By: Duncan S.B. No. 484
A BILL TO BE ENTITLED
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. Section 5, Article 9102, Revised Statutes, is
1-8 amended by amending Subsections (d), (n), (o), and (p) and adding
1-9 Subsection (q) to read as follows:
1-10 (d) The commission may contract with other state agencies
1-11 and[,] political subdivisions[, nonprofit organizations, and
1-12 private independent contractors] to perform the commission's review
1-13 and inspection functions [for facilities that are not leased by the
1-14 state or a political subdivision] and may terminate those contracts
1-15 for cause.
1-16 (n) The commission may review plans and specifications, make
1-17 inspections, and issue certifications that structures not otherwise
1-18 covered by this article are free of architectural barriers and in
1-19 compliance with the provisions of this article.
1-20 (o) The owner of each building or facility that is subject
1-21 to this article and that has an estimated construction, renovation,
1-22 modification, or alteration cost of at least $50,000 is responsible
1-23 for having the building or facility inspected for compliance with
1-24 the standards and specifications adopted by the commission under
1-25 this article [department shall inspect each building and facility
2-1 that has an estimated construction cost of $50,000 or more and that
2-2 is subject to this article] not later than the first anniversary of
2-3 the date that construction or substantial renovation, modification,
2-4 or alteration of the building or facility is completed. The
2-5 inspection must be performed by the department, an entity with whom
2-6 the commission contracts under Subsection (d) of this section, or a
2-7 person who holds a certificate of registration issued under Section
2-8 5A of this article.
2-9 (p) [(o)] The standards and specifications adopted by the
2-10 commission under this article that apply specifically to a building
2-11 or facility occupied by a state agency involved in extending direct
2-12 services to persons with mobility impairments also apply to a
2-13 building or facility that is occupied by the Texas Rehabilitation
2-14 Commission.
2-15 (q) [(p)] Notwithstanding other provisions of this article,
2-16 the commission shall require complete compliance with the standards
2-17 and specifications prescribed or referenced by Subsection (p) [(o)]
2-18 of this section. The department and the General Services
2-19 Commission shall ensure that all buildings and facilities leased or
2-20 built by or for the state to which those standards apply comply
2-21 with those standards. The [Notwithstanding other provisions of
2-22 this article, the] department, an entity with whom the commission
2-23 contracts under Subsection (d) of this section, or a person who
2-24 holds a certificate of registration issued under Section 5A of this
2-25 article shall perform an on-site inspection of each building or
2-26 facility [all buildings and facilities to be] leased by the state
3-1 before the building or facility is occupied in whole or in part by
3-2 the state for compliance with all accessibility standards and
3-3 specifications adopted under this article. The leasing agency or
3-4 the General Services Commission, as applicable, shall cancel the
3-5 lease unless the lessor brings into compliance any condition that
3-6 the inspection finds not to be in compliance with all applicable
3-7 standards and specifications not later than:
3-8 (1) the 60th day after the date the department, the
3-9 entity with whom the commission contracts under Subsection (d) of
3-10 this section, or the person who holds a certificate of registration
3-11 issued under Section 5A of this article delivers the results of the
3-12 inspection to the lessor or the lessor's agent; or
3-13 (2) a later date established by the commission if
3-14 circumstances justify a later date.
3-15 SECTION 2. Article 9102, Revised Statutes, is amended by
3-16 adding Section 5A to read as follows:
3-17 Sec. 5A. CERTIFICATE OF REGISTRATION. (a) A person may not
3-18 perform a review or inspection function of the commission on behalf
3-19 of the owner of a building or facility unless the person holds a
3-20 certificate of registration issued under this section.
3-21 (b) This section does not apply to an employee of:
3-22 (1) the department; or
3-23 (2) an entity with whom the commission contracts under
3-24 Section 5(d) of this article.
3-25 (c) An applicant for a certificate of registration must file
3-26 with the commission an application on a form prescribed by the
4-1 commissioner.
4-2 (d) To be eligible for a certificate of registration, an
4-3 applicant must satisfy any requirements adopted by the commissioner
4-4 by rule, including education and examination requirements.
4-5 (e) The commissioner may issue a certificate of registration
4-6 to perform review functions of the commission, inspection functions
4-7 of the commission, or both review and inspection functions.
4-8 (f) The commissioner may administer separate examinations
4-9 for applicants for certificates of registration to perform review
4-10 functions, inspection functions, or both review and inspection
4-11 functions. Not later than the 30th day after the examination date,
4-12 the commissioner shall notify each examinee of the results of the
4-13 examination.
4-14 (g) The commissioner shall issue an appropriate certificate
4-15 of registration to an applicant who meets the requirements for a
4-16 certificate.
4-17 (h) The commissioner by rule shall specify the term of a
4-18 certificate of registration issued under this section.
4-19 (i) The commissioner by rule may require certificate holders
4-20 to attend continuing education courses specified by the
4-21 commissioner. The commissioner may recognize, prepare, or
4-22 administer educational courses required for obtaining an original
4-23 certificate of registration and continuing education courses.
4-24 (j) A certificate holder shall perform a review or
4-25 inspection function of the commission in a competent and
4-26 professional manner and in compliance with:
5-1 (1) standards and specifications adopted by the
5-2 commission under this article; and
5-3 (2) rules adopted by the commissioner under this
5-4 article.
5-5 (k) A certificate holder may not engage in false or
5-6 misleading advertising in connection with the performance of review
5-7 or inspection functions of the commission.
5-8 SECTION 3. Section 6, Article 9102, Revised Statutes, is
5-9 amended to read as follows:
5-10 Sec. 6. FEES. (a) The commission shall set and charge, in
5-11 accordance with Chapter 51, Occupations Code [Article 9100, Revised
5-12 Statutes], fees for performing its functions under this article.
5-13 (b) The [fees shall be paid by the] owner of a building or
5-14 facility is responsible for paying any fee charged by the
5-15 commission for performing [when the department performs] a function
5-16 related to the building or facility under this article.
5-17 (c) The commission may charge fees [must include a fee] for:
5-18 (1) review of [reviewing] the plans or specifications
5-19 of a building or facility;
5-20 (2) inspection of [inspecting] a building or facility;
5-21 [and]
5-22 (3) an application for [processing] a variance from
5-23 [request to waive or modify] accessibility standards for a building
5-24 or facility;
5-25 (4) an application for a certificate of registration
5-26 under Section 5A of this article;
6-1 (5) an examination for a certificate of registration
6-2 under Section 5A of this article;
6-3 (6) an educational course required for eligibility for
6-4 a certificate of registration under Section 5A of this article;
6-5 (7) issuance of an original certificate of
6-6 registration under Section 5A of this article;
6-7 (8) a continuing education course required for
6-8 eligibility for renewal of a certificate of registration under
6-9 Section 5A of this article; and
6-10 (9) renewal of a certificate of registration under
6-11 Section 5A of this article.
6-12 SECTION 4. (a) This Act takes effect immediately if it
6-13 receives a vote of two-thirds of all the members elected to each
6-14 house, as provided by Section 39, Article III, Texas Constitution.
6-15 If this Act does not receive the vote necessary for immediate
6-16 effect, this Act takes effect September 1, 2001.
6-17 (b) The commissioner of licensing and regulation shall adopt
6-18 rules under Section 5A, Article 9102, Revised Statutes, as added by
6-19 this Act, not later than January 1, 2002.