HBA-RKM S.B. 484 77(R)    HBA-CMT S.B. 484 77(R)    
BILL ANALYSIS


Office of House Bill AnalysisS.B. 484
By: Duncan
Licensing & Administrative Procedures
3/15/2001
Engrossed



BACKGROUND AND PURPOSE 

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

RULEMAKING AUTHORITY

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

ANALYSIS

Senate Bill 484 amends law to remove the provision that authorizes the
Texas Commission of Licensing and Regulation (commission) to contract with
nonprofit organizations or private independent contractors to perform the
commission's review and inspection of buildings that must comply with
regulations regarding architectural barriers to those with disabilities.
S.B. 484 also removes the provision that the commission's reviews and
inspections are for facilities that are not leased by the state or a
political subdivision. 

S.B. 484 provides that the owner of each building or facility that has an
estimated construction, renovation, modification, or alteration cost of at
least $50,000 is responsible for having it inspected for compliance with
the standards and specifications adopted by the commission.  The bill
provides that the inspection must be performed by the Texas Department of
Licensing and Regulation (TDLR), an entity with whom the commission
contracts to perform its functions (entity), or a person who holds a
certificate of registration (certificate). The bill specifies that
established requirements regarding on-site inspections and the delivery of
inspection results, before a building is occupied in whole or in part,
apply to an entity with whom the commission contracts or a person who holds
a certificate.  
 
S.B. 484 prohibits a person who does not hold a certificate from performing
a function of the commission, unless the person is an employee of TDLR or
an entity.  An applicant for a certificate must file an application with
the commission on a form prescribed by the commissioner, and must satisfy
any requirements adopted by the commissioner by rule, in which event the
commissioner is required to issue an appropriate certificate to the
applicant.  The bill authorizes the commissioner to issue a certificate or
to administer separate examinations for certificates to perform review
functions, inspection functions, or both, but requires that the
commissioner notify each examinee of the results of the examination no
later than the 30th day after the examination date.  S.B. 484 requires the
commissioner to specify, by rule, the term of  a certificate and authorizes
the commissioner to require, by rule, certificate holders to attend
continuing education courses.  The commissioner is authorized to recognize,
prepare, or administer educational courses required for obtaining an
original certificate and continuing education courses.  The bill requires
that a certificate holder perform a function in a competent and
professional manner and in compliance with the standards, specifications
and rules adopted under these provisions.  Additionally, a certificate
holder is prohibited from engaging in false or misleading advertising
regarding the performance of functions.  The bill provides that the owner
of a building or facility is responsible for paying any fee charged by the
commission related to the building or facility and  specifies services for
which the commission is authorized to charge fees. 

The bill requires the commissioner of licensing and regulation to adopt
rules required by this bill no later than January 1, 2002.       

EFFECTIVE DATE

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