SUBCHAPTER A. GENERAL PROVISIONS
(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.
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.
(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.
Sec. 469.004. Applicability of Other Law.
Section 51.404, Occupations Code, does not apply to this chapter.
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