HBA-KMH S.B. 959 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 959 By: Barrientos Licensing & Administrative Procedures 5/6/1999 Engrossed BACKGROUND AND PURPOSE In 1990, the U.S. Congress approved an architectural barriers program called the Americans with Disabilities Act (ADA), similar to an architectural barrier law passed in Texas in1970. Currently, there are some inconsistencies between the two programs. The commissioner of licensing and regulation presently oversees laws regarding architectural barriers. S.B. 959 amends certain provisions of Texas law requiring compliance with the Americans with Disabilities Act in this state. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 1, Article 9102, V.T.C.S., to delete text specifying that compliance with the provisions of this article is based on instances when specified person cannot readily use public buildings. SECTION 2. Amends Sections 2(a), (d), (e), and (f), Article 9102, V.T.C.S., to apply this article to a building or facility that is constructed or renovated, rather than substantially renovated, on or after January 1, 1970, under specified conditions and to a privately funded building or facility defined as a "public accommodation" by the Americans with Disabilities Act (ADA) and its subsequent amendments, that is constructed or renovated, rather than substantially renovated, on or after January 1, 1992. Requires certain owners or the owner's agent to present proof required by this section to the Texas Commission of Licensing and Regulation (commission), rather than the commissioner of licensing and regulation (commissioner). Prohibits the commission, rather than the commissioner, from waiving any standard or specification when the commission knows that waiving or modifying a standard or specification under specified conditions would result in a violation of the ADA and its subsequent amendments. Makes conforming changes. SECTION 3. Amends Section 2(c), Article 9102, V.T.C.S., to make conforming changes. SECTION 4. Amends Section 3(b), Article 9102, V.T.C.S., to make a conforming change. SECTION 5. Amends Section 4, Article 9102, V.T.C.S., to define "interior designer" and "landscape architect" and to alphabetize the list of definitions. SECTION 6. Amends Section 5, Article 9102, V.T.C.S., as follows: Sec. 5. New Title: DEPARTMENT RESPONSIBILITIES. Provides that the commission's authorization to contract with certain entities to perform a review and inspection under this section pertains to facilities, rather than privately financed buildings, that are not leased by the state or political subdivision. Deletes text regarding the time frame that certain plans are required to be submitted to the Texas Department of Licensing and Regulation (department). Includes a landscape architect in the list of persons who if the person has overall responsibility for the design of the constructed or reconstructed building or facility is required to submit the plans and specifications to the department within a specified time. Requires the owner to submit the plans and specifications to the department within a specified time if there is no such other person as described in this section with responsibility, and proof of submission to a local governmental entity on application for a related building permit. Requires the department to notify certain state professional boards or a licensing authority that regulates an individual, if a landscape architect fails to submit the required plans. Requires certain professional individuals to submit their plans to the department for approval by a certain date. Deletes the requirement that automatically approves certain resubmitted plans within a certain date if not approved by that date. Deletes certain requirements that the commissioner contract with a municipality regarding inspection functions for privately financed buildings. Deletes the provision requiring the commissioner to require certain personnel to comply with qualification or certification requirements adopted or approved by the commissioner. Deletes the provision requiring the commissioner to adopt such qualification or certification requirements. Makes conforming and nonsubstantive changes. SECTION 7. Amends Section 6, Article 9102, V.T.C.S., as follows: Sec. 6. New Title. FEES. Requires the commission to set and charge certain fees in accordance with Article 9100, V.T.C.S., rather than Section 12, Article 9100, V.T.C.S. SECTION 8. Amends Section 7(d), Article 9102, V.T.C.S., to make conforming changes. SECTION 9. Amends Section 681.009(b), Transportation Code, to provide that a political subdivision must designate certain parking spaces as established by the commission, under Section 5(i), Article 9102, V.T.C.S., rather than the commissioner under Section 5(c), Article 9102, V.T.C.S. SECTION 10. Requires certain rules adopted by the commissioner to continue as a rule of the commission. SECTION 11.Makes application of this Act prospective. SECTION 12.Effective date: September 1, 1999. SECTION 13.Emergency clause.