Office of the Assistant Attorney General for Civil Rights; Certification of the State of Texas Accessibility Standards Under the Americans With Disabilities Act

DEPARTMENT OF JUSTICE

Office of the Assistant Attorney General for Civil Rights;

Certification of the State of Texas Accessibility Standards Under the

Americans With Disabilities Act

AGENCY: Department of Justice.

ACTION: Notice of certification.

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SUMMARY: The Department of Justice has certified that the State of

Texas Accessibility Standards meet or exceed the new construction and

alterations requirements of title III of the Americans with

Disabilities Act (ADA).

DATES: October 3, 1996.

ADDRESSES: Inquiries may be addressed to: John L. Wodatch, Chief,

Disability Rights Section, Civil Rights Division, U.S. Department of

Justice, P.O. Box 66738, Washington, D.C. 20035-6738.

FOR FURTHER INFORMATION CONTACT:

John L. Wodatch, Chief, Disability Rights Section, Civil Rights

Division, U.S. Department of Justice, P.O. Box 66738, Washington, D.C.

20035-6738.

Copies of this notice are available in formats accessible to

individuals with vision impairments and may be obtained by calling

(800) 514-0301 (Voice) or (800) 514-0383 (TDD).

SUPPLEMENTARY INFORMATION:

Background

The ADA authorizes the Department of Justice, upon application by a

State or local government, to certify that a State or local law that

establishes accessibility requirements meets or exceeds the minimum

requirements of title III of the ADA for new construction and

alterations. 42 U.S.C. Sec. 12188(b)(1)(A)(ii); 28 CFR Sec. 36.601 et

seq. Certification constitutes rebuttable evidence, in any ADA

enforcement action, that a building constructed or altered in

accordance with the certified code complies with the new construction

and alterations requirements of title III of the ADA.

By letter dated November 17, 1994, the Texas Department of

Licensing and Regulation requested that the Department of Justice

(Department) certify that the State of Texas Accessibility Standards,

effective April 1, 1994, as adopted pursuant to Texas Civil Statutes,

Article 9102, as amended effective September 1, 1993, and the

Architectural Barriers Administrative Rules, Chapter 68, as amended

effective June 1, 1994 (Texas Standards), meet or exceed the new

construction and alterations requirements of title III of the ADA.

The Department analyzed the Texas Standards, and made a preliminary

determination that they meet or exceed the new construction and

alterations requirements of title III of the ADA. By letter dated May

10, 1996, the Department notified the Texas Department of Licensing and

Regulation of its preliminary determination of equivalency.

On May 28, 1996, the Department published notices in the Federal

Register announcing its preliminary determination of equivalency and

requesting public comments thereon. The period for submission of

written comments ended on July 29, 1996. In addition, the Department

held public hearings in Austin, Texas on June 25, 1996, and in

Washington, DC on August 1, 1996.

Fourteen persons submitted comments. Commenters included

disability-rights advocates, design professionals, and interested

individuals, including individuals with disabilities. The Department

has analyzed the testimony submitted at the hearings and has consulted

with the U.S. Architectural and Transportation Barriers Compliance

Board.

The vast majority of the comments supported certification of the

Texas Standards. Two individuals testified in opposition to

certification of the Texas Standards because they objected to the

coverage of churches under the Texas Standards. However, because

coverage of churches is neither required nor prohibited by the ADA,

such coverage does not preclude certification. One other commenter

complained that Texas accessibility requirements were too vigorously

enforced against public schools. Because certification does not apply

to title II facilities, such as public schools, and does not address

enforcement efforts, this comment also does not affect certification.

Based on these comments, the Department has determined that the

Texas Standards are equivalent to the new construction and alterations

requirements of title III of the ADA. Therefore, the Department has

informed the submitting official of its decision to certify the Texas

Standards.

Effect of Certification

The certification determination is limited to the version of the

Texas Standards that has been submitted to the Department. The

certification will not apply to amendments or interpretations that have

not been submitted and reviewed by the Department.

Certification will not apply to buildings constructed by or for

State or local government entities, which are subject to title II of

the ADA. Nor does certification apply to accessibility requirements

that are addressed by the Texas Standards that are not addressed by the

ADA Standards for Accessible Design, such as the provisions for

children's facilities in the Texas Standards.

Finally, certification does not apply to variances or waivers

granted under the Texas Standards by the Commissioner of Licensing and

Regulation. Therefore, if a builder receives a variance, waiver,

modification, or other exemption from the requirements of the Texas

Standards for any element of construction or alterations, the

certification determination will not constitute evidence of ADA

compliance with respect to that element.

Dated: September 26, 1996.

Deval L. Patrick,

Assistant Attorney General for Civil Rights.

[FR Doc. 96-25332 Filed 10-2-96; 8:45 am]

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