By Duncan S.B. No. 484
77R776 SMH-F
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
2-1 this article [department shall inspect each building and facility
2-2 that has an estimated construction cost of $50,000 or more and that
2-3 is subject to this article] not later than the first anniversary of
2-4 the date that construction or substantial renovation, modification,
2-5 or alteration of the building or facility is completed. The
2-6 inspection must be performed by the department, an entity with whom
2-7 the commission contracts under Subsection (d) of this section, or a
2-8 person who holds a certificate of registration issued under Section
2-9 5A of this article, except that a certificate holder may not
2-10 inspect a building or facility that is leased by the state.
2-11 (p) [(o)] The standards and specifications adopted by the
2-12 commission under this article that apply specifically to a building
2-13 or facility occupied by a state agency involved in extending direct
2-14 services to persons with mobility impairments also apply to a
2-15 building or facility that is occupied by the Texas Rehabilitation
2-16 Commission.
2-17 (q) [(p)] Notwithstanding other provisions of this article,
2-18 the commission shall require complete compliance with the standards
2-19 and specifications prescribed or referenced by Subsection (p) [(o)]
2-20 of this section. The department and the General Services
2-21 Commission shall ensure that all buildings and facilities leased or
2-22 built by or for the state to which those standards apply comply
2-23 with those standards. The [Notwithstanding other provisions of
2-24 this article, the] department or, if applicable, an entity with
2-25 whom the commission contracts under Subsection (d) of this section
2-26 shall perform an on-site inspection of each building or facility
2-27 [all buildings and facilities to be] leased by the state before the
3-1 building or facility is occupied by the state for compliance with
3-2 all accessibility standards and specifications adopted under this
3-3 article. The leasing agency or the General Services Commission, as
3-4 applicable, shall cancel the lease unless the lessor brings into
3-5 compliance any condition that the inspection finds not to be in
3-6 compliance with all applicable standards and specifications not
3-7 later than:
3-8 (1) the 60th day after the date the department or, if
3-9 applicable, the entity with whom the commission contracts under
3-10 Subsection (d) of this section delivers the results of the
3-11 inspection to the lessor or the lessor's agent; or
3-12 (2) a later date established by the commission if
3-13 circumstances justify a later date.
3-14 SECTION 2. Article 9102, Revised Statutes, is amended by
3-15 adding Section 5A to read as follows:
3-16 Sec. 5A. CERTIFICATE OF REGISTRATION. (a) A person may not
3-17 perform a review or inspection function of the commission on behalf
3-18 of the owner of a building or facility unless the person holds a
3-19 certificate of registration issued under this section.
3-20 (b) This section does not apply to an employee of:
3-21 (1) the department; or
3-22 (2) an entity with whom the commission contracts under
3-23 Section 5(d) of this article.
3-24 (c) An applicant for a certificate of registration must file
3-25 with the commission an application on a form prescribed by the
3-26 commissioner.
3-27 (d) To be eligible for a certificate of registration, an
4-1 applicant must satisfy any requirements adopted by the commissioner
4-2 by rule, including education and examination requirements.
4-3 (e) The commissioner may issue a certificate of registration
4-4 to perform review functions of the commission, inspection functions
4-5 of the commission, or both review and inspection functions.
4-6 (f) The commissioner may administer separate examinations
4-7 for applicants for certificates of registration to perform review
4-8 functions, inspection functions, or both review and inspection
4-9 functions. Not later than the 30th day after the examination date,
4-10 the commissioner shall notify each examinee of the results of the
4-11 examination.
4-12 (g) The commissioner shall issue an appropriate certificate
4-13 of registration to an applicant who meets the requirements for a
4-14 certificate.
4-15 (h) The commissioner by rule shall specify the term of a
4-16 certificate of registration issued under this section.
4-17 (i) The commissioner by rule may require certificate holders
4-18 to attend continuing education courses specified by the
4-19 commissioner. The commissioner may recognize, prepare, or
4-20 administer educational courses required for obtaining an original
4-21 certificate of registration and continuing education courses.
4-22 (j) A certificate holder may not perform a review or
4-23 inspection function of the commission with regard to a building or
4-24 facility leased by the state.
4-25 (k) A certificate holder shall perform a review or
4-26 inspection function of the commission in a competent and
4-27 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 (l) 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;
5-27 (5) an examination for a certificate of registration
6-1 under Section 5A of this article;
6-2 (6) an educational course required for eligibility for
6-3 a certificate of registration under Section 5A of this article;
6-4 (7) issuance of an original certificate of
6-5 registration under Section 5A of this article;
6-6 (8) a continuing education course required for
6-7 eligibility for renewal of a certificate of registration under
6-8 Section 5A of this article; and
6-9 (9) renewal of a certificate of registration under
6-10 Section 5A of this article.
6-11 SECTION 4. This Act takes effect immediately if it receives
6-12 a vote of two-thirds of all the members elected to each house, as
6-13 provided by Section 39, Article III, Texas Constitution. If this
6-14 Act does not receive the vote necessary for immediate effect, this
6-15 Act takes effect September 1, 2001.