Elimination of Architectural Barriers

• Justification for the adoption of rule review
• Several Texas Accessibility Academy dates have been added. More information
• The Architectural Barriers Program will issue revisions to Administrative Rule 68.50(a) changing the requirement for design professionals to submit construction documents from five days to twenty days following the date the drawings are issued. This change is required by HB-1055 and goes in to effect September 1, 2009.
• TDLR Commission announces Architectural Barriers Advisory Committee appointments
• The Texas Accessibility Academy scheduled for November 18-20, 2009 is full; we are no longer accepting registrations for this academy. More information
• Online AB Project Registration and Payment Available October 15th - Starting October 15th TDLR will accept AB project registration payment online. Online payment must be made using a credit or debit card.The new payment option allows a TDLR project number to be assigned immediately and ensures the property/facility owner can conveniently register their project in accordance with state law. AB projects may still be registered by downloading, completing and submitting by mail a Project Registration Form with the applicable fees to TDLR. For more information please email architectural.barriers@license.state.tx.us or call (512) 463-3211 or (877) 278-0999.
• The Architectural Barriers Advisory Committee met October 30 in Austin. The agenda is available online. The meeting was archived and is available for listening via RealPlayer.
• Due to power outages and damage sustained in the Houston area following hurricane Ike, some PSI Test Centers have closed.
• Technical Memorandum 08-01 regarding Curb Ramps has been released
• Justification For Elimination Of Architectural Barriers Administrative Rule Adoption §68.74

Justification for the Adoption of Rule Review

The Texas Department of Licensing and Regulation (Department) filed a notice of intent to review and consider for re-adoption, revision, or repeal 16 Texas Administrative Code (TAC), Chapter 68, Elimination of Architectural Barriers. The Notice of Intent to Review was published in the July 10, 2009, issue of the Texas Register (34 TexReg 4646).

Texas Government Code §2001.039 require state agencies to review their rules every four years to determine if the reasons for initially adopting the rules continue to exist. The rules implementing the Elimination of Architectural Barriers program under Texas Government Code, Chapter 469, were scheduled for this four-year review.

The Department reviewed these rules and determined that the rules are still essential in implementing the statutory provisions of Texas Government Code, Chapter 469, Elimination of Architectural Barriers. The rules provide details that are not found in the program statute but are necessary for implementation and operation of this program. For example, the rules detail the registration/licensing requirements and the fees that are specific to this program. In addition, Government Code §469.052 specifically requires that rules be adopted for this program.

As noted above, the Notice of Intent to Review was published in the July 10, 2009, issue of the Texas Register and distributed to persons internal and external to the agency. The public comment period closed on August 10, 2009. The Department received one public comment in response to the Notice of Intent to Review. The comment addresses continuing education requirements, and it will be taken under consideration as part of any possible rule changes in the future.

The Texas Commission of Licensing and Regulation (Commission), the Department’s governing body, readopted the rules at 16 TAC Chapter 68, Elimination of Architectural Barriers, in their current form. The Department may propose amendments in the future that may further clarify or supplement the existing rules. Any future proposed changes to the rules will be published in the Proposed Rules section of the Texas Register and will be open for public comment prior to final adoption by the Commission in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.

The rules are re-adopted by the Commission in accordance with Texas Government Code, §2001.039. This concludes the review of 16 TAC, Chapter 68, Elimination of Architectural Barriers.

Issued in Austin, Texas on September 1, 2009.

(6) Other laws and standards:

(A) Americans with Disabilities Act Accessibility Guidelines (ADAAG) or any other accessibility guidelines proposed or adopted by the Access Board or United States Department of Justice;

(B) Americans with Disabilities Act;

(C) International Code Council/American National Standards Institute (ANSI) A117.1 Standard on Accessible and Usable Buildings and Facilities;

(D) Life safety codes; or

(E) Fair Housing Act;

(7) Business practices; or

(8) Ethics.

(g) A registered accessibility specialist may receive up to four hours of continuing education credit per renewal for completing courses that are not approved by the department under Chapter 59 of this title and that are offered by providers not registered with the department under Chapter 59 of this title, subject to the following conditions:

(1) the courses must be dedicated to instruction in one or more of the topics listed in subsection (f);

(2) the courses must be offered by a college or university, professional organization, or government agency;

(3) the registered accessibility specialist must certify at the time of renewal the number of hours completed under this subsection;

(4) the department has final authority to deny any hours of credit claimed by a registered accessibility specialist under this subsection; and

(5) credit received under this subsection may not count toward the four hours of instruction required by Subsection (b).

(h) This section shall apply to providers and courses for registered accessibility specialists upon the effective date of this section.

(i) This section shall apply to certificates of registration, issued under §469.201 of the Act, that expire on or after March 1, 2009.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency’s legal authority.

Filed with the Office of the Secretary of State, on March 25, 2008.

William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation

Access Board releases new ADA Accessibility Guidelines; Texas Accessibility Standards still effective

New Federal Accessibility Guidelines - The U.S. Access Board has published new federal accessibility guidelines that cover access for people with disabilities under the Americans with Disabilities Act ( ADA ) of 1990. The guidelines will become effective on September 21, 2004, however they are not enforceable under federal law until adopted by the U. S. Department of Justice. For more information about the new ADA Accessibility Guidelines (ADAAG), visit The Access Board’s website at www.access-board.gov.

Applicable State Accessibility Standards - In accordance with the Texas Architectural Barriers Act, Texas Government Code, Chapter 469, the applicable state standards are the Texas Accessibility Standards (TAS) which became effective April 1, 1994. TAS is effective until new state standards are adopted.

Plans to Update State Accessibility Standards - Last year, in anticipation of revisions to the federal accessibility guidelines, the Texas Department of Licensing and Regulation (TDLR) appointed a taskforce and coordinated the review of a proposal for a new ADAAG. Currently, TDLR is reviewing the new ADAAG.

Soon, TDLR will begin requesting input from interested parties, coordinating public hearings throughout the state, and initiating discussion on proposals to update the state accessibility standards. If you are interested in keeping apprized of these matters, you may wish to monitor this webpage or subscribe to TDLR's E-mail Notification List for future updates.

For further information contact:

Voice (512) 577-0122
tech@statereview.com