History of the Architectural Barriers Act in Texas
ORIGINAL ACT - Senate Bill 111, 61st Legislature, 1969
Application:
1. All buildings and facilities that are constructed or that are substantially renovated with public funds.
2. Allowed a self-governing provision for the University of Texas System.
3. Identified the State Building Commission as the enforcing agency.
Effective: January 1, 1970.
STATUTORY CHANGE - House Bill 1319, 62nd Legislature, 1971
Application:
1. Added buildings and facilities leased by state agencies.
2. Added the requirement for plans and specifications to be submitted to the Commission for review and approval prior to bidding and award of construction contract.
3. Deleted the self-governing provision permitted for the University of Texas System.
Effective: January 1, 1972.
STATUTORY CHANGE - 63rd Legislature, 1973
Application:
Added back the self-governing provision for the University of Texas System and gave the UT Board of Regents the same powers and responsibilities given the Commission for buildings and facilities under their jurisdiction.
Effective: September 1, 1973.
STATUTORY CHANGE - Senate Bill 773, 65th Legislature, 1977
Application:
1. All administrative and enforcement powers and responsibilities of the State Building Commission were transferred to the State Board of Control.
2. Added that the Commission or any handicapped person desiring to seek District Court injunction to compel compliance must first notify and allow the building owner at least 90 days to bring the building into compliance.
3. Added the following building types constructed after January 1, 1978, with private funds in counties of 50,000 or more population:
- shopping centers
- transportation terminals
- theaters and auditoriums
- hospitals and related medical facilities
- nursing homes
- office buildings
- funeral homes
- commercial business and trade schools
Effective: September 1, 1977
STATUTORY CHANGE - House Bill 1673, 66th Legislature, 1979
Application:
1. Abolished the State Board of Control and created the State Purchasing and General Services Commission to administer the same general programs and activities including the Architectural Barriers Program.
2. Removed the dimensional requirements from the statute and required the Commission to adopt accessibility standards and specifications that would be consistent in effect to those adopted by the American National Standards Institute, Inc. (ANSI).
Effective: September 1, 1979
STATUTORY CHANGE - Senate Bill 5, 67th Legislature, 1981
Application:
1. Reduced county population criteria to 45,000.
2. Granted the Commission the authority to modify or waive standards and specifications in privately owned buildings and facilities covered by the law.
Effective: September 1, 1981
STATUTORY CHANGE - House Bill 39, 72nd Legislature, Second Called Session, 1991
Application:
1. Transferred the Elimination of Architectural Barriers Program to Texas Department of Licensing and Regulation.*
2. Added provisions for fees.*
3. Changed the application to include facilities considered "Public Accommodation" as defined by the Americans with Disabilities Act.
4. Places responsibilities for submitting construction documents on architects, engineers, or building owners.
5. Added provision for inspections.
6. Added penalties as provided by Article 9100, T.C.S.
7. Added provision for the creation of an advisory committee.
8. Added provisions for contracting for services.
9. Stipulates state standards shall be consistent with Federal Law.
10. Removed the self governing provision for University of Texas System.
11. Required TDLR to pursue equivalency certification from the US Department of Justice as provided by the ADA.
Effective: January 1, 1992
Effective*: September 1, 1991
STATUTORY CHANGE - Senate Bill 540, 73rd Legislature, 1993
Application:
1. Changed the application to include privately funded buildings and facilities defined as "Commercial Facilities" by the Americans with Disabilities Act.
2. Requires that plans and specifications be submitted for review and inspections be performed on facilities when the estimated construction cost are $50,000 or more.
3. Places responsibility for submitting construction documents on interior designers who have over all responsibility for the design.
4. Requires the Commissioner to contract with municipalities for review and inspection functions for privately financed facilities.
Effective: September 1, 1993.
CHANGE IN STANDARDS -
The Texas Commission of Licensing and Regulation adopted the Texas Accessibility Standards (TAS) on December 17, 1993. TAS applies to subject buildings and facilities constructed on or after April 1, 1994.
Effective: April 1, 1994
STATUTORY CHANGE - House Bill 1612, 74th Legislature, 1995
Application:
Exempts places used primarily for religious rituals within either a building or facility of a religious organization.
Effective: June 14, 1995.
EQUIVALENCY CERTIFICATION BY DOJ -
On September 23, 1996 the US Department of Justice issued certification that the Texas Accessibility Standards, the Texas Architectural Barriers Act and the Architectural Barriers Administrative Rules, meet or exceed the new construction and alterations requirements of Title III of the Americans with Disabilities Act.
STATUTORY CHANGE -
House Bills 580 and 2493, 75th Legislature, 1997
Application:
Expanded parking requirements for state occupied facilities, including state leases and requires that state leases be inspected prior to occupancy.
Effective: September 1, 1997
STATUTORY CHANGE -
Senate Bill 959, 76th Legislature, 1999
Application:
1. Places responsibility for submitting construction documents on landscape architects who have overall responsibility for the design.
2. Changed the deadline for submitting construction documents to not later than the fifth day after affixing the applicable professional seal. If there is not a design professional with overall responsibility, the owner shall submit construction documents within 30 day after construction begins.
3. Requires the owner to submit proof that construction documents have been submitted to TDLR when applying for a local building permit. This provision does not stipulate that the local entity must withhold a permit if they do not receive proof of submittal to TDLR.
4. TDLR is now permitted to contract with contract providers to perform reviews and inspection of publicly funded projects.
Effective: September 1, 1999
STATUTORY CHANGE -
Senate Bill 484, 77th Legislature, 2001
Application:
1. Deleted stipulation that a building owner must apply for a variance prior to submitting a bid for a state lease or prior to award of a state lease contract.
2. Exempts state leases from registration requirements when the annual lease payment is $12,000 or less, including free space.
3. Limits contracting capabilities to state agencies and political subdivisions of the state.
4. Establishes provisions for Certificates of Registration for individuals who desire to perform plan reviews and/or inspections for TDLR and addresses specific criteria for obtaining and maintaining a Certificate of Registration..
5. Requires that design professionals with overall responsibility submit plans to TDLR not later than the fifth day after issuance of the plans or specifications and addresses instances involving multiple issue dates.
6. Prohibits the owner from allowing an application for a building permit to be filed for construction to commence before the plans and specifications are submitted to TDLR.
7. Requires owner, upon application for building permit, to submit proof that plans have been submitted to TDLR.
8. Places the responsibility for having covered buildings and facilities inspected on the owner.
9. Prohibits building officials from accepting an application for a building permit unless the official verifies that a project has been registered with TDLR.
Effective: June 17, 2001
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