Statutory Requirements The TABA mandates accessibility in publicly and privately funded buildings and facilities, as well as facilities leased or occupied by state agencies. It applies to temporary or emergency construction in addition to permanent construction. Current application requires compliance at: - Buildings and facilities constructed, or renovated, modified, or altered, in whole or in part on or after January 1, 1970, through the use of state, county, or municipal funds, or the funds of any political subdivision of the state. - Buildings leased or occupied in whole or in part for use by the state under any lease or rental agreement entered into on or after January 1, 1972. - Privately funded buildings and facilities defined as public accommodations by the Americans with Disabilities Act of 1990, that are constructed or renovated, modified, or altered on or after January 1, 1992. - Privately funded buildings and facilities defined as commercial facilities by the Americans with Disabilities Act of 1990, that are constructed or renovated, modified, or altered on or after September 1, 1993. The statute requires that construction documents covering subject facilities be submitted for review if the estimated construction costs are $50,000 or more; however, compliance is required regardless of the construction cost. Responsibility for submitting construction documents lies with architects, engineers interior designers and landscape architects with overall responsibility for design of the building or facility required to comply. In the absence of a registered design professional, the owner is responsible for submitting the construction documents. TDLR is obligated to report to the respective registration board any design professional with overall responsibility for a project who fails to submit construction documents within the designated time period. Building owners are responsible for having the required inspections performed within one year of completion of construction. Failure on the part of a building owner to comply may result in administrative penalties not to exceed $5,000 for each violation, per day. Equivalency Certification from the U.S. Department of Justice On September 23, 1996, the U.S. Department of justice certified that the Texas Accessibility Standards (TAS) meet or exceed the new construction and alterations requirements of Title III of the Americans with Disabilities Act. Further Assistance For more information regarding TDLR and the AB program, including information on the Texas Accessibility Academy, to subscribe to e-mail updates, or to file a complaint, visit our web site at www.license.state.tx.us. For technical information, e-mail Attila E. Huszka at attila@huszka.net. Historical Background Texas law includes an Architectural Barriers Act, first adopted by the state legislature in 1969. The Texas Accessibility Standards (TAS) are standards adopted in 1993 by the Texas Department of Licensing & Regulation (TDLR) as a result of the amendments to the Act in 1991. Compliance with the Texas Architectural Barriers Act and TAS is separate from compliance with the Americans with Disabilities Act (ADA) and the ADA Accessibility Guidelines (ADAAG). The federal government enforces ADA and the Rehabilitation ACT of 1973. TDLR enforces the Texas Architectural Barriers Act.