| (a) A building or facility used by a public entity
is subject to compliance with the Texas Accessibility Standards (hereinafter
"TAS") if it is constructed, renovated, or modified, in whole or in
part, on or after January 1, 1970, using funds from the state or a
county, municipality, or other political subdivision of the state.
(b) A building or facility referenced by this subsection
or subsection (d) that is constructed, renovated, or modified on a
temporary or emergency basis e.g. man-camps, fixed furniture systems,
wall systems, and exhibit areas.
(c) A building or facility leased for use or occupied,
in whole or in part, by the state under a lease or rental agreement
entered into on or after January 1, 1972, is subject to the TAS except
as modified under §68.101.
(d) The following private buildings and facilities
constructed, renovated, or modified on or after January 1, 1992, and
defined as a "public accommodation" by Section 301, Americans with
Disabilities Act of 1990 (42 U.S.C. Section 12181), and its subsequent
amendments, are subject to the TAS:
(1) Places of lodging, except for an establishment
located within a building that contains not more than five rooms for
rent or hire and that is actually occupied by the proprietor of such
establishment as the residence of such proprietor. For the purposes
of this section, a building or facility is a place of lodging" if
it is:
(A) An inn, hotel, or motel; or
(B) A building or facility that:
(i) Provides guest rooms for sleeping for stays that
are primarily short-term in nature (generally 30 days or less) where
the occupant does not have the right to return to a specific room
or unit after the conclusion of his or her stay; and
(ii) Provides guest rooms under conditions and with
amenities similar to a hotel, motel, or inn, including the following:
(I) On or off-site management and reservations service;
(II) Rooms available on a walk-up or call-in basis;
(III) Availability of housekeeping or linen service;
and
(IV) Acceptance of reservations for a guest room type
without guaranteeing a particular unit or room until checking in,
and without prior lease or security deposit.
(2) a restaurant, bar, or other establishment serving
food or drinks;
(3) a motion picture house, theater, concert hall,
stadium, or other place of exhibition or entertainment;
(4) an auditorium, convention center, lecture hall,
or other place of public gathering;
(5) a bakery, grocery store, clothing store, hardware
store, shopping center, or other sales or rental establishment;
(6) a laundromat, dry-cleaner, bank, barber shop, beauty
shop, travel service, shoe repair service, funeral parlor, gas station,
office of an accountant or lawyer, pharmacy, insurance office, professional
office of a health care provider, hospital, or other service establishment;
(7) a terminal, depot, or other station used for specified
public transportation;
(8) a park, zoo, amusement park, or other place of
recreation;
(9) a museum, library, gallery, or other place of public
display or collection;
(10) a nursery, elementary, secondary, undergraduate,
or postgraduate private school, or other place of education;
(11) a day care center, senior citizen center, homeless
shelter, food bank, adoption agency, or other social service center
establishment; and
(12) a gymnasium, health spa, bowling alley, golf course,
or other place of exercise or recreation.
(e) Commercial facilities are subject to the Act and
compliance with TAS if they are intended for non-residential use by
a private entity and if their operations will affect commerce. Such
application shall not include railroad locomotives, railroad freight
cars, railroad cabooses, commuter or intercity passenger rail cars
or any other railroad cars described in the Americans with Disabilities
Act (ADA) §242, or covered under the ADA, Title III, railroad
rights-of-way, or facilities that are covered or expressly exempted
from coverage under the federal Fair Housing Act of 1968.
(f) Buildings or facilities of a religious organization
are subject to the Act except for areas exempted under §68.30.
(g) Buildings or facilities with an estimated construction
cost of less than $50,000 or not subject to the Act and compliance
with TAS may be registered, reviewed, and/or inspected by a registered
accessibility specialist or contract provider.
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