HBA-ATS H.B. 1842 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1842
By: Burnam
Business & Industry
3/25/1999
Introduced



BACKGROUND AND PURPOSE 

It is estimated that four million Texans live with a physical disability.
U.S. Census reports estimate that more than 30 million Americans will be 65
years or older by the year 2000.  Physical disabilities and aging limit
mobility, hindering people from enjoying life.  Compounding the problem is
the fact that most homes were and are not designed to accommodate people
with a disability. 

H.B. 1842 provides that a speculative home (a single-family dwelling that
is constructed for sale on the open market and not constructed for
immediate occupancy) must include certain features.  The home must have at
least one entrance door that is on an accessible route served by a ramp or
no-step entrance and has a net clear opening of at least 32 inches.  This
requirement may be waived if the cost of grading the terrain is
prohibitively expensive.  In addition, each interior door on the first
floor of the building must have a net clear opening of at least 32 inches.
Likewise, each hallway on the first floor of the building must have a width
of at least 36 inches and must be level, with ramped or beveled changes at
each door threshold.  Each bathroom wall on the first floor of the building
must be reinforced for potential installation of grab bars. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 16, Title 83, V.T.C.S., by adding Article
5221f-2, as follows: 

Art. 5221f-2.  SPECULATIVE HOMES.  (a)  Defines "speculative home" to mean
a singlefamily dwelling that is constructed for sale on the open market and
not constructed for immediate occupancy. 

(b)  Enumerates the special features that must be included in the
construction of a speculative home.  The home must have at least one
entrance door that is on an accessible route served by a ramp or no-step
entrance and has a net clear opening of at least 32 inches.  In addition,
each interior door on the first floor of the building must have a net clear
opening of at least 32 inches, unless the door provides access only to a
closet of fewer than 15 square feet in area.  Likewise, each hallway on the
first floor of the building must have a width of at least 36 inches and
must be level, with ramped or beveled changes at each door threshold.  Each
bathroom wall on the first floor of the building must be reinforced for
potential installation of grab bars. Each electrical panel or breaker box,
light switch, or thermostat on the first floor of the building must not be
higher than 48 inches above the floor.  Additionally, each electrical plug
or other receptacle on the first floor of the building must be at least 15
inches above the floor.  Each breaker box must be located inside the
building on the first floor.  

(c) Authorizes a person who constructs a speculative home to obtain a
waiver from having to construct an accessible route served by a ramp or
no-step entrance if the cost of grading the terrain to meet this
requirement is prohibitively expensive.  Provides that the person must
request the waiver from the appropriate governmental authority authorized
to issue  building permits or otherwise regulate the construction of
buildings in the area in which the speculative home is located. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.