ST9302-AG 920101Architecturai Barriers History - the Texas Department of Licensing and Regulation Page 1 of 6
of
P.O. Box 12157
Austin, Texas 78711
(512) 463-6599 or (800) 803-9202 {in Texas)
TDLR's Ena_bl[nLStatutp
A r Condlfloninq and Refrigeration
Architectural Barriers
Auctiona~rs
Boilers
Career Coupselors
Combat ve ~orts
E ectri~:!ans
Elevator~ Escalators and Relat~cl
Eauiome~ nt
For-Profit Legal ~ervlce Contracts
In d ustrialized~ou s!n~ and euildings
L censqd Court Inter~oret~rs
Loss Damage Waivers
Personnel E~molovment ServiG~s
proaerty Tax Consultants
Service Contract Providers
Staff L aeasiin~g Services
Talent Aeencles
Temao_rar~ Common Worker
Veh c · Protection Product
Warrantors
Water Well Drillers and Pump
Installers
Weath ~er Modification
Architectural Barriers History
ARCHITECTURAL BARRIERS ACT
State of 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
TDLR Home
Online Services
Report V o at ons online
Enter vour AB Project
~strat on online
AB Data Search
Reaistered Access b~!ity
S~.cJallst Database
Re~stere~d Ac;essibUity
Specialist Procedures
Registered A.ccessibility
S epeciali~st Uodates,
Trainin~ and Bulletins
Informptlon and Training
Architectural Barriers
Forms
Commqu Errors apd
Omis~ions
Frequently Asked
Architectural Barriers
Adv sory Committee
Architectural Barriers
Law
Architectural Bar_riers
Rules
Texas Accessibility
Standards
Technical Msmorandums
Texas Accessibility
AGadomy
Architectural Barriers
History
Proposed Rule~
Links
http://www.license.state.tx.us/ab/abhistory.htm 3/10/2004
Architectural Barriers History - the Texas Department of Licensing and Regulation Page 2 of 6
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
http://www.license.state.tx.us/ab/abhistory.htm 3/10/2004
Architectural Barriers History - the Texas Department of Licensing and Regulation Page 3 of 6
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 builc~ing 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 Depadment of
Justice as provided by the ADA.
Effective: January 1 i 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 "Commemial 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.
http ://www. license, state, tx. us/ab/abhi story, htm 3/10/2004
Architectural Barriers History - the Texas Department of Licensing and Regulation Page 4 of 6
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 tll 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, t997
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
http://www.license.state.tx.us/ab/abhistory.htm 3/10/2004
Architectural Barriers History - the Texas Department of Licensing and Regulation Page 5 of 6
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 Cedificate
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
Top of Page J AB Home Page ] TDLR Home Page
http://www.license.state.tx.us/ab/abhistory.htm 3/10/2004
Architectural Barriers History - the Texas Department of Licensing and Regulation Page 6 of 6
1 5
1-20
1 22
1-23
1-24
1-25
2-2
2-3
2-4
2-5
2-6
2-7
2-8
2-9
2-10
2-12
2-13
2-14
2-15
2-16
2-17
2-18
2-19
2-20
2-21
2 -22
2 23
2 -24
2 -25
2-26
3-2
3-3
3 4
3-5
3-6
3-7
3-8
3-9
3-10
3-12
3-13
3-14
3-15
AN 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 [im~rnctic~blo].
(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 [~cfcrc ~£ ~?te ~ c'-mgr~]
~]
cf ~- bui!din~ er fnci!~' ~ the ~tztc ~cc ~ct 2~'. .... q~e for
~d~].
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
and[~] political subdivisions[, nc-~rcfit cr%zni~ntion~, 2nd
7~4"?te inf~F^~e~t ccntrnctcr2] to perform the commission's review
and inspection functions. A person who holds a certificate of
r~e~istration 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 by
(k) Plans and specifications that are subject to Subsection
(j) of this section [re!nted t? thc ~ui!~in~ er fnci!ity] 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 includinq 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
specifications are issued on more than one date, the architect,
interior desiqner~ landscape architect, or engineer shall submit
the plans and specifications to the department not later than the
fifth day, not including Saturdays, Sundays, and legal holidays,
after each date the plans and specifications are issued. The owner
of the building or facility may not allow an application to be
filed with a local governmental entity for a buitdin~ constrs~!io~
permit related to the plans and specifications or allow
construction, renovation, modification, or alteration of the
building or facilit~ to be~8 before the date the plans and
specifications are submitted to the ~partmen[ [p!2cc~ tho
3 ~16
3-17
3-18
3-19
3-20
3-21
3-22
3-23
3 -24
3 -25
3 26
4-1
4-2
4-3
4-4
4-5
4-6
4-7
4-8
4-9
4 -10
tkc ~ui!~!~ ~r f~ci!iti' ~c3i~]. On application to a local
governmental entity for a building construction permit related to
proof that the plans and specifications have been submitted to the
department under this article. 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
Subsection (j) of this section unless the official verifies that
the building or facility has been reqistered with the department as
provided by 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 subject
to this article and that has an estimated construction, renovation,
modification, or alteration cost of at least $50,000 is responsible
4 -11
4-12
4-13
4-14
4-15
4-16
4 -17
4 -18
4 -19
for having the building or facility inspected for compliance with
the standards and specifications adopted by the commission under
~ .... ~+ ~-~ in~pcct ~-~ bui!~in3 ~ f~?i!ity
this article [__=
i~ ~u~ject t- '~" ~'~-~-] 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 by the department, an entity with whom
the commission contracts under Subsection (d) of this section, or a
4-20 person who holds a certificate of registration issued under Section
4-21
4-22
4-23
4-24
4-25
4 -26
5-1
5-2
5-3
5-4
5-5
5-6
5-7
5-8
5-9
5-10
5-11
5-12
5-13
5-14
5-15
5-16
5-17
5-18
5-19
5-20
5-21
5-22
5-23
5 -24
5A of this article.
(p) [~4-] 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 (p) [-~-]
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 [~twith~t/n~in~ ^~ ~rc~.'i~ic~ ?~ ~- -~
~] department~ an entity with whom the commission contracts under
Subsection (d) of this section, or a person who holds a certificate
of registration issued under Section 5A of this article shall
perform an on-site inspection of each building or facility [a~
~,~- ~ ~-"~ +~ ~e] leased by the state, with an annual
lease expense 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
entity with whom the commission contracts under Subsection (d) of
5-25
5-26
6-1
6-2
6-3
this section, or the person who holds a certificate of registration
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
circumstances justify a later date.
6-4
6-5
6-6
6-7
SECTION 3. Article 9102, Revised Statutes,
adding Section 5A to read as follows:
Sec. 5A. CERTIFICATE OF REGISTRATION. (a)
is amended by
a person may not
perform a review or inspection function of the commission on behalf
6-8
6-9
6-10
6-11
6-12
6-13
6-14
6-15
6-16
6-17
6-18
6-19
6-20
6-21
6 -22
6-23
6-24
6-25
6-26
7-1
7-2
7-3
7-4
7-5
7-6
7-7
7-8
7-9
7-10
7-11
7-12
7-13
7-14
7-15
7-16
7-17
7-18
7-19
7-20
7-21
7-22
7-23
7-24
7-25
7-26
8-1
8-2
8-3
8-4
8-5
8-6
8-7
8-8
8-9
8-10
8-11
8-12
8-13
8-14
8-15
8-16
8-17
of the owner of a buildinq or facility unless the person holds a
certificate of registration issued under this section.
(b) This section does not apply to an employee of:
(1) the department; 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
with the commission an application on a form prescribed by the
commissioner.
(d) TO be eligible for a certificate of registration, an
applicant must satisfy any requirements adopted by the commissioner
by rule~ including education and examination requirements.
(e) The commissioner may issue a certificate of registration
to perform review functions of the commission, inspection functions
of the commission, or both review and inspection functions.
(f) The commissioner may administer separate examinations
for applicants for certificates of registration to perform review
functions, inspection functions, or both review and inspection
functions. Not later than the 30th day after the examination date,
the commissioner shall notify each examinee of the results of the
examination.
(~) The commissioner shall issue an appropriate certificate
of registration to an applicant who meets the requirements for a
certificate.
(h) The commissioner by rule shall specify the term of a
certificate of registration issued under this section.
(i) The commissioner by rule may require certificate holders
to attend continuing education courses specified by the
commissioner. The commissioner may recognize, prepare, or
administer educational courses required for obtaining an original
certificate of registration and continuing education courses.
(j) 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 article; and
(2) rules adopted by the commissioner under this
article.
(k) A certificate holder may not enga.ge in false or
misleading advertising in connection with the performance of review
or inspection functions of the commission.
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, Occupations Code [Arti?!c
~], fees for performing its functions under this article.
(b) The [fcc_- _-k~_!! _~c ~-±d by thg] owner of a building o~r
facility is responsible for payin~ any fee charged by the
commission for performing [?~kc~ tkt ~_c~-t-cct ~crfcr~_-] a function
related to the building or facility under this article.
(c) The commission may charge fees [~u_"t ;-c~,3.~_~ ~ ftc] for:
(1) review of [~] the plans or specifications
of a building or facility;
(2) inspection of [~] a building or facility;
(3) an application for [~,~mg] a variance from
[rt~Ic-"t tc ~-~nivc cr mg~_ify] accessibility standards for a building
or facility;
(4) an application for a certificate of registration
under Section 5A of this article;
(5) an examination for a certificate of registratioD
under Section 5A of this article;
8~18
8-19
8-20
8-21
8 -22
8-23
8-24
8 -25
8-26
9-1
9-2
9-3
9-4
9-5
9-6
9-7
9-8
(6) an educational course required for eligibility for
a certificate of registration under Section 5A of this article;
(7) issuance of an oriqinal certificate of
registration under Section 5A of this article;
(8) a continuinq education course required for
eligibility for renewal of a certificate of registration under
Section 5A of this article; and
(9) renewal of a certificate of registration under
Section 5A 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 licensin~ and regulation shall adopt
rules under Section 5A, 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 followin~ 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 followin~ vote: Yeas 139,
Nays 0, two present not voting.
Approved:
Chief Clerk of the House
Date
Governor