HBA-CCH, EDN H.B. 199 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 199
By: Pitts
Licensing & Administrative Procedures
2/25/2001
Introduced



BACKGROUND AND PURPOSE 

The Architectural Barriers program (program) of the Texas Department of
Licensing and Regulation (TDLR) inspects and reviews buildings regarding
architectural barriers encountered by persons with disabilities.
Currently, for the entire state, TDLR has only 12 inspectors and 12
reviewers to perform these functions in compliance with state law.  As a
result, it is difficult for TDLR to meet the increasing number of requests
for reviews and inspections on buildings which architectural barrier
specifications must be met. Restructuring TDLR's Architectural Barriers
program would allow TDLR to train and certify people from the private
sector to carry out architectural barrier inspections to reduce the number
of full-time employees associated with the program and deploy them to other
divisions of TDLR.  House Bill 199 restructures the Architectural Barriers
program so that inspections must be conducted by TDLR, an entity with whom
TDLR contracts, or a person who holds a certificate of registration.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the commissioner of licensing and
regulation in SECTION 2 (Section 5A, Article 9102, Revised Statutes) of
this bill. 

ANALYSIS

House Bill 199 amends law to remove the provision that authorizes the Texas
Commission of Licensing and Regulation (commission) to contract with
nonprofit organizations or private independent contractors to perform the
commission's review and inspection of buildings that must comply with
regulations regarding architectural barriers to those with disabilities.
H.B. 199 also removes the provision that the commission's reviews and
inspections are for facilities that are not leased by the state or a
political subdivision. 

H.B. 199 provides that the owner of each building or facility that has an
estimated construction, renovation, modification, or alteration cost of at
least $50,000 is responsible for having it inspected for compliance with
the standards and specifications adopted by the commission.  The bill
provides that the inspection must be performed by the Texas Department of
Licensing and Regulation (TDLR), an entity with whom the commission
contracts to perform its functions (entity), or a person who holds a
certificate of registration (certificate), except that a certificate holder
is prohibited from inspecting a building or facility that is leased by the
state. The bill specifies that established requirements regarding on-site
inspections and the delivery of inspection results apply to an entity with
whom the commission contracts.  
 
H.B. 199 prohibits a person who does not hold a certificate from performing
a function of the commission, unless the person is an employee of TDLR or
an entity.  An applicant for a certificate must file an application with
the commission on a form prescribed by the commissioner, and must satisfy
any requirements adopted by the commissioner by rule, in which event the
commissioner is required to issue an appropriate certificate to the
applicant.  The bill authorizes the commissioner to issue a certificate or
to administer separate examinations for certificates to perform review
functions, inspection functions, or both, but requires that the
commissioner notify each examinee of the results of the examination no
later than the 30th day after the examination date.  H.B. 199 requires the
commissioner to specify, by rule, the term of  a certificate and authorizes
the commissioner to require, by rule, certificate holders to attend
continuing education courses.  The commissioner is authorized to recognize,
prepare, or administer educational courses required for obtaining an
original certificate and continuing education courses.  The bill requires
that a certificate holder perform a function in a competent and
professional manner and in compliance with the standards, specifications
and rules adopted under these provisions.  Additionally, a certificate
holder is prohibited from engaging in false or misleading advertising
regarding the performance of functions.  The bill provides that the owner
of a building or facility is responsible for paying any fee charged by the
commission related to the building or facility and  specifies services for
which the commission is authorized to charge fees.       

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.