ST9302-CS040325T H E C I T Y O F
Donald L. Bartlett, P.E.
Kimley-Hom and Associates, Inc.
12700 Park Central Drive, Suite 1800
Dallas, TX 75251
COPPELL
March 25, 2004
RE: Sandy Lake Road ST 93-02
Dear Mr. Bartlett:
This letter is written as a follow-up to our recent meeting concerning accessibility issues associated with
the Sandy Lake Road project, h~ my letter of February 24, 2004, I had sought to determine Kimley-
Horn's position on helping to rectify the incorrectly designed and constructed components of the project.
Two items came out of that meeting: 1) you stated that Kimley-Horn could provide some engineering
assistance in working with the State to attempt to gain variances to the accessible route cross-slope
violations; and 2) you provided information from the Texas Department of Licensing and Regulations
website concerning changes to the Architectural Barriers Act since 1969.
You specifically noted that House Bill 39 in the 72nd Legislature, second called session of 1991 stated that
the responsibility for submitting construction documents was on architects, engineers or building owners.
Your interpretation of that highlighted section from the TDLR website was that it was the City's
responsibility to submit plans in 1992, not the design engineers responsibility. You then noted that the
statutory changes associated with House Bill 484, in the 77th Legislature in 2001, required design
professionals with overall responsibility to submit plans to TDLR. Your statements were that it was only
in 2001 that design professionals were required to submit plans and that prior to that date the
responsibility was the building owners.
While the areas highlighted on the information you presented might seem to suggest that the actual bills
from 1991 and 2001 do state something different, I am including portions of the actual House Bill 39, as
approved in the 2"0 called session of 1991. In part 4, entitled "Architectural Barriers", Section 5,
paragraph D it states "The plans and specifications shall be submitted to the Department by the architect
or engineer who has overall responsibility for the design of the constructed or reconstructed building." It
goes on to state that the only time the building owner shall submit the plans and specifications to the
Department is if there is no architect or engineer with that responsibility, unless the cost of construction or
reconstruction of the project is less than $50,000. So the paragraph on TDLR's website is somewhat
misleading. It does place responsibility for submitting construction documents on architects, engineers
and building owners. However, it very clearly states that i£there is an engineer or an architect of record it
is their responsibility to submit plans and specifications for review, not the owners.
Senate Bill 484 from 2001 did not add the language that the engineer or architect with overall
responsibility shall submit the plans. It only added the tag-on information that states the plans should be
submitted no later that the 5*h day after the issuance of the plans and specifications.
Bottom line is that by State law, the engineer who had overall responsibility for the design of the facility
was required in 199l to submit plans to the State. This predated the contract between the City of Coppell
and Rady and Associates (which is now Kimley-Hom).
Section 4.03 of House Bill 39, in 1991, goes on to state that failure to timely provide plans and
specifications to the Texas Department of Licensing and Regulations as required is a violation of the
Texas Engineering Practice Act.
I am very much aware of language in the contract between the City of Coppell and Rady and Associates
stating owner responsibility to obtain governmental approvals. However, as the design engineer for the
project and the City's design engineer under contract, it should have been brought to the City's attention
that the plans needed to be submitted by Rady and Associates to the State for review, in accordance with
House Bill 39. Obviously at that point, as we have on other projects, we would have processed a check
for the submittal, had the plans provided by the design engineer, and then submitted same to the State for
review.
If that review had been done in a timely manner obviously changes could have been made to the plans,
and the project could have been constructed in compliance, as opposed to the numerous violations.
Again, the City is faced with the situation of having to remove and replace significant portions of the
project to be in compliance. These portions of the project which need to be removed and replaced, were
designed incorrectly on the plans by Rady and Associates.
On March 19, 2004, the Texas Department of Licensing and Regulations provided the City of Coppell
with a final letter noting more than 40 outstanding violations for the project. That letter provides 90-days
to correct all violations. That 90-days will expire on June 16, 2004. At this point it is imperative that
corrections be made to the project to be in compliance. I once again ask what responsibility is Kimley-
Horn taking for this oversight and what will Kimley-Horn provide to the City to correct the incorrectly
designed and constructed components of the project.
The clock is ticking on this project, therefore, a very timely response to this letter would be appreciated.
If you need any additional information please feel free to contact me at your convenience. I will be
unavailable from March 31 - April 2, 2004; however, I will be back in the office on April 5, 2004.
Again, a timely response will be greatly appreciated.
Sincerely, ~
Director of Engineering / Public Works
Office 972/304-3686
Fax 972/304-7041
cc: Jeff James, P.E., Kimley-Hom
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72nd LEGISLATURE---SECOND CALLED SESSION
Ch. 8, § 1.o5
suspended~ and this rule is hereby suspended, and that this Act take effect and be in force
f-rom and after its passage, and it is so enacted.
Passed by the House on August 21, 1991: Yeas 74, Nays 65, 1 present, not voting; the
House concurred in Senate amendments to H.B. No. 1 on August 25, 1991: Yeas 74,
Nays 60, 1 present, not voting; passed by the Senate, with amendments, on August
25, 1991: Yeas 16, Nays 13.
Approved August 2g, 1991.
Effec~ve November 24, 1991.
CHAPTER 8
H,B. No. 39
AN ACT
relating ~o The conlinuation, functions, and change of the name cfi the State Purchasing and General
Services Commission and state acquisibon o~ property and services; providing penallies; making an
appropriation.
Be it enacted by the Legislature of the State of Texas:
PART 1. ADMINISTRATION OF GENERAL SERVICES COMMISSION
SECTION 1.0L Section 1.02(1), State Purchasing and General Services Act (Article
601b, Vernon's Texas Civil Statutes), is amended to read as follows:
(1) "Commission" means the [~.~] General Services Commission.
SECTION 1.02. Section 2.01. State Purchasing and General Services Act (Article 60lb,
Vernon's Texas Civil Stat-utes), is amended to read as follows:
Sec. 2.01. COMMISSION. The [~,~.~e4bz~su~] General Services Commission
is an agency of the state [ee~b!!ehedI.
SECTION 1.03. Section 2.02, State P~rchasing and General Services Act (Article 601b,
Vernon's Texas Civil Statates), is amended to read as follows:
Sec. 2.02. MEMBERSHIP. The commission is composed of sly [,t~r~a] members
appointed by the governor with the advice and consent of the senate. All members mu.st
be representative~ of the general public. Appointments to the commission shall be
made without regard to the race, color, handicap, sex, religion, age, or national origin
of the appointees. In making appointments under this seetior~ jjte governor shall
attempt to appoint members of different minority groups, including females, African.
Americans, Hispanic Americans, Native Americans, and Asian-Americans. A person
is not eligible for appointment if the person or the person's spouse:
(1) is employed by or participates in the management of a business en~'~y or
other or~aniza~'on that contracts with the commission;
(2) owns or controls, directly or indirectly, more than a 10 percent interest in a
business entity or other organization that contracts with the state; or
($) uses or receives a substantial amount of tangible goods, services, or fronds
.from the commission, other than compare, etlon or reimbursement authorized by
law for commission membership, attendance, or expenses.
SECTION 1.04. Section 2.03, State Purchasing and General Services Act (Article 60lb,
Vernon's Texas Civil Statutes), is amended to read as follows:
Sec. 2.03. TERMS. Members of the commission hold office for staggered terms of six
years, w~th two members' terms [~ .'n. em~gz-tor-m] expiring on January 31 of each
odd-numbered year.
SECTION 1.05. Section 2.04, State Purchasing and General Services Act (A~ticle 601b,
Vernon's Texas Civil Statutes), is amended by amending Subsection (c) and add~g
Subsection (d) to read as follows:
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Ch. 8, § 3.07
72nd LEGISLATU~ECOND CALLED SESSION
(i) If provided in a request for proposals under Subsection (g) of this section,
proposals shall be opened i~ a manner that avoids disclosure of the contents to
competing offerors and keeps the proposals secret during negotiation. All proposals
are open for public inspection afier a contract is awarded unless the information is
excepted from disclosure under Article 6252-17a, Revised Statutes.
PART 4~ ARCHITECTURAL BARRIERS
SECTION 4,01. Article 7, State Purchasing and General Services Act (Article 60lb,
Vernon's Texas Civil Statutes), is transferred to Title 132A, Re~'ised Statutes, redesignat-
ed as Article 9102, Revised Statutes, and amended to read as follows: Art. $102 [A4~MCJ,~-~]. ARCHITECTURAL BARRIERS
Sec. I [7.04], 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
[hendf~ypcd er d!~°_b}cd citizens] and to eliminate, insofar as possible, unnecessary
barriers encountered by [ ~ag~_d, bzn~c-_ppe_~_, er '~;~'-b!ed] persons u4th 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.
Sec. 2 [~]. APPLICATION. (a) The standards and specifications adopted under this
article shall apply to all buildings and facilities used by the public which are constructed
in whole or in part by the use of state, county, or municipal ~unds, or the funds of any
political subdivision of the state. To such extent as is not contraindicated by federal law
or beyond the state's power of regulation, these standards shall also apply to buildings
and facilities constructed in this state through partial or total use of federal funds. All
buildings and facilities constructed in this state, or substantially renovated, modified, or
altered, after the effectave date of this article from any one of these funds or any
combination thereof shall conform to each of the standards and specifications adopted
under this article except where {;he governmental department, agency, or unit concerned
shall determine, after taking all circumstances into consideration, that full compliance
with any particular standard or specification is impracticable. Where it is determined
that full compliance with any particular standard or specification is impractical, the
reasons for such determination shaJl be set forth in written form by those malting the
determination and forwaxded to the department [c~'Ym...mir_'ion]. If it is determined that full
compliance is not practicable, there shall be substantial compliance a.s determined by the
department with the standard or specification to the maximum extent practical, and the
file system maintained by the department shall include the written record of the
determinaton that it is impractical to comply f~lly with a particular standard or speckfica-
t~on and shall also set forth the extent to which an attempt will be made to comply
substantially wath the Standaxd or specification.
(b) These standards and specifications shall be adhered to in those buildings and
facilities Under construction on the effective date of this artlde, unless the authority
responsible for the consmaction shall determine that the construction has reached a state
where compliance is impractical, This article shall apply to temporary or emergency
construction as well as permanent buildings.
(c) These standards and specifications shall be adhered to in all b~ldings leased or
rented in whole or in part for use by the state under any lease or rental aKreement
entered into on or after January 1, 1972. To such extent as is not contraindicated by
federal law or beyond the power of the state's regulation, these standards shall also apply
to buildings or facilitaes leased or rented for use by the state throllgb partial or total use'
of federal funds. Pacilities which are the subject of lease or rental agreements on
January 1, 1972, will not be required to meet standards and specifications for the term of
~e. existing lease or rental agreement but must be brought into compliance before a lease
or rental agreement is renewed. Where it is determined by the governmental depart-
men~, agency, or unit concerned that full compliance with any particular standard is
impractical, the reasons for such determination shall be set forth in writ'ten form by~those
making the determmaton and forwarded to the deToartment [eemm!:_"2e=]. If it ia
determined that full compliance is not practical, there shah be substantial compliani:e ag
determined by the department with ~he standard or specification to the ma~mum ext~ot,;
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72nd LEGISLATURE---SECOND CALLED SESSION
Ch. 8, § 4.01
practical, and the Jqle epstein maintained by the department shall includ* the written
record of the determination that it is impractical to comply fully with a particular
standard or specification and shall also set forth the extent to which an attempt w~ll be
made to comply substantially with the standard or specification.
(d) Except as otherw/se provided in subseet/on (e) of this section, these standards and
specif-/cations shall be adhered to in buildings defined as "public accommodation" by
Section 301(7) of the Arnericanz with Disabilities Act (ADA) of 1990 (P. L, 101~g6) that
are co'n~trucled or substantially renovated, modified, or altered on or after Januar~
1, 1~$2 [ ....... ~ ......~ f:m~_ncc~_ .........~.,,n~;.....~ .... '° ~"'; !.~._~r_~ve~ ~_re'_=_ u~hieh
[~) }.,,n~ll .......~;~: .......... *~ total of 2~
(e) The commi*sioner [¢omm!~aien] ;hall have the authority to waive or modify
accessibility standards and speelfications when applicat/on of such standards and 8pecifi-
cat/one i~ considered by the commissioner [c~mm!ss!2n] to be irrelevant to the nature,
u;e, or funct/on of a building or facility covered by this article, The commissioner
[cemm~-'!en] shall not waive or modify any standard or specification when such action
would result in a significant impmrment of the acquisition of goods and services by
[haad/m~m~] person6 with disabilities or substantially reduce the potential for employ.
meat of [h..~-n~m~-pped_~] pemons with disabilltle*. Ail evidence supporting' waiver or
modif/catSon deterafinat/ons made by the commissioner [~mm!ss[en] shall be made a
matter of record and become part of the file system maintained by the department
See. ~ [7.0gJ. SCOPE. (a) This article is concerned with nonambulatory disabilitfies,
semiambulatory disabilities, sight disabilities, hearing disabilities, dj*abilities of coordina-
tion, and aging.
Co) It is intended to make all braidings and facilities covered by this article accessible to,
and functional for, persons with disabilities [th:
=-.~ ...... ~ ........ ,-~.~-] to, through, and
within their doom, without loss of function, space, or facilities where the general public is
concerned.
Sec, $ [7.114]. DEFINITIONS. For the purpose of this article the following terms have
the meanings as herein set forth:
(1) "Disability" mean* with respect to an individual a physical or mental impair-
ment that rubstantially limits one or more of the maOor life actimties of such
individual. [~-mbulz~r;' ~_m~_b,_ht!en'' ...~ '
...... __
161
00<nS,04 11:O6 FAX 512 476 4626 TX LEGISLATIVE LIBRARY ~007
Ch. 8, § 4.01
72nd LEGISLATURE--SECOND CALLED SESSION
(2) "Comm~ion" mea~ ~he Tex~ Comm~sion of Licensing and ~e~latio~
(2) "Commissioner" mea~ the comm~sioner of lic~ng and tegulalio~
(4) "Department" mea~ the T~ Department of LicenMng and Regulation.
(5) "A~hitect" mea~ a person ~stered ~ a~ architect u~der Chapter ~78~ Ac~
of the $5th Le~lature, Regular S~o~ 1927 (Article 259a, Ve~o~'s Tex~ Ci~l
Starts).
(d) "Engineer" means a pemon re~tered ~ an en~neer under The T~
Enginee~n~ Practiq~ Act (A~icle ~271a, Ve~on ~s Tex~ Ci~l Statute).
Sec. 5 [~. RESPONSIBILITIES FOR ENFORCEMENT. (a) In the ~hc _
~%' ~zr] administration and enforcem~n~ el this a~c]e [e~gl! recede ~m~]y in
cemmks~e~], ~] ~e comm~ioner [~mm~ss~c~] shall have the assis~ce of approp~-
a~ sta~ rehabfli~on agencies a~d of the Gove~or's Committee on People ~th
~a~tities in ca~ng out comm~Moner [~] responsibilities [~].
agencies involved ~ e~nding direct se~ces ~ [~szb!~ er h~n~enp~] pemons
d~abilities are authorized ~ an~er ~ in~ragency con~c~ wi~h ~e depar~ent
[~] ~ pro,de such additional fun~ng as might be req~ed to insure tha~
se~ice objectives and responsibilifios of su~ agencies are achieved ~ough ~e a~is-
~fion of this a~ele. In enforcing ~h~ a~c]e the comm~oner [ .......... :on] shah also
receive ~e assis~nce of all approp~a~ e]ec~ve or appo~ve s~ officials.
comm~sioner may contract ~th other state agen~es, poli~cal ~bdiv~io~, nonprofit
o~aniza~o~, and p~vate independent contractors to p~fo~ the commisMoner's
renew ~nd i~pec~on ~nctio~ for pffvately financed buildings that a~ not Irked
by the state or a poliffcal subdi~on and may resinate those cont~c~ for cauee.
The depar~ent [cemm~gs~cn] shall from time ~ time inform professional orga~zations
and others, including pe~o~ ~th d~abilities, architect, engineers, and other build-
ing professional, of ~his law and its applica~on. [nfo~ation disseminated by
depa~me~t about the p~ram shall include the types of buildings and le~ cove~d
by th~ article, the p~cedures for submitting pla~ and spe~ficatio~ for
complaint p~csdu~s~ and the addr~s and phone number of the department's
p~gra~ ~e depawtme~g may ent~ i~to coopera~vs agreemen~ to integrate infom
matlon abou~ the program ~th info~affon produced or dist~buled by other public
enO'ties or by p~valo entities.
(b) The comm~oner [ce.mm~ec~cn] shall have all necessa~ powers ~o require compli-
ance ~ the comm~o~ev's [~] ~]os and ro~lafion~ and mo~ca~ons ~ereo~ ~d
substitutions ~erefor~ including ....... '~ ~';"f~ ~ prog~ute ...... ~;.~ i~ tho
Ai~;~,___ ............... ..... ~ * ...... r-.~ zu~ ..... r-----~, --._~"a shaD~u~ed +~'3'~ - any enL.'
a~o impose an admi~tratwe p~alty under Section 17, Article 9100, Re~sed Stat-
u~es, on a building o~er for a ~olation of th~ article or a ~le agopted u~der
article. Each day that the ~olation ~ not co~cted co~titat~s a s~a~t~ ~olatio~
an admin~t~Hve penalty under th~ s~ction, shall fi~t no~fy a pemon responsible for
~e bud's and allow ~at person 90 days ~ b~g ~o bulling ~ compliance. ~e
commis~oner [eem~:~] shall have the au~ofity W e~nd ~e 90-day pe~od when
c~ums~nces jus~fy such ex~nsion.
~ ......... ...... ~"~ .... ~ ....~ .... ;'~ +~ ~--~ .... + ~'~ '"~'--~ ~" ~:]V.] ~¥s~da~9 and 9p~ci~-
162
03'25.'04 11:07 FAX 512 475 4626 TX LEGISLATIVE LIBRARY ~005
72nd LEGISLATURE---SECOND CALLED SESSION
Ch. 8, § 4.01
cations to be adopt_~l by the commissioner [ee..m..m.i~eien] under this article shall be
consistent in effect to those adopted by the American National S~andards Institute, Inc.
(or it~ federally recognized successor in function), and the department [~.--...'n..i:~!on] shall
publish the standards and speelf/cations in a read/ly access~le form for the use of
interested parties. The standards, apecificatiort~, and other rules ~o be adopted by the
commizm'oner under this article shall also be consistent will* those adopted under
federal law.
(d) All plans and specifications lor construction or for tho substantial renovation,
modification or alteration of buildings subject to the provisions of this article shall be
submitted to the department [~] for review and approval prior to the time that
con.struc~ion or ~hat substantial renovation, modification, or alteration on ~he build-
ing begins [b?_~ng _"nd a,~:,~_r_~ ef cen~zet] in accordance with rules and regulations
adopted by the commi.~sioner [~mmir~ion]. The plans and specifications shall be
*ubmitted to the department by the architect or engineer who ha~ overall responsibill-
ty for the design of the constructed or recor~tructed building. 7he building owner
shall submit the plar~s and specifications to the department if there i~ no architect or
engineer with that responsibility unless the cost of the construction or recon*truction
project iz less than $50,000. Likew/ss, any substantial modification of approved plans
shall be resubmitted m the department [ ............... j for rev/ow and approval. The
plar~* and specifications that are not approved or disapproved by the department
within 20 days from the receipt of the plans and specification* are automatically
approved. If an architect or engineer required to submit or resubmit plans and
epecificatior~ to the department fai~s to do so in a timely manner, the commissioner
shall report the .fact to the Te~s Board of Architectural Examiners or the State
Board of RegLstration for Prof~sional Engineers, as appropriate.
(e) The commissioner [ccm---.d~'.'2n] may revaew plans and specifications, make inspec-
tions, and issue certifications that structures not otherwise covered by this article 8re free
of architectural ban/ers and in compliance with the provisions of this article. The
department shall inspect each building subject to thi, article within the first year
after the date that construction or substantial renovation, modification, or alteration
of the building is completed. The department shall inspect each building that is
subject to this article becau.~e ora leoze to the state during the ftrst year of the locke
Sec. ~. The commission shall set and charge, in accordance with Section 12, Article
PLO0, Revised Statutes, fees for performing it~ fu~ctior~ under this article. The fees
shah be paid b~ the owner of a buildirt# when the department perform* a function
related to the building under this article. The fees must include a fee for:
(I) reviewing the plans or specifications of a buffding;
(£) ir~pecting a building,, and
($) processing a request to waive or modif~ acce. ssibilitg standard, for a building.
Sec. 7. (a) The commission shall appoint an adviXOrTl committee/or the architec.
rural barriers program. The committee shall be composed of building professionals
and persons un'th di~abilitie~ who are familiar with architectural barr~'cr problemx
and solutions. The committee shall be composed of at least eight members. Persor~
with disabilities mu~t make up a majorit~ of the membership.
(b) A committ*e member serves at the unll of the commieslon. A member ma~ not
receive cornpsr~ation for service on the committee but is entitled to reimbursement
for actual and nsec. sear9 expenses incur'red in performing function, s a.s a member.
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Ch. 8, § 4.01
72nd LEGISLATURE--SECOND CALLED SESSION
(c) The committee shall elect a member of the committee aa chair. The committee
shall meet at least twice each calendar year at the call of the committee chair or at the
call of the commiszioner.
(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
commisswne-r. 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 implementah'on of the new or amended rule
or procedure.
Sec. 8. All references in law to the former architectural barriers statute, Article 7,
State Purchasing and General Services Act (Article 60ih, Vernon's Tezaz Civil
Statutes), mean this article.
SECTION 4.02. Section 11(o), Chapter 478, Acts of the 45th LegSs]ature, Regu ar
Session, 1937 (Article 249a, Vernon's Texas Civil Statutes), as amended by Chapter 579,
Acts of the 72nd Legislature, Regular Session, 1991, is amended to read as fellows:
Co) The Board may revoke or suspend a registration certificate, place on probation a
person whose registzation certificate has been suspended, reprimand a person registered
under this Act, or assess an administrative penalty against a person registered under this
Act in an amount not to exceed $1,000 on the following grounds:
(1) a violation of this Act or of a rule of the Board adopted under this Act;
(2) a cause for which the Board is authorized to refuse to g~ant a registration
cert/ficate;
(3) gross incompetency;
(4) recklessness in the construction or alteration of a building by an architect
designing, planning', or observing the construction or alto~,ation; [or] (5) dishonest practice by one holding a registration certificate,, or
(6) for failing to timely provide plans and specifications to the Texas Department
of Licensing and Regulation as required by Article 9102, Revised Statutes.
SECTION 4.03. Section 22(a), The Texas Engineering Practice Act (Article 3271a,
Vernoffs Texas Civil Statutes)~ is amended to read as follows:
(al The Board shall revoke, suspend~ or refuse to renew a registration, shall reprimand
a registrant, may deny an application for regisl:ration, or may probate any suspension of
any registrant who is determined by the Board to be censurable for:
(1) The practice of any fraud or deceit in obtaining a certificate of registration;
(2) Any groan negligence, incompetency, or misconduct in the practice of professional
engineering as a registered professional engineer;
(3) Any documented instance of retaliation by an applicant against an individual who
has served as a reference for that applicant; [or] (4) A violation of tiffs Act or a Board rule,' or
(5) A failure to timely provide plans and specifications to the Texas Department
of Licer~ing and Regulation as required by Article $10~, RemSed Statutes.
PART 5. OTHER MATI'ERS RELATING TO STATE ACQUISITION OF
PROPERTY AND SERVICES
SECTION 5.01. Section 497.027(a), Government Code, as renumbered by Chapter 16,
Acts of the 72nd Legislature, Regular Session, 1991, is amended t~ read as follows:
(al An agency of the state that purchases arhc]es and products under tkis subchapter'
must requisition the purchase through the [g~t~.,ha~%*~4~] General Se.ry, ices
Commission except for purchases of iterr~s or s~rvices not included in ar~ established
contrac~ The purchase of items not included in an establizhed contract and that do
not exceed the dollar limits established under Section 3.08(a), State Purchasing and'
General Services Act (Article 60lb, Ve~-non's Texas Civil Statutes). may be acquired
164
?2nd LEGISLATURE---SECOND CALLEO SESSION Ch; 9, § 1
SECTION 7.07. Contingent upon enactment of legislation transferring the Elimination
of Architectural Barrier~ activity out of the State Purchasing and General Sa,-v/ces
Commission (SPGSC) to the Department of Licensing and Regulation, funds appropriated
above for that activity, in the amounts of $2015,616 in general revenue and $5,000 in other
funds in fiscal year 1992 and $203,111 in general revenue and $5,000 in other fund8 in
fiscal yea~ 1993, shall be transferred to the Department of Licensing and Regulatioa. In
the event that such legislation is not enacted, the same amounts are appropriated above to
the SPGSC or its successor agency for operation of the activity. In addition to the
appropriations made above, all fees collected though the architeetm-al barrier~ achvity are
hereby appropriated to the department for purposes of administering and enforcing the
axek/tectural barriers law.
SECTION 7.08. (a) The amounts appropriated by House Bill No. 1, Acts of the 72nd
Legislature, let Called Session, 1991 (the General Appropriations Act), to the State
Purchasing and General Services Commission for the fiscal year ending August 31, 1993,
and made contingent appropriations by Rider 26., page 1-228, of that Act are, notwith-
standing Rider 26, appropriated for the fiscal year ending August 31, 1995, to the
General Services Commission from the funds and for the purposes for which the amonnts
were appropriated by Houss Bill No. 1.
Co) The position of executive director is an exempt position for the General Services
Commission, at an annual rate of $69,300, for each of the fiscal years of the fiscal
biennium ending August 8I, 1993.
(c) All rider~ and other conditions made applicable by House Bill No. 1, Acts of the 72nd
Leg/s]ature, 1st Called Session, 1991, to the expenditure of appropriation~ by the State
Purchasing and General Serrices C~mmission apply to the appropriations made by this
section and to the exempt position provided by this sect/on.
PART 8. EFFECTIVE DATE; EMERGENCY CLAUSE
SECTION 8.01. Th/s Act takes effect September 1, 1991.
SECTION 8.02. Tho importance of this legislation and the crowded condition of the
calendam in both houses create an emergency and an imperative public necessity that the
constitutional rule requiring bills to be read on three several days in each house be
suspended, and this rule is hersby suspended, and that Otis Act take effect and be in force
according to its terms, and it is so enacted.
Passed by the House on August 23, 1991: Yeas 110, Nays 3; tt3e House concurred in
Senate amendmenls to H.B. No. 39 on August 25, 1991: Yeas 127, Nays O, 2
present, not voting; passed subject to the provisions of Article Ill, Section 49a, of the
Constitution of the State of Texas; passed by the Senate, with amendments, on
August 25, 1991; Yeas 21, Nays 10; passed subject to the p~visions of Article I[I,
Section 49a, of the Constitution of the State of Texas.
Approved August 29, 1991.
Effective September 1, 1991.
CHAPTER 9
H.B. No. 64
AN ACT
relating lo Ihs ap~3roprietJon and alfocalior~ of bonded construction funds to the Texas Department of
Msntal Health and MenEtl RelardatiOn and Ihs Texas Youth Commission end to special provision5
governing appropriations made by the General Approl3tiat~ons Act ~o those agencies and the Texas
Department of Heallh.
Be it enacted by the Legislature of the State of Texas:
SECTION 1. GENERAL OBLIGATION BONDS FOR YOUTH CORRECTIONS. Sec-
tion 4, Chapter 696, Acts of the 70th Legislature, Regular Session, 1987 (Article 601d-1,
Vernon's Texas Civil Statutes), is amended by adding Subsection (e) to read as follows:
177
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A~N ACT
.relating to the review of plans and specifications and the
inspection of buildings or facilities for the purpose of
eliminating architectural barriers encountered by persons with
disabilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (c) and (d) , Section 2, Article 9102,
Revised Statutes, are amended to read as follows:
(c) The commission may waive or modify accessibility
standards adopted under this article when:
(1) the application of the standards is considered by
the commission 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 commission that compliance with the particular
standard is impractical
(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 commission the proof required
by Subsection (c) (2) of this section [before the d?tc thc
[(1) ~ubmit£ a ~ ....... ~ in ~ ~ ~ .......
of ~ cent~ for the !ere ...... ~-~_ ^~ ~_ building er fzci!ity;
~]
[{l) is n~,'lrded the contract for thc lense er rentl!
of the building or facility ~ ~e ..... ~ ..... t 2!vertisc for
bid~].
SECTION 2. Section 5, Article 9102, Revised Statutes, is
amended by amending Subsections (d) , (k) , {n) , (o), and (p) and
adding Subsection (q} to read as follows:
(d) The commission may contract with other state agencies
a~n~[~] political subdivisions[, nonprofit ?rlenizlticns, end
pri,,nte independent contrnctorr] to perform the commission's review
and inspection functions. A person who holds a certificate of
~ggistration issued under Section 5A of this article may perform
review functions of the commission, inspection functions of the
commission, or both review and inspection functions as provided bt
the certificate [fcr ~;!itiee ~+ nrc ~ct ~e?ucd by thc crete or
(k) Plans and specifications that are subject to Subsection
(~) of this section [re!need ~e thc tui!ding or fucilits,] shall be
submitted to the department by the architect, interior designer,
landscape architect, or engineer who has overall responsibility for
the design of the constructed or reconstructed building or
facility. The architect, interior designer, landscape architect,
or engineer shall submit the plans and specifications to the
department not later than the fifth day, not includin% Saturdays,
Sundays, and legal holidays, after the date on which the architect,
interior designer, landscape architect, or engineer, as
appropriate, issues the plans or specifications. If plans and
pecifications are issued on more than one date, the architect,
interior desi{Lner, l__andscape architect, or enqineer shall submit
~_e p~_a~_and specifications to the department not later than the
~f__t_~ _d~y~, not including Satu[_d92fs, Sunday~,___aod legal ho__l_i_days,
a_fte~ .e_ac_h date the plans and spe~cifications_are issued. The_owner
of the building or_facility_._m_az not allow an apiplication to be
filed with a local ~overnmental entity for a building construction
permit related to the plans ..... and specifications ....... or allow
construction, renovation, modification, or alteration of the
hgil_d_in~[ or facility to bqgjn_.before the date the il~_a_ns~ ~and
s~ecifications ..... are submitted to the de~partment ,=~ ........ .... ~
If
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engineer '.-'itu thpt ~eepo~¼ilit5r, tb ..... ncr ~mn!! ~"b-4t ~ p!nn~
nnd :pecificntien~ to the deplrtment nt !east 30 dzl'z "ithix tb=
the bui!diPs ~ flci!ity beg4"~] . On application to a local
governmental entity for a building construction permit related to
the plans and specifications, the owner shall submit to the entity
proof that the plans and specifications have been submitted to the
department under this article. A public official of a political
subdivision who is legall~ authorized to issue buildin~
construction permits ~ay not accept an gpplication for a building
construction permit for a building or facility_~ubject to
Subsection (j) of this section unless the official verifies that
the puildin~ or facility has been [~qistered with the department as
provided~ rule.
(n) The commission 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.
(o) The owner of each buildinq or facility that is subj~
to this article and that has an estimated construction, renovation,
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for having the building or facility..~nspecte~ for compliance with
the standards and specifications adopted b~_the commission under
is subject -~ th~ attic!=] not later than the first anniversary of
the date that construction or substantial renovation, modification,
or alteration of the building or facility is completed, The
inspection must be performed bz the department, an entity with whom
the commission contracts under Subsection {d) of this section, or a
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person who holds a certificate of registration issued under Section
5A of this article.
(p~ [(o)] The standards and specifications adopted by the
commission 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.
(q) [(p)] Notwithstanding other provisions of this article,
the commission shall require complete compliance with the standards
and specifications prescribed or referenced by Subsection ~ [(o) ]
of this section. The department and the General Services
Commission shall ensure that all buildings and facilities leased,
with an annual lease expense in excess of $12,000, or built by or
for the state to which those standards apply comply with those
standards. The [~ot,,,ithzt:n~in~
Z.~] department, an entity with whom the commission contracts under
SR~s~q~ion (d) of t~js section, qr_9 person who holds a certificate
of registration issued under Section SA of this article shall
perform an on-site inspection of each building or facility [all
m,,~ ~ ~ +~ ~e] leased by the state, with an annual
~e~.e~ense in excess of $12,000, before the building or facility
is occupied in whole or in part 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, the
e~i[y, with whom the commission contracts under Subsection (d) of
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t__hj~ seq~j_9~.._q!_the person who holds a certificate of reqistr_a~j~
issued under Section 5A of this article delivers the results of the
inspection to the lessor or the lessor's agent; or
(2) a later date established by the commission if
c~rcumstances justify a later date.
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SECTION 3. Article 9102, Revised Statutes, is amended by
adding Section 5A to read as follows:
Se~._SA. CERTI~I~AT~ OF REGISTRATION. (a) A person may not
perform a rqIie__w~r inspection function of the commission on behalf
of the owner of a building or facility unless the person holds a
ce__rt~igate. 9f registration <s~u~Q pn~er this section.
(_b)__~his section_~oes not 9p 1~ ~n e~ployee~t (1) the .Qe~rtment; or
(2) an entity with whom the commission contracts under
Section 5(d} of this article.
(c)_ An applicant for a certificate of registration must file
wi_~h t~e pommission a~_ ~lication on a form prescribed by the
commissioner.
(d) To be eliqib~.e ~qr a cerF~ficate of registration, an
a~plicant must satisfy any requireme~t~_~_d_qp~9~_~b_y_~_co_m~!~ssioQer
~y rule, includinq education and examination requirements.
(e) The commissioner ~gy issue a certificate of registration
to_perform review functions of the commission, ins~q~9~ ~gnc~i_o. ns
of the commission, or both review and inspection functions.
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(f) The commissioner may administer ~ep~t~e.~jami__n~t.i~n~
~L.~pplicants for certificates of registration to perform review
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functions. Not later than the 3.~h- djy._gf~e[ .~_ elgm!n_atiqn date,
the commissioner shall notify each examinee of the results of the
examination.
(g) The commissioner shall issue an 9p~ropriate certificate
of registration to an applicant who meets the requirements for a
certificate.
(h) The commissioner py_ru~.~._~b~l~_pjA~c~f~ the term of a
certificate of registration issued under this section.
{i) The commissioner ~X rule max_require certificate holders
to attend continuing education courses specif_~e~_py_~h_e
commissioner. The commissioner may recognize, prepar_e,
administer educational courses required for obtaining an original
Fertificate___q_f___r~g_i~q~atiq~__a_nd _c_o_n_tiFuin~ education courses.
~) A certificate holder shall perform a review or
inspection function of the commission in a comp~e_t_e_n__t and
professional manner and in compliance with:
(1) standards and specifications a~dppted by the
commission under this article; and
(2) rules adopted by the commissioner under this
article.
(k) A _c. er__ti_f_ic~a~te_ holder may not engage in false or
misleadinc advertising in connection with the performance.~e_y~le~
or inspection functions of the c0m~missi?,h.
SECTION 4. Section 6, Article 9102, Revised Statutes, is
amended to read as follows:
Sec. 6. FEES. (a) The commission shall set and charge, in
accordance with Chapter 51, Oc_cupa~jons_Co~de [k_rtic!e 9190,
Statutes], fees for performing its functions under this article.
(_b__) The ;fcc~ ~ ~ be p?.id b~' thc] owner of a building or
facility is responsib_l~e__f_or~.jpaying any fee thatched_ by the
commission for ~rfo_gm_i_~g ;'.'hen the dc~zrt~c~t perfcrmu] a function
related to the building q~.~_acility under this article.
The commission may~ charge fees [must inc~''~ D feo] for:
(1) review of ;reviewing] the plans or specifications
of a building _o~_fa~cility;
(2) inspection of [in_~pccting] a building o_r_ facil__it~y;
(3) an application for [p ...... ~3] a variance from
[--= ....... .... ~ ~ ..... '-'si~'c or -^~f= ] accessibility standards for a building
or. facility;
(4) __a_n_ application for a ce_r~if_icate_qf regist_ra_~ion
u~nder_ S__ect_l_on 5A of thi_s_ar__ticle;
(5)__ an examination for a certificate of registration
under Sectiqn 5A of this article;
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(~[ anedvcational course re~u~.redfpre~gibi!%_ty f~r
.a certificate_q~ registration ~der Section 5A of_this_article[
(7) issuance of an original certificate o~
registration under Section 5A of this article;
(8) a continuinq education course required for
eligibility for renewal of a certificate of ~e~gistration under
Section 5A of this article; and
(9) renewal of a certificate o[._~eg~stration under
Section SA of this article.
SECTION 5. (a) This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2001.
(b) The commissioner of licensing and regulation shall adopt
rules under Section SA, Article 9102, Revised Statutes, as added by
this Act, not later than January 1, 2002.
President of the Senate Speaker of the House
I hereby certify that S.B. No. 484 passed the Senate on
March 1, 2001, by the following vote: Yeas 29, Nays 0, one present
not voting; and that the Senate concurred in House amendments on
May 24, 2001, by the following vote: Yeas 30, Nays 0, one present
not voting.
Secretary of the Senate
I hereby certify that S.B. NO. 484 passed the House, with
amendments, on May 18, 2001, by the following vote: Yeas 139,
Nays 0, two present not voting.
Chief Clerk of the House
Approved:
Date
Governor
HP Laser Jet
City of Coppell
972-304 3570
Mar 26-2004 8:13AM
3330
j Fax Call Report
3ob Date Time Type Identification Duration Pages Result
439 3/26/2004 8:08:07AM Send 9722393820 5:26 13 OK
M~,h 25, 2004
HP LaserJet
City of Coppell
972 304-3570
Mar 26 2004 8:27AM
I Fax Call Report
3330
Job Date Time Type
442 3/26/2004 8:22: 17~ Send
Identi fi cati on
8173355070
Duration
5:25
Pages
13
Result
OK