(Austin) – The Texas Commission of Licensing and Regulation, the governing body of the Texas Department of Licensing and Regulation (TDLR), voted today not to appeal the recent court decision overturning TDLR’s interpretation of the Texas Architectural Barriers Act applicability towards religious facilities (Coalition of Texans with Disabilities (CTD) v. Tommy Smith in his official capacity and successors, and the TDLR Commission). The Third Court of Appeals ruled that TDLR’s interpretation granted too broad of an exemption for religious facilities.

"The court ruling provides a fair compromise between the positions of the Americans with Disabilities Act (ADA) and the disability community," said Bill Kuntz, Executive Director of TDLR. "Unlike the ADA, state law mandates accessibility in most parts of religious facilities, enabling more Texans to enjoy personal independence while celebrating their faith. Further, the court ruling has remanded the case to the district court for subsequent proceedings."

The state law maintains that the architectural barriers standards "do not apply to a place used primarily for religious rituals within either a building or facility of a religious organization" (Section 2(g), Article 9102, Vernon’s Texas Civil Statutes). Prior to the court ruling, TDLR had exempted the entire sanctuary building and any connected buildings. That interpretation was challenged in a lawsuit by CTD contending that it exceeded the scope of the statute. The federal ADA exempts "religious organizations or entities controlled by religious organizations, including places of worship" (ADA, Sec. 307).

"It is important to note that the state law applies only to new construction or renovations exceeding $50,000. Existing religious facilities not undergoing such renovations are not affected," Mr. Kuntz stated.

The Texas Commission of Licensing and Regulation is comprised of six members appointed by the Governor to oversee the Texas Department of Licensing and Regulation. Created in 1909 as the Bureau of Labor Statistics, the Texas Department of Licensing and Regulation promotes a fair business environment and protects the public welfare and safety by regulating 17 diverse industries and programs, including elevators, boxing, and air conditioning contractors. It received responsibility for enforcement of the architectural barriers program in 1991.

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