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A BILL TO BE ENTITLED
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AN ACT
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relating to the wheelchair accessibility of new or renovated park |
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playgrounds to children with disabilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 3, Parks and Wildlife Code, is amended by |
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adding Chapter 27 to read as follows: |
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CHAPTER 27. PROVISIONS APPLICABLE TO PARKS IN THIS STATE |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 27.001. DEFINITION. In this chapter, "political |
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subdivision" means a county, municipality, special district, river |
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authority, or other governmental entity created under the authority |
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of the state or a county or municipality. |
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Sec. 27.002. APPLICABILITY. Except as otherwise provided |
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by this chapter, this chapter applies to a land or water park that |
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is owned, operated, or maintained by this state or a political |
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subdivision of this state. |
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[Sections 27.003-27.020 reserved for expansion] |
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SUBCHAPTER B. PLAY AREAS IN PARKS |
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Sec. 27.021. APPLICABILITY OF SUBCHAPTER. This subchapter |
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applies only to a park in which after December 31, 2009: |
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(1) a playground is newly constructed; or |
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(2) at least 50 percent of a playground's equipment or |
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facilities are renovated. |
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Sec. 27.022. ACCESSIBILITY OF PLAYGROUNDS. (a) A park |
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subject to this subchapter must have a wheelchair-accessible |
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surface wide enough for two wheelchairs to pass that connects the |
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parking area to each playground in the park. |
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(b) At least 25 percent of the play equipment in a |
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playground subject to this subchapter must be wheelchair |
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accessible. |
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Sec. 27.023. GUIDELINES TO ASSIST IN PARK DEVELOPMENT AND |
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MAINTENANCE. (a) The commission by rule may adopt guidelines |
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designed to assist an entity that develops or maintains a park in |
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the purchase, design, construction, or installation of |
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wheelchair-accessible surfaces and equipment. |
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(b) Before adopting guidelines under this section, the |
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commission must consult with the Department of Aging and Disability |
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Services or another qualified person for advice on surface |
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materials and the design, construction, and installation of |
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pathways and equipment that are appropriate for providing |
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wheelchair accessibility. |
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SECTION 2. This Act takes effect September 1, 2009. |