SUBCHAPTER B. ADMINISTRATION AND ENFORCEMENT
(a) The commission shall administer and enforce this chapter. The appropriate state rehabilitation agencies and the Governor's Committee on People with Disabilities shall assist the commission in the administration and enforcement of this chapter.
(b) In enforcing this chapter, the commission is entitled to the assistance of all appropriate elective or appointive state officials.
(c) The commission has all necessary powers to require compliance with the rules adopted under this chapter.
(a) The commission shall adopt standards, specifications, and other rules under this chapter that are consistent with standards, specifications, and other rules adopted under federal law.
(b) The standards and specifications adopted by the commission under this chapter must be consistent in effect with the standards and specifications adopted by the American National Standards Institute or that entity's federally recognized successor in function.
(c) The department shall publish the standards and specifications in a readily accessible form for use by interested parties.
(a) The presiding officer of the commission, with the commission’s approval, shall appoint an advisory committee for the architectural barriers program. The committee shall consist of building professionals and persons with disabilities who are familiar with architectural barrier problems and solutions. The committee shall consist of at least eight members. A majority of the members of the committee must be persons with disabilities.
(b) A committee member serves at the will of the presiding officer of the commission.
(c) A committee member may not receive compensation for service on the committee but is entitled to reimbursement for actual and necessary expenses incurred in performing functions as a member.
(d) The presiding officer of the commission, with the commission’s approval, shall appoint a committee member as presiding officer for two years.
(e) The committee shall meet at least twice each calendar year at the call of the presiding officer or the commission.
(f) The committee periodically shall review the rules relating to the architectural barriers program and recommend changes in the rules to the commission.
(g) The commission must submit all proposed changes to any rule or procedure that relates to the architectural barriers program to the committee for review and comment before adopting or implementing the new or amended rule or procedure.
(a) The commission shall adopt fees in accordance with Section 51.202, Occupations Code, for performing the commission's functions under this chapter.
(b) The owner of a building or facility is responsible for paying a fee charged by the commission for performing a function under this chapter related to the building or facility.
(c) The commission may charge a fee for:
(1) the review of the plans or specifications of a building or facility;
(2) the inspection of a building or facility; and
(3) the processing of an application for a variance from accessibility standards for a building or facility.
Sec. 469.055. Contract to Perform Review and Inspection.
The commission may contract with other state agencies and political subdivisions to perform the commission's review and inspection functions.
Sec. 469.056. Interagency Contracts.
A state agency that extends direct services to persons with disabilities may enter into an interagency contract with the department to provide additional funding required to ensure that the service objectives and responsibilities of the agency are achieved through the administration of this chapter.
(a) The department periodically shall inform professional organizations and others, including persons with disabilities, architects, engineers, and other building professionals, of this chapter and its application.
(b) Information about the architectural barriers program disseminated by the department must include:
(1) the type of buildings and leases subject to this chapter;
(2) the procedures for submitting plans and specifications for review;
(3) complaint procedures; and
(4) the address and telephone number of the department's program under this chapter.
(c) The department may enter into cooperative agreements to integrate information about the architectural barriers program with information produced or distributed by other public entities or by private entities.
(a) The commission may impose an administrative penalty under Subchapter F, Chapter 51, Occupations Code, on a building owner for a violation of this chapter or a rule adopted under this chapter.
(b) Each day that a violation is not corrected is a separate violation.
(c) Before the commission may impose an administrative penalty for a violation described by Subsection (a), the commission must notify a person responsible for the building and allow the person 90 days to bring the building into compliance. The commission may extend the 90-day period if circumstances justify the extension.
(a) The department shall continue to monitor a complaint made under Section 51.252, Occupations Code, that alleges that a building or facility is not in compliance with the standards and specifications adopted by the commission under this chapter until the department determines that:
(1) the building or facility has been brought into compliance; or
(2) the building or facility is not required to be brought into compliance because of a rule or statute, including Section 469.151.
(b) If the building or facility is not required to be brought into compliance, the department shall, on final disposition of the complaint, notify in writing the person filing the complaint that the building or facility is not required to be brought into compliance because of a rule or statute and provide a reference to the rule or statute.
(c) The department, at least quarterly and for as long as the department continues to monitor the complaint under Subsection (a), shall notify the person filing the complaint of the status of the monitoring.
User Comments/Questions
Add Comment/Question