CHAPTER 469. ELIMINATION OF ARCHITECTURAL BARRIERS
GOVERNMENT CODE
TITLE 4. EXECUTIVE BRANCH
SUBTITLE E. OTHER EXECUTIVE AGENCIES AND PROGRAMS
CHAPTER 469. ELIMINATION OF ARCHITECTURAL BARRIERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 469.001. SCOPE OF CHAPTER; PUBLIC POLICY. (a) The intent
of this chapter is to ensure that each building and facility
subject to this chapter is accessible to and functional for
persons with disabilities without causing the loss of function,
space, or facilities.
(b) This chapter relates to nonambulatory and semiambulatory
disabilities, sight disabilities, hearing disabilities,
disabilities of coordination, and aging.
(c) This chapter is intended to further the policy of this state
to encourage and promote the rehabilitation of persons with
disabilities and to eliminate, to the extent possible,
unnecessary barriers encountered by persons with disabilities
whose ability to engage in gainful occupations or to achieve
maximum personal independence is needlessly restricted.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 9.005(a), eff.
Sept. 1, 2003.
Sec. 469.002. DEFINITIONS. In this chapter:
(1) "Architect" means a person registered as an architect under
Chapter 1051, Occupations Code.
(2) "Commission" means the Texas Commission of Licensing and
Regulation.
(3) "Department" means the Texas Department of Licensing and
Regulation.
(4) "Disability" means, with respect to an individual, a
physical or mental impairment that substantially limits one or
more major life activities.
(5) "Engineer" means a person licensed as an engineer under
Chapter 1001, Occupations Code.
(6) "Executive director" means the executive director of the
department.
(7) "Interior designer" means a person registered as an interior
designer under Chapter 1053, Occupations Code.
(8) "Landscape architect" means a person registered as a
landscape architect under Chapter 1052, Occupations Code.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 9.005(a), eff.
Sept. 1, 2003.
Sec. 469.003. APPLICABILITY OF STANDARDS. (a) The standards
adopted under this chapter apply to:
(1) a building or facility used by the public that is
constructed, renovated, or modified, in whole or in part, on or
after January 1, 1970, using funds from the state or a county,
municipality, or other political subdivision of the state;
(2) a building or facility described by this subsection or
Subsection (b) that is constructed on a temporary or emergency
basis;
(3) a building leased for use or occupied, in whole or in part,
by the state under a lease or rental agreement entered into on or
after January 1, 1972;
(4) a privately funded building or facility that is defined as a
"public accommodation" by Section 301, Americans with
Disabilities Act of 1990 (42 U.S.C. Section 12181), and its
subsequent amendments, and that is constructed, renovated, or
modified on or after January 1, 1992; and
(5) a privately funded building or facility that is defined as a
"commercial facility" by Section 301, Americans with Disabilities
Act of 1990 (42 U.S.C. Section 12181), and its subsequent
amendments, and that is constructed, renovated, or modified on or
after September 1, 1993.
(b) To the extent there is not a conflict with federal law and
it is not beyond the state's regulatory power, the standards
adopted under this chapter apply to a building or facility
constructed in this state or leased or rented for use by the
state using federal money.
(c) The standards adopted under this chapter do not apply to a
place used primarily for religious rituals within a building or
facility of a religious organization.
(d) If any portion of a building described by Subsection (a)(1)
is occupied solely for residential use and the remaining occupied
portion of the building is occupied for nonresidential use, the
executive director shall consider only the nonresidential portion
of the building in determining whether the building complies with
the standards and specifications adopted under this chapter.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 9.005(a), eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
728, Sec. 8.004, eff. September 1, 2005.
Sec. 469.004. APPLICABILITY OF OTHER LAW. Section 51.404,
Occupations Code, does not apply to this chapter.
Added by Acts 2005, 79th Leg., Ch.
728, Sec. 8.005, eff. September 1, 2005.
SUBCHAPTER B. ADMINISTRATION AND ENFORCEMENT
Sec. 469.051. ADMINISTRATION AND ENFORCEMENT; ASSISTANCE OF
OTHER AGENCIES. (a) The commission shall administer and enforce
this chapter. The appropriate state rehabilitation agencies and
the Governor's Committee on People with Disabilities shall assist
the commission in the administration and enforcement of this
chapter.
(b) In enforcing this chapter, the commission is entitled to the
assistance of all appropriate elective or appointive state
officials.
(c) The commission has all necessary powers to require
compliance with the rules adopted under this chapter.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 9.005(a), eff.
Sept. 1, 2003.
Sec. 469.052. ADOPTION OF STANDARDS AND SPECIFICATIONS;
RULEMAKING. (a) The commission shall adopt standards,
specifications, and other rules under this chapter that are
consistent with standards, specifications, and other rules
adopted under federal law.
(b) The standards and specifications adopted by the commission
under this chapter must be consistent in effect with the
standards and specifications adopted by the American National
Standards Institute or that entity's federally recognized
successor in function.
(c) The department shall publish the standards and
specifications in a readily accessible form for use by interested
parties.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 9.005(a), eff.
Sept. 1, 2003.
Sec. 469.053. ADVISORY COMMITTEE; REVIEW OF AND COMMENT ON
RULES. (a) The presiding officer of the commission, with the
commission's approval, shall appoint an advisory committee for
the architectural barriers program. The committee shall consist
of building professionals and persons with disabilities who are
familiar with architectural barrier problems and solutions. The
committee shall consist of at least eight members. A majority of
the members of the committee must be persons with disabilities.
(b) A committee member serves at the will of the presiding
officer of the commission.
(c) A committee 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.
(d) The presiding officer of the commission, with the
commission's approval, shall appoint a committee member as
presiding officer for two years.
(e) The committee shall meet at least twice each calendar year
at the call of the presiding officer or the commission.
(f) The committee periodically shall review the rules relating
to the architectural barriers program and recommend changes in
the rules to the commission.
(g) The commission must submit all proposed changes to any rule
or procedure that relates to the architectural barriers program
to the committee for review and comment before adopting or
implementing the new or amended rule or procedure.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 9.005(a), eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
728, Sec. 8.006, eff. September 1, 2005.
Sec. 469.054. FEES IN GENERAL. (a) The commission shall adopt
fees in accordance with Section 51.202, Occupations Code, for
performing the commission's functions under this chapter.
(b) The owner of a building or facility is responsible for
paying a fee charged by the commission for performing a function
under this chapter related to the building or facility.
(c) The commission may charge a fee for:
(1) the review of the plans or specifications of a building or
facility;
(2) the inspection of a building or facility; and
(3) the processing of an application for a variance from
accessibility standards for a building or facility.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 9.005(a), eff.
Sept. 1, 2003.
Sec. 469.055. CONTRACT TO PERFORM REVIEW AND INSPECTION. The
commission may contract with other state agencies and political
subdivisions to perform the commission's review and inspection
functions.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 9.005(a), eff.
Sept. 1, 2003.
Sec. 469.056. INTERAGENCY CONTRACTS. A state agency that
extends direct services to persons with disabilities may enter
into an interagency contract with the department to provide
additional funding required to ensure that the service objectives
and responsibilities of the agency are achieved through the
administration of this chapter.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 9.005(a), eff.
Sept. 1, 2003.
Sec. 469.057. DUTY TO INFORM ABOUT LAW. (a) The department
periodically shall inform professional organizations and others,
including persons with disabilities, architects, engineers, and
other building professionals, of this chapter and its
application.
(b) Information about the architectural barriers program
disseminated by the department must include:
(1) the type of buildings and leases subject to this chapter;
(2) the procedures for submitting plans and specifications for
review;
(3) complaint procedures; and
(4) the address and telephone number of the department's program
under this chapter.
(c) The department may enter into cooperative agreements to
integrate information about the architectural barriers program
with information produced or distributed by other public entities
or by private entities.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 9.005(a), eff.
Sept. 1, 2003.
Sec. 469.058. ADMINISTRATIVE PENALTY. (a) The commission may
impose an administrative penalty under Subchapter F, Chapter 51,
Occupations Code, on a building owner for a violation of this
chapter or a rule adopted under this chapter.
(b) Each day that a violation is not corrected is a separate
violation.
(c) Before the commission may impose an administrative penalty
for a violation described by Subsection (a), the commission must
notify a person responsible for the building and allow the person
90 days to bring the building into compliance. The commission may
extend the 90-day period if circumstances justify the extension.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 9.005(a), eff.
Sept. 1, 2003.
Sec. 469.059. COMPLAINTS. (a) The department shall continue to
monitor a complaint made under Section 51.252, Occupations Code,
that alleges that a building or facility is not in compliance
with the standards and specifications adopted by the commission
under this chapter until the department determines that:
(1) the building or facility has been brought into compliance;
or
(2) the building or facility is not required to be brought into
compliance because of a rule or statute, including Section
469.151.
(b) If the building or facility is not required to be brought
into compliance, the department shall, on final disposition of
the complaint, notify in writing the person filing the complaint
that the building or facility is not required to be brought into
compliance because of a rule or statute and provide a reference
to the rule or statute.
(c) The department, at least quarterly and for as long as the
department continues to monitor the complaint under Subsection
(a), shall notify the person filing the complaint of the status
of the monitoring.
Added by Acts 2005, 79th Leg., Ch.
728, Sec. 8.007, eff. September 1, 2005.
SUBCHAPTER C. REVIEW AND APPROVAL REQUIRED FOR CERTAIN PLANS AND
SPECIFICATIONS
Sec. 469.101. SUBMISSION FOR REVIEW AND APPROVAL REQUIRED. All
plans and specifications for the construction of or for the
substantial renovation or modification of a building or facility
must be submitted to the department for review and approval if:
(1) the building or facility is subject to this chapter; and
(2) the estimated construction cost is at least $50,000.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 9.005(a), eff.
Sept. 1, 2003.
Sec. 469.102. PROCEDURE FOR SUBMITTING PLANS AND SPECIFICATIONS.
(a) The architect, interior designer, landscape architect, or
engineer who has overall responsibility for the design of a
constructed or reconstructed building or facility shall submit
the plans and specifications required under Section 469.101.
(b) The person shall submit the plans and specifications not
later than the 20th day after the date the person issues the
plans and specifications. If plans and specifications are issued
on more than one date, the person shall submit the plans and
specifications not later than the 20th day after each date the
plans and specifications are issued. In computing time under
this subsection, a Saturday, Sunday, or legal holiday is not
included.
(c) The owner of the building or facility may not allow an
application to be filed with a local governmental entity for a
building construction permit related to the plans and
specifications or allow construction, renovation, or modification
of the building or facility to begin before the date the plans
and specifications are submitted to the department. On
application to a local governmental entity for a building
construction permit, the owner shall submit to the entity proof
that the plans and specifications have been submitted to the
department under this chapter.
(d) A public official of a political subdivision who is legally
authorized to issue building construction permits may not accept
an application for a building construction permit for a building
or facility subject to Section 469.101 unless the official
verifies that the building or facility has been registered with
the department as provided by rule.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 9.005(a), eff.
Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
342, Sec. 1, eff. September 1, 2009.
Sec. 469.103. MODIFICATION OF APPROVED PLANS AND SPECIFICATIONS.
Approved plans and specifications to which any substantial
modification is made shall be resubmitted to the department for
review and approval.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 9.005(a), eff.
Sept. 1, 2003.
Sec. 469.104. FAILURE TO SUBMIT PLANS AND SPECIFICATIONS. The
commission shall report to the Texas Board of Architectural
Examiners, the Texas Board of Professional Engineers, or another
appropriate licensing authority the failure of any architect,
interior designer, landscape architect, or engineer to submit or
resubmit in a timely manner plans and specifications to the
department as required by this subchapter.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 9.005(a), eff.
Sept. 1, 2003.
Sec. 469.105. INSPECTION OF BUILDING OR FACILITY. (a) The
owner of a building or facility described by Section 469.101 is
responsible for having the building or facility inspected for
compliance with the standards and specifications adopted by the
commission under this chapter not later than the first
anniversary of the date the construction or substantial
renovation or modification of the building or facility is
completed.
(b) The inspection must be performed by:
(1) the department;
(2) an entity with which the commission contracts under Section
469.055; or
(3) a person who holds a certificate of registration under
Subchapter E.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 9.005(a), eff.
Sept. 1, 2003.
Sec. 469.106. BUILDINGS AND FACILITIES USED TO PROVIDE DIRECT
SERVICES TO PERSONS WITH MOBILITY IMPAIRMENTS; STATE LEASES. (a)
Notwithstanding any other provision of this chapter, the
commission shall require complete compliance with the standards
and specifications adopted by the commission under this chapter
that apply specifically to a building or facility occupied by a
state agency involved in extending direct services to persons
with mobility impairments. Those standards and specifications
also apply to a building or facility occupied by the Texas
Rehabilitation Commission.
(b) The department and the Texas Building and Procurement
Commission shall ensure compliance with the standards and
specifications described by Subsection (a) for a building or
facility described by Subsection (a) and leased for an annual
amount of more than $12,000 or built by or for the state.
(c) Before a building or facility to be leased by the state for
an annual amount of more than $12,000 is occupied in whole or in
part by the state, a person described by Section 469.105(b) must
perform an on-site inspection of the building or facility to
determine whether it complies with all accessibility standards
and specifications adopted under this chapter.
(d) If an inspection under Subsection (c) determines that a
building or facility does not comply with all applicable
standards and specifications, the leasing agency or the Texas
Building and Procurement Commission, as applicable, shall cancel
the lease unless the lessor brings the building or facility into
compliance not later than:
(1) the 60th day after the date the person performing the
inspection delivers the results of the inspection to the lessor
or the lessor's agent; or
(2) a later date established by the commission if circumstances
justify a later date.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 9.005(a), eff.
Sept. 1, 2003.
Sec. 469.107. REVIEW OF PLANS AND SPECIFICATIONS FOR STRUCTURES
NOT SUBJECT TO CHAPTER. The commission may:
(1) review plans and specifications and make inspections of a
structure not otherwise subject to this chapter; and
(2) issue a certification that a structure not otherwise subject
to this chapter is free of architectural barriers and in
compliance with this chapter.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 9.005(a), eff.
Sept. 1, 2003.
SUBCHAPTER D. WAIVER OR MODIFICATION OF ACCESSIBILITY STANDARDS
Sec. 469.151. WAIVER OR MODIFICATION PERMITTED. (a) The
commission may waive or modify accessibility standards adopted
under this chapter if:
(1) the commission considers the application of the standards to
be irrelevant to the nature, use, or function of a building or
facility subject to this chapter; or
(2) the owner of the building or facility for which a request
for a waiver or modification is made, or the owner's designated
agent, presents proof to the commission that compliance with a
specific standard is impractical.
(b) If a request is made for waiver or modification of an
accessibility standard with respect to a building described by
Section 469.003(a)(3) or a building or facility leased or rented
for use by the state through the use of federal money, the owner
of the building or facility, or the owner's designated agent,
must present to the commission the proof required by Subsection
(a)(2).
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 9.005(a), eff.
Sept. 1, 2003.
Sec. 469.152. WAIVER OR MODIFICATION PROHIBITED. The commission
may not waive or modify a standard or specification if:
(1) the waiver or modification would significantly impair the
acquisition of goods and services by persons with disabilities or
substantially reduce the potential for employment of persons with
disabilities;
(2) the commission knows that the waiver or modification would
result in a violation of the Americans with Disabilities Act of
1990 (42 U.S.C. Section 12101 et seq.) and its subsequent
amendments; or
(3) the proof presented to the commission under Section
469.151(a)(2) is not adequate.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 9.005(a), eff.
Sept. 1, 2003.
Sec. 469.153. MAINTENANCE OF CERTAIN INFORMATION. All evidence
supporting a waiver or modification determination by the
commission is a matter of public record and shall be made part of
the file system maintained by the department.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 9.005(a), eff.
Sept. 1, 2003.
SUBCHAPTER E. REGISTRATION TO PERFORM REVIEWS OR INSPECTIONS
Sec. 469.201. CERTIFICATE OF REGISTRATION REQUIRED.
(a) A person may not perform a review or inspection function of
the commission on behalf of the owner of a building or facility
unless the person holds a certificate of registration issued
under this subchapter.
(b) This section does not apply to an employee of:
(1) the department; or
(2) an entity with which the commission contracts under Section
469.055.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 9.005(a), eff.
Sept. 1, 2003.
Sec. 469.202. FEES RELATED TO CERTIFICATE OF REGISTRATION. The
commission may charge a fee for:
(1) an application for a certificate of registration;
(2) an examination for a certificate of registration;
(3) an educational course required for eligibility for a
certificate of registration;
(4) issuance of an original certificate of registration;
(5) a continuing education course required to renew a
certificate of registration; and
(6) renewal of a certificate of registration.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 9.005(a), eff.
Sept. 1, 2003.
Sec. 469.203. APPLICATION AND ELIGIBILITY. (a) An applicant
for a certificate of registration must file with the commission
an application on a form prescribed by the executive director.
(b) To be eligible for a certificate of registration, an
applicant must satisfy any requirements adopted by the commission
by rule, including education and examination requirements.
(c) The executive director may recognize, prepare, or administer
educational courses required for obtaining a certificate of
registration.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 9.005(a), eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
728, Sec. 8.008, eff. September 1, 2005.
Sec. 469.204. EXAMINATION. (a) The executive director may
administer separate examinations for applicants for certificates
of registration to perform review functions, inspection
functions, or both review and inspection functions.
(b) Repealed by Acts 2005, 79th Leg., Ch. 728, Sec. 8.011, eff.
September 1, 2005.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 9.005(a), eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
728, Sec. 8.011, eff. September 1, 2005.
Sec. 469.205. ISSUANCE OF CERTIFICATE. (a) The executive
director shall issue an appropriate certificate of registration
to an applicant who meets the requirements for a certificate.
(b) The executive director may issue a certificate of
registration to perform review functions of the commission,
inspection functions of the commission, or both review and
inspection functions.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 9.005(a), eff.
Sept. 1, 2003.
Sec. 469.206. CERTIFICATE TERM. The commission by rule shall
specify the term of a certificate of registration.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 9.005(a), eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
728, Sec. 8.009, eff. September 1, 2005.
Sec. 469.208. PERFORMANCE OF REVIEWS AND INSPECTIONS. (a) A
certificate holder shall perform a review or inspection function
of the commission in a competent and professional manner and in
compliance with:
(1) standards and specifications adopted by the commission under
this chapter; and
(2) rules adopted by the commission under this chapter.
(b) A certificate holder may not engage in false or misleading
advertising in connection with the performance of review or
inspection functions of the commission.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 9.005(a), eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
728, Sec. 8.010, eff. September 1, 2005.