1-1 By: Duncan S.B. No. 484
1-2 (In the Senate - Filed January 31, 2001; February 1, 2001,
1-3 read first time and referred to Committee on State Affairs;
1-4 February 21, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 9, Nays 0;
1-6 February 21, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 484 By: Fraser
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the review of plans and specifications and the
1-11 inspection of buildings or facilities for the purpose of
1-12 eliminating architectural barriers encountered by persons with
1-13 disabilities.
1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15 SECTION 1. Section 5, Article 9102, Revised Statutes, is
1-16 amended by amending Subsections (d), (n), (o), and (p) and adding
1-17 Subsection (q) to read as follows:
1-18 (d) The commission may contract with other state agencies
1-19 and[,] political subdivisions[, nonprofit organizations, and
1-20 private independent contractors] to perform the commission's review
1-21 and inspection functions [for facilities that are not leased by the
1-22 state or a political subdivision] and may terminate those contracts
1-23 for cause.
1-24 (n) The commission may review plans and specifications, make
1-25 inspections, and issue certifications that structures not otherwise
1-26 covered by this article are free of architectural barriers and in
1-27 compliance with the provisions of this article.
1-28 (o) The owner of each building or facility that is subject
1-29 to this article and that has an estimated construction, renovation,
1-30 modification, or alteration cost of at least $50,000 is responsible
1-31 for having the building or facility inspected for compliance with
1-32 the standards and specifications adopted by the commission under
1-33 this article [department shall inspect each building and facility
1-34 that has an estimated construction cost of $50,000 or more and that
1-35 is subject to this article] not later than the first anniversary of
1-36 the date that construction or substantial renovation, modification,
1-37 or alteration of the building or facility is completed. The
1-38 inspection must be performed by the department, an entity with whom
1-39 the commission contracts under Subsection (d) of this section, or a
1-40 person who holds a certificate of registration issued under Section
1-41 5A of this article.
1-42 (p) [(o)] The standards and specifications adopted by the
1-43 commission under this article that apply specifically to a building
1-44 or facility occupied by a state agency involved in extending direct
1-45 services to persons with mobility impairments also apply to a
1-46 building or facility that is occupied by the Texas Rehabilitation
1-47 Commission.
1-48 (q) [(p)] Notwithstanding other provisions of this article,
1-49 the commission shall require complete compliance with the standards
1-50 and specifications prescribed or referenced by Subsection (p) [(o)]
1-51 of this section. The department and the General Services
1-52 Commission shall ensure that all buildings and facilities leased or
1-53 built by or for the state to which those standards apply comply
1-54 with those standards. The [Notwithstanding other provisions of
1-55 this article, the] department, an entity with whom the commission
1-56 contracts under Subsection (d) of this section, or a person who
1-57 holds a certificate of registration issued under Section 5A of this
1-58 article shall perform an on-site inspection of each building or
1-59 facility [all buildings and facilities to be] leased by the state
1-60 before the building or facility is occupied in whole or in part by
1-61 the state for compliance with all accessibility standards and
1-62 specifications adopted under this article. The leasing agency or
1-63 the General Services Commission, as applicable, shall cancel the
1-64 lease unless the lessor brings into compliance any condition that
2-1 the inspection finds not to be in compliance with all applicable
2-2 standards and specifications not later than:
2-3 (1) the 60th day after the date the department, the
2-4 entity with whom the commission contracts under Subsection (d) of
2-5 this section, or the person who holds a certificate of registration
2-6 issued under Section 5A of this article delivers the results of the
2-7 inspection to the lessor or the lessor's agent; or
2-8 (2) a later date established by the commission if
2-9 circumstances justify a later date.
2-10 SECTION 2. Article 9102, Revised Statutes, is amended by
2-11 adding Section 5A to read as follows:
2-12 Sec. 5A. CERTIFICATE OF REGISTRATION. (a) A person may not
2-13 perform a review or inspection function of the commission on behalf
2-14 of the owner of a building or facility unless the person holds a
2-15 certificate of registration issued under this section.
2-16 (b) This section does not apply to an employee of:
2-17 (1) the department; or
2-18 (2) an entity with whom the commission contracts under
2-19 Section 5(d) of this article.
2-20 (c) An applicant for a certificate of registration must file
2-21 with the commission an application on a form prescribed by the
2-22 commissioner.
2-23 (d) To be eligible for a certificate of registration, an
2-24 applicant must satisfy any requirements adopted by the commissioner
2-25 by rule, including education and examination requirements.
2-26 (e) The commissioner may issue a certificate of registration
2-27 to perform review functions of the commission, inspection functions
2-28 of the commission, or both review and inspection functions.
2-29 (f) The commissioner may administer separate examinations
2-30 for applicants for certificates of registration to perform review
2-31 functions, inspection functions, or both review and inspection
2-32 functions. Not later than the 30th day after the examination date,
2-33 the commissioner shall notify each examinee of the results of the
2-34 examination.
2-35 (g) The commissioner shall issue an appropriate certificate
2-36 of registration to an applicant who meets the requirements for a
2-37 certificate.
2-38 (h) The commissioner by rule shall specify the term of a
2-39 certificate of registration issued under this section.
2-40 (i) The commissioner by rule may require certificate holders
2-41 to attend continuing education courses specified by the
2-42 commissioner. The commissioner may recognize, prepare, or
2-43 administer educational courses required for obtaining an original
2-44 certificate of registration and continuing education courses.
2-45 (j) A certificate holder shall perform a review or
2-46 inspection function of the commission in a competent and
2-47 professional manner and in compliance with:
2-48 (1) standards and specifications adopted by the
2-49 commission under this article; and
2-50 (2) rules adopted by the commissioner under this
2-51 article.
2-52 (k) A certificate holder may not engage in false or
2-53 misleading advertising in connection with the performance of review
2-54 or inspection functions of the commission.
2-55 SECTION 3. Section 6, Article 9102, Revised Statutes, is
2-56 amended to read as follows:
2-57 Sec. 6. FEES. (a) The commission shall set and charge, in
2-58 accordance with Chapter 51, Occupations Code [Article 9100, Revised
2-59 Statutes], fees for performing its functions under this article.
2-60 (b) The [fees shall be paid by the] owner of a building or
2-61 facility is responsible for paying any fee charged by the
2-62 commission for performing [when the department performs] a function
2-63 related to the building or facility under this article.
2-64 (c) The commission may charge fees [must include a fee] for:
2-65 (1) review of [reviewing] the plans or specifications
2-66 of a building or facility;
2-67 (2) inspection of [inspecting] a building or facility;
2-68 [and]
2-69 (3) an application for [processing] a variance from
3-1 [request to waive or modify] accessibility standards for a building
3-2 or facility;
3-3 (4) an application for a certificate of registration
3-4 under Section 5A of this article;
3-5 (5) an examination for a certificate of registration
3-6 under Section 5A of this article;
3-7 (6) an educational course required for eligibility for
3-8 a certificate of registration under Section 5A of this article;
3-9 (7) issuance of an original certificate of
3-10 registration under Section 5A of this article;
3-11 (8) a continuing education course required for
3-12 eligibility for renewal of a certificate of registration under
3-13 Section 5A of this article; and
3-14 (9) renewal of a certificate of registration under
3-15 Section 5A of this article.
3-16 SECTION 4. (a) This Act takes effect immediately if it
3-17 receives a vote of two-thirds of all the members elected to each
3-18 house, as provided by Section 39, Article III, Texas Constitution.
3-19 If this Act does not receive the vote necessary for immediate
3-20 effect, this Act takes effect September 1, 2001.
3-21 (b) The commissioner of licensing and regulation shall adopt
3-22 rules under Section 5A, Article 9102, Revised Statutes, as added by
3-23 this Act, not later than January 1, 2002.
3-24 * * * * *