ArraTrN. TEXAS 78711
September 9, 1970
Honorable H. R. Nieman, Jr. Opinion No. M-686
Director
State Building Commission Re: Construction of Article
P. 0. Box 12172 678g. Vernon's Civil
Austin, Texas 78711 Statutes, relating to
standards and specifi-
cations of public build-
ings and facilities used
by the public.
Dear Admiral Nieman:
Your request for an opinion on the above subject matter
reads in part as follows:
"It is requested that you render an Opinion
in regard to Article 678g, Chapter 24, Vernon's
Civil Statutes.
"1 . Responsibility for Enforcement.
"Does the State Building Commission under
Section 20 have the authority to require com-
pliance with the Statute in all Public Buildings,
and in particular State-owned buildings, includ-
ing the installation of an elevator.
“2 * Application of Act.
"Does the State Building Commission under
Section 2 have the authority to declare that the
installation of an elevator, access, ramp and
adjacent parking area in the State-owned Old
Land Office (Museum) Building constitute sub-
stantial renovation or modification.
-3299-
, n
Hon. H. R. Nieman, page 2 (M-686)
Sections 1, 2, 3, 15 and 20 of Article 6789, Vernon's
Civil Statutes, provide as follows:
"Section 1. The provisions of this Act are
enacted to further the policy of the State of
Texas to encourage and promote the rehabilitation
of handicapped or disabled citizens. It is the
intent of this Act to eliminate, insofar as possible,
unnecessary barriers encountered by aged, handi-
capped or disabled persons, whose ability to
engage in gainful occupations or to achieve maxi-
mum personal independence is needlessly restricted
when such persons cannot readily use public build-
ings.
"Sec. 2. (a) The standards and specifications
set forth in this Act shall apply to all buildings
and facilities used by the public which are con-
structed in whole or in part by the use of state,
county, or municipal funds, or the funds of any
political subdivision of the state. To such extent
as is not contraindicated by federal law or be-
yond the state's power of regulation, these standards
shall also apply to buildings and facilities con-
structed in this state through partial or total use
of federal funds. All buildings and facilities
constructed in this state, or substantially renovated,
modified, or altered, after the effective date of
this Act from any one of these funds or any com-
bination thereof shall conform to each of the
standards and specifications prescribed herein
except where the governmental department, agency,
or unit concerned shall determine, after taking
all circumstances into consideration, that full
compliance with any particular standard or speci-
fication is impracticable. Where it is determined
that full compliance with any particular standard
or specification is impractical, the reasons for
such determination shall be set forth in written
form by those making the determination and forwarded
-3300-
. I
Hon. H. R. Nieman, page 3 (M-686)
to the State Building Commission. If it is determined
that full compliance is not practicable, there shall
be substantial compliance with the standard or
specification to the maximum extent practical,
and the written record of the determination that
it is impractical to comply fully with a particular
standard or specification shall also set forth
the extent to which an attempt will be made to
comply substantially with the standard or speci-
fication.
"(b) These standards and specifications shall
be adhered to in those buildings and facilities
under construction on the effective date of this
Act, unless the authority responsible for the
construction shall determine that the construction
has reached a state where compliance is impractical.
This Act shall apply to temporary or emergency
construction as well as permanent buildings.
"Sec. 3. (a) This Act is concerned with non-
ambulatory disabilities, semiambulatory disabilities,
sight disabilities, hearing disabilities, dis-
abilities of coordination and aging.
"(b) It is intended to make all buildings and
facilities covered by this Act accessible to, and
functional for, the physically handicapped ~to,
through,~and within their doors, without loss of
function, space, or facilities where the general
public is concerned.
0 ...
"Sec. 15. Elevators shall be provided and shal
be accessible to, and useable by, the physically
disabled at all levels normally used by the general
public. Elevator control buttons shall have identi-
fying features for the benefit of the blind. Ele-
vators shall allow for traffic by wheelchairs.
-3301-
. I
Hon. H. R. Nieman, page 4 (M-686)
"*Sec. 20. (a) The responsibility for adminis-
tration and enforcement of this Act shall reside
primarily in the State Building Commission, but
the State Building Commission shall have the as-
sistance of appropriate state rehabilitation
agencies in carrying out its responsibilities under
this Act. State agencies involved in extending
direct services to disabled or handicapped persons
are authorized to enter into interagency contracts
with the State Building Commission to provide such
additional fundings as might be required to insure
that service objectives and responsibilities of
such agencies are achieved through the adminis-
tration of this Act. In enforcing this Act the
State Building Commission shall also receive the
assistance of all appropriate elective or appointive
public officials. The State Building Commission
shall from time to time inform professional organi-
zations and others of this law and its application.
'"(b)The State Building Commission shall have
all necessary powers to require compliance with its
rules and regulations and modifications thereof and
substitutions therefore, including powers to in-
stitute and prosecute proceedings in the District
Court to compel such compliance, and shall not be
required to pay any entry or filing fee in connection
with the institution of such proceeding.
"'(c)The State Building Commission is authorized
to promulgate such rules and regulations as might
reasonably be required to implement and enforce
this Act. The State Suilding Commission, after
consultation with state rehabilitation agencies,
is also authorized to waive any of the standards
-3302-
Hon. H. R. Nieman, page ,5 (M-686)
and specifications presently set forth in this
Act and to substitute in lieu thereof standards
or specifications consistent in effect to such
standards or specifications as might be adopted
by the American Standards Association, Inc. (or
its federally-recognized successor in function)
subsequent to the effective date of this Act.
"(d) The respective governing boards of state-
supported institutions of higher education are
responsible for enforcement of this Act on all
properties under their jurisdiction. In all other
instances, the responsibility for enforcement
of this Act shall be in the State Building
Commission."
In view of the foregoing express provisions of Article
678g your questions are answered in the affirmative. You are
accordingly advised that the State Building Commission has
authority to require compliance with Article 67851, including
the installation of an elevator and to declare that the installa-
tion of an elevator, access, ramp and adjacent parking area
in the State-owned Old Land Office (Museum) Building constitute
substantial renovation or modification within the meaning of
Article 678g.
SUMMARY
The provisions of Article 678g, Vernon's
Civil Statutes, relating to standards and
specifications of public buildings and
facilities,are applicable to the State-owned
Old Land Office (Museum) Building.
General of Texas
Prepared by John Reeves
Assistant Attorney General
-3303-
. c
Hon. H. R. Nieman, page 6 (M-686)
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Pat Bailey
Scott Garrison
Larry Craddock
Lonny Zwiener
MEADE F. GRIFFIN
Staff Legal Assistant
NOLA WHITE
First Assistant
ALFRED WALKER
Executive Assistant
-3304-