-26     construction permit for a building or facility subject to
 4-1     Subsection (j) of this section unless the official verifies that
 4-2     the building or facility has been registered with the department as
 4-3     provided by rule.
 4-4           (n)  The commission may review plans and specifications, make
 4-5     inspections, and issue certifications that structures not otherwise
 4-6     covered by this article are free of architectural barriers and in
 4-7     compliance with the provisions of this article.
 4-8           (o)  The owner of each building or facility that is subject
 4-9     to this article and that has an estimated construction, renovation,
4-10     modification, or alteration cost of at least $50,000 is responsible
4-11     for having the building or facility inspected for compliance with
4-12     the standards and specifications adopted by the commission under
4-13     this article [department shall inspect each building and facility
4-14     that has an estimated construction cost of $50,000 or more and that
4-15     is subject to this article] not later than the first anniversary of
4-16     the date that construction or substantial renovation, modification,
4-17     or alteration of the building or facility is completed.  The
4-18     inspection must be performed by the department, an entity with whom
4-19     the commission contracts under Subsection (d) of this section, or a
4-20     person who holds a certificate of registration issued under Section
4-21     5A of this article.
4-22           (p) [(o)]  The standards and specifications adopted by the
4-23     commission under this article that apply specifically to a building
4-24     or facility occupied by a state agency involved in extending direct
4-25     services to persons with mobility impairments also apply to a
4-26     building or facility that is occupied by the Texas Rehabilitation
 5-1     Commission.
 5-2           (q) [(p)]  Notwithstanding other provisions of this article,
 5-3     the commission shall require complete compliance with the standards
 5-4     and specifications prescribed or referenced by Subsection (p) [(o)]
 5-5     of this section.  The department and the General Services
 5-6     Commission shall ensure that all buildings and facilities leased,
 5-7     with an annual lease expense in excess of $12,000, or built by or
 5-8     for the state to which those standards apply comply with those
 5-9     standards.  The [Notwithstanding other provisions of this article,
5-10     the] department, an entity with whom the commission contracts under
5-11     Subsection (d) of this section, or a person who holds a certificate
5-12     of registration issued under Section 5A of this article shall
5-13     perform an on-site inspection of each building or facility [all
5-14     buildings and facilities to be] leased by the state, with an annual
5-15     lease expense in excess of $12,000, before the building or facility
5-16     is occupied in whole or in part by the state for compliance with
5-17     all accessibility standards and specifications adopted under this
5-18     article.  The leasing agency or the General Services Commission, as
5-19     applicable, shall cancel the lease unless the lessor brings into
5-20     compliance any condition that the inspection finds not to be in
5-21     compliance with all applicable standards and specifications not
5-22     later than:
5-23                 (1)  the 60th day after the date the department, the
5-24     entity with whom the commission contracts under Subsection (d) of
5-25     this section, or the person who holds a certificate of registration
5-26     issued under Section 5A of this article delivers the results of the
 6-1     inspection to the lessor or the lessor's agent; or
 6-2                 (2)  a later date established by the commission if
 6-3     circumstances justify a later date.
 6-4           SECTION 3.  Article 9102, Revised Statutes, is amended by
 6-5     adding Section 5A to read as follows:
 6-6           Sec. 5A.  CERTIFICATE OF REGISTRATION.  (a)  A person may not
 6-7     perform a review or inspection function of the commission on behalf
 6-8     of the owner of a building or facility unless the person holds a
 6-9     certificate of registration issued under this section.
6-10           (b)  This section does not apply to an employee of:
6-11                 (1)  the department; or
6-12                 (2)  an entity with whom the commission contracts under
6-13     Section 5(d) of this article.
6-14           (c)  An applicant for a certificate of registration must file
6-15     with the commission an application on a form prescribed by the
6-16     commissioner.
6-17           (d)  To be eligible for a certificate of registration, an
6-18     applicant must satisfy any requirements adopted by the commissioner
6-19     by rule, including education and examination requirements.
6-20           (e)  The commissioner may issue a certificate of registration
6-21     to perform review functions of the commission, inspection functions
6-22     of the commission, or both review and inspection functions.
6-23           (f)  The commissioner may administer separate examinations
6-24     for applicants for certificates of registration to perform review
6-25     functions, inspection functions, or both review and inspection
6-26     functions.  Not later than the 30th day after the examination date,
 7-1     the commissioner shall notify each examinee of the results of the
 7-2     examination.
 7-3           (g)  The commissioner shall issue an appropriate certificate
 7-4     of registration to an applicant who meets the requirements for a
 7-5     certificate.
 7-6           (h)  The commissioner by rule shall specify the term of a
 7-7     certificate of registration issued under this section.
 7-8           (i)  The commissioner by rule may require certificate holders
 7-9     to attend continuing education courses specified by the
7-10     commissioner.  The commissioner may recognize, prepare, or
7-11     administer educational courses required for obtaining an original
7-12     certificate of registration and continuing education courses.
7-13           (j)  A certificate holder shall perform a review or
7-14     inspection function of the commission in a competent and
7-15     professional manner and in compliance with:
7-16                 (1)  standards and specifications adopted by the
7-17     commission under this article; and
7-18                 (2)  rules adopted by the commissioner under this
7-19     article.
7-20           (k)  A certificate holder may not engage in false or
7-21     misleading advertising in connection with the performance of review
7-22     or inspection functions of the commission.
7-23           SECTION 4.  Section 6, Article 9102, Revised Statutes, is
7-24     amended to read as follows:
7-25           Sec. 6.  FEES.  (a) The commission shall set and charge, in
7-26     accordance with Chapter 51, Occupations Code [Article 9100, Revised
 8-1     Statutes], fees for performing its functions under this article.
 8-2           (b)  The [fees shall be paid by the] owner of a building or
 8-3     facility is responsible for paying any fee charged by the
 8-4     commission for performing [when the department performs] a function
 8-5     related to the building or facility under this article.
 8-6           (c)  The commission may charge fees [must include a fee] for:
 8-7                 (1)  review of [reviewing] the plans or specifications
 8-8     of a building or facility;
 8-9                 (2)  inspection of [inspecting] a building or facility;
8-10     [and]
8-11                 (3)  an application for [processing] a variance from
8-12     [request to waive or modify] accessibility standards for a building
8-13     or facility;
8-14                 (4)  an application for a certificate of registration
8-15     under Section 5A of this article;
8-16                 (5)  an examination for a certificate of registration
8-17     under Section 5A of this article;
8-18                 (6)  an educational course required for eligibility for
8-19     a certificate of registration under Section 5A of this article;
8-20                 (7)  issuance of an original certificate of
8-21     registration under Section 5A of this article;
8-22                 (8)  a continuing education course required for
8-23     eligibility for renewal of a certificate of registration under
8-24     Section 5A of this article; and
8-25                 (9)  renewal of a certificate of registration under
8-26     Section 5A of this article.
 9-1           SECTION 5.  (a)  This Act takes effect immediately if it
 9-2     receives a vote of two-thirds of all the members elected to each
 9-3     house, as provided by Section 39, Article III, Texas Constitution.
 9-4     If this Act does not receive the vote necessary for immediate
 9-5     effect, this Act takes effect September 1, 2001.
 9-6           (b)  The commissioner of licensing and regulation shall adopt
 9-7     rules under Section 5A, Article 9102, Revised Statutes, as added by
 9-8     this Act, not later than January 1, 2002.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 484 passed the Senate on
         March 1, 2001, by the following vote:  Yeas 29, Nays 0, one present
         not voting; and that the Senate concurred in House amendments on
         May 24, 2001, by the following vote:  Yeas 30, Nays 0, one present
         not voting.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 484 passed the House, with
         amendments, on May 18, 2001, by the following vote:  Yeas 139,
         Nays 0, two present not voting.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor