TABLE OF CONTENTS
Section 1. Policy
Section 2. Application
Section 3. Scope
Section 4. Definitions
Section 5. Responsibilities for Enforcement
Section 6. Fees
Section 7. Advisory Committee
Section 8. Former Statute Reference
Section 1. POLICY.
The provisions of this article are to further the policy of the State of Texas to
encourage and promote the rehabilitation of persons with disabilities and to eliminate,
insofar as possible, unnecessary barriers encountered by persons with disabilities, whose
ability to engage in gainful occupations or to achieve maximum personal independence is
needlessly restricted when such persons cannot readily use public buildings.
Section 2. APPLICATION.(Amended
effective September 1, 1993 by Acts of the 73rd Legislature; paragraph (g) effective June
14, 1995 by Acts of the 74th Legislature)
(a) The standards adopted under this article apply to:
(1) a building or facility used by the public that is constructed, or substantially
renovated, modified, or altered, in whole or in part on or after January 1, 1970, through
the use of state, county, or municipal funds, or the funds of any political subdivision of
the state;
(2) the temporary or emergency construction of a building or facility described by this
subsection or Subsection (b) of this section;
(3) a building leased or occupied in whole or in part for use
by the state under any lease or rental agreement entered into on or after January l, 1972;
(4) a privately funded building or facility defined as a "public
accommodation" by Section 301(7) of the Americans with Disabilities Act of 1990 (42
U.S.C. Section 12181), that is constructed or substantially renovated, modified, or
altered on or after January 1, 1992; and
(5) a privately funded building or facility defined as a "commercial
facility" by Section 301, Americans with Disabilities Act of 1990 (42 U.S.C. Section
12181), that is constructed or substantially renovated, modified, or altered on or after
September 1, 1993.
(b) To the extent there is no conflict with federal law and
it is not beyond the state's power of regulation, the standards adopted under this article
also apply to a building or facility constructed in this state, or a building or facility
leased or rented for use by the state, through the use of federal funds.
(c) The commissioner may waive or modify accessibility standards adopted under this
article when:
(1) the application of the standards is considered by the commissioner to be irrelevant
to the nature, use, or function of a building or facility covered by this article; or
(2) the owner of a building or facility that is the
subject of a request for a waiver or modification of a standard under this subsection, or
the owner's designated agent, presents proof to the commissioner that compliance with the
particular standard is impracticable.
(d) An owner of a building described by Subsection (a)(3)
of this section or of a building or facility leased or rented for use by the state through
the use of federal funds, or the owner's designated agent, must present to the
commissioner the proof required by Subsection (c)(2) of this
section before the date the owner:
(1) submits a bid proposal in relation to the award of a contract for the lease or
rental of the building or facility; or
(2) is awarded the contract for the lease or rental of the building or facility if the
state does not advertise for bids.
(e) The commissioner may not waive or modify any standard or specification when:
(1) waiving or modifying a standard or specification would result in a significant
impairment of the acquisition of goods and services by persons with disabilities or
substantially reduce the potential for employment of persons with disabilities; or
(2) the proof presented to the commissioner under Subsection
(c)(2) of this section is not adequate.
(f) All evidence supporting waiver or modification determinations made by the
commissioner shall be made a matter of record and become part of the file system
maintained by the department.
(g) The standards adopted under this article do not apply to a place used primarily for
religious rituals within either a building or facility of a religious organization.
Section 3. SCOPE.
(a) This article is concerned with nonambulatory disabilities, semiambulatory
disabilities, sight disabilities, hearing disabilities, disabilities of coordination, and
aging.
(b) It is intended to make all buildings and facilities covered by this article
accessible to, and functional for, persons with disabilities to, through, and within their
doors, without loss of function, space, or facilities where the general public is
concerned.
Section 4. DEFINITIONS.
For the purpose of this article the following terms have the meanings as herein set
forth:
(1) "Disability" means with respect to an individual a physical or
mental impairment that substantially limits one or more of the major life activities of
such individual.
(2) "Commission" means the Texas Commission of Licensing and
Regulation.
(3) "Commissioner" means the commissioner of licensing and regulation.
(4) "Department" means the Texas Department of Licensing and
Regulation.
(5) "Architect" means a person registered as an architect under
Chapter 478, Acts of the 45th Legislature, Regular Session, 1937 (Article 249a, Vernon's
Texas Civil Statutes).
(6) "Engineer" means a person registered as an engineer under The
Texas Engineering Practice Act (Article 3271a, Vernon's Texas Civil statutes).
Section 5. RESPONSIBILITIES FOR ENFORCEMENT. (Amended effective September 1, 1993 by Acts of the 73rd Legislature; amended
effective September 1, 1997 by Acts of the 75th Legislature)
(a) In the administration and enforcement of this article, the commissioner shall have
the assistance of appropriate state rehabilitation agencies and of the Governor's
Committee on People with Disabilities in carrying out commissioner responsibilities. State
agencies involved in extending direct services to persons with disabilities are authorized
to enter into interagency contracts with the department to provide such additional funding
as might be required to insure that service objectives and responsibilities of such
agencies are achieved through the administration of this article. In enforcing this
article the commissioner shall also receive the assistance of all appropriate elective or
appointive state officials. The commissioner may contract with other state agencies,
political subdivisions, nonprofit organizations, and private independent contractors to
perform the commissioner's review and inspection functions for privately financed
buildings that are not leased by the state or a political subdivision and may terminate
those contracts for cause. The department shall from time to time inform professional
organizations and others, including persons with disabilities, architects, engineers, and
other building professionals, of this law and its application. Information disseminated by
the department about the program shall include the types of buildings and leases covered
by this article, the procedures for submitting plans and specifications for review,
complaint procedures, and the address and phone number of the department's program. The
department may enter into cooperative agreements to integrate information about the
program with information produced or distributed by other public entities or by private
entities.
(b) The commissioner has all necessary powers to require compliance with the
department's rules and regulations and modifications thereof and substitutions therefor.
The commission may also impose an administrative penalty under Section 17, Article 9100, Revised Statutes,
on a building owner for a violation of this article or a rule adopted under this article.
Each day that the violation is not corrected constitutes a separate violation. The
commissioner, when the commission considers imposing an administrative penalty under this
section, shall first notify a person responsible for the building and allow that person 90
days to bring the building into compliance. The commissioner shall have the authority to
extend the 90-day period when circumstances justify such extension.
(c) The standards and specifications to be adopted by the commissioner under this
article shall be consistent in effect to those adopted by the American National Standards
Institute, Inc. (or its federally recognized successor in function), and the department
shall publish the standards and specifications in a readily accessible form for the use of
interested parties. The standards, specifications, and other rules to be adopted by the
commissioner under this article shall also be consistent with those adopted under federal
law.
(d) All plans and specifications for construction or for the substantial renovation,
modification, or alteration of a building or facility that has an estimated construction
cost of $50,000 or more and that is subject to the provisions of this article shall be
submitted to the department for review and approval prior to the time that construction or
that substantial renovation, modification, or alteration on the building or facility
begins in accordance with rules and regulations adopted by the commissioner. Plans and
specifications related to the building or facility shall be submitted to the department by
the architect, interior designer, or engineer who has overall responsibility for the
design of the constructed or reconstructed building or facility. The owner shall submit
the plans and specifications to the department if there is no architect, interior
designer, or engineer with that responsibility. Likewise, any substantial modification of
approved plans shall be resubmitted to the department for review and approval. The plans
and specifications that are not approved or disapproved by the department within 30 days
from the receipt of the plans and specifications are automatically approved. If an
architect, interior designer, or engineer required to submit or resubmit plans and
specifications to the department fails to do so in a timely manner, the commissioner shall
report the fact to the Texas Board of Architectural Examiners or the State Board of
Registration for Professional Engineers, as appropriate.
(e) The commissioner may review plans and specifications, make inspections, and issue
certifications that structures not otherwise covered by this article are free of
architectural barriers and in compliance with the provisions of this article. The
department shall inspect each building and facility that has an estimated construction
cost of $50,000 or more and that is subject to this article not later than the first
anniversary of the date that construction or substantial renovation, modification, or
alteration of the building or facility is completed.
(f)
(1) The commissioner shall contract with a municipality to perform the commissioner's
review and inspection functions for privately financed buildings that are not leased by
the state or a political subdivision if:
(A) the municipality requests permission to perform such duties;
(B) the municipality is staffed with a sufficient number of qualified personnel to
perform such duties in the judgment of the commissioner; and
(C) the municipality agrees to contract terms required by the commissioner.
(2) The commissioner shall require municipal personnel who perform such duties to
comply with qualification or certification requirements adopted or approved by the
commissioner. The commissioner, not later than April 1, 1994, shall adopt qualification
requirements or implement certification programs under this subsection and shall commence
entering into contracts with municipalities qualifying under this subsection.
(g) The standards and specifications adopted by the commissioner under this article
that apply specifically to a building or facility occupied by a state agency involved in
extending direct services to persons with mobility impairments also apply to a building or
facility that is occupied by the Texas Rehabilitation Commission.
(h) Notwithstanding other provisions of this article, the commissioner shall require
complete compliance with the standards and specifications prescribed or referenced by
Subsection (g) of this section. The department and the General Services Commission shall
ensure that all buildings and facilities leased or built by or for the state comply with
those standards. Notwithstanding other provisions of this article, the department shall
perform an on-site inspection of all buildings and facilities to be leased by the state
before the building or facility is occupied by the state for compliance with all
accessibility standards and specifications adopted under this article. The leasing agency
or the General Services Commission, as applicable, shall cancel the lease unless the
lessor brings into compliance any condition that the inspection finds not to be in
compliance with all applicable standards and specifications not later than:
(1) the 60th day after the date the department delivers the results of the inspection
to the lessor or the lessor's agent; or
(2) a later date established by the commissioner if circumstances justify a later date.
Section 6. FEES.
The commission shall set and charge, in accordance with Section 12, Article 9100, Revised Statutes,
fees for performing its functions under this article. The fees shall be paid by the owner
of a building when the department performs a function related to the building under this
article. The fees must include a fee for:
(1) reviewing the plans or specifications of a building;
(2) inspecting a building; and
(3) processing a request to waive or modify accessibility standards for a building.
Section 7. ADVISORY COMMITTEE.
(a) The commission shall appoint an advisory committee for the architectural barriers
program. The committee shall be composed of building professionals and persons with
disabilities who are familiar with architectural barrier problems and solutions. The
committee shall be composed of at least eight members. Persons with disabilities must make
up a majority of the membership.
(b) A committee member serves at the will of the commission. A member may not receive
compensation for service on the committee but is entitled to reimbursement for actual and
necessary expenses incurred in performing functions as a member.
(c) The committee shall elect a member of the committee as chair. The committee shall
meet at least twice each calendar year at the call of the committee chair or at the call
of the commissioner.
(d) The committee periodically shall review the rules relating to the architectural
barriers program and recommend changes in the rules to the commission and the
commissioner. The commissioner shall submit all proposed changes to rules and procedures
that relate to the architectural barriers program to the committee for review and comment
before adoption or implementation of the new or amended rule or procedure.
Section 8. FORMER STATUTE REFERENCE.
All references in law to the former architectural barriers statute, Article 7, State
Purchasing and General Services Act (Article 601b, Vernon's Texas Civil Statutes), mean
this article.
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