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