Part 4.
TEXAS DEPARTMENT OF LICENSING AND REGULATION
Chapter 61.
COMBATIVE SPORTS
16 TAC §§61.10, 61.20, 61.30, 61.40, 61.41, 61.46, 61.47, 61.80, 61.107 - 61.112
The Texas Department of Licensing and Regulation ("Department")
adopts amendments to existing rules at 16 Texas Administrative Code §§61.10,
61.20, 61.30, 61.40, 61.41, 61.46, 61.80, 61.107 - 61.110, regarding the combative
sports program as published in the October 29, 2004, issue of the
Texas Register
(29 TexReg 9955), without changes, and will not be republished.
Sections 61.47, 61.111, and 61.112 are adopted with changes as published in
the October 29, 2004, issue of the
Texas Register
(29 TexReg 9955).
The rule adoptions amend existing rules and add a new rule concerning licensee
and contestant requirements to improve the safety of combative sports contestants
by clarifying language, requirements, and responsibilities of contestants,
promoters, referees, and judges.
Section 61.47(a) is adopted with changes from the proposal to require contestants
to submit proof of a physical examination, including an opthalmological exam
and proof that the applicant is free of hepatitis B and C viruses and free
of HIV. Such examinations must have been made within 30 days of the date of
application for licensure as a contestant.
Section 61.111(f) is adopted with changes from the proposal to clarify
language.
Section 61.112(i) is adopted with a change from the proposal to correct
a typographical error. The last paragraph has been renumbered to (14).
The Department drafted and distributed the proposed rules to persons internal
and external to the agency. Written comments were filed by four individuals.
Two of them strongly supported the concept set out in proposed new §61.112,
Muay Thai Fighting, and the proposed changes to §61.111, Martial Arts.
Both commenters stated that proposed changes would help in the effort to have
nationally recognized rules for such fighting. Neither offered language changes.
Another commenter objected to the provisions of new subsection (a) of §61.47
that require all applicants for a contestant's license to submit proof of
having passed a comprehensive medical exam, an opthalmological exam, and proof
that the applicant is free of hepatitis B and C viruses and free of HIV. The
rule also requires that at the time contestants participate in an event the
proof of opthalmological and a blood test for HIV, and hepatitis B and C must
be no older than 180 days. The requirement for the exams is not new; it is
simply moved from §61.107(b) to this rule to make it clear that the requirement
applies to all contestants. Neither is the requirement for proof that a blood
test be no more than 180 days old new, but the requirement that an opthalmological
exam be no more than 180 days old is new.
The Medical Advisory Committee at a regularly scheduled meeting on November
16, 2004, also discussed the proposed rule and voted to recommend that it
be changed in two respects. They are to require that at the time exam results
are presented by a contestant seeking licensure or license renewal, they should
be no more than 30 days old, and that rules should not require such exams
to be taken more frequently than annually. The comments are well taken in
that, as proposed, the rule placed a burden on contestants that is unnecessary;
that is having to take exams as frequently as every six months depending on
a contestant's fight schedule. The Department agrees with the commenter and
the language has been changed as appropriate.
A fourth commenter addressed §61.111, Mixed Martial Arts and in addition
to commenting on proposed changes also proposed new changes that have not
been published. Those proposals will not be addressed here.
The commenter proposed to add language to subsection (b) allowing gloves
between 4 and 8 ounces. The statute provides that gloves may not be less than
eight ounces, though they may be greater than eight if allowed by rule. No
change is made.
The commenter proposed to add to subsection (c) a provision to allow submission
to be signaled by either physical or verbal tap out. The rule at subsection
(o) already defines how submission may be indicated. No change is made.
The commenter proposed adding language to subsection (d) to allow the Executive
Director to permit the kinds of clothing for contestants other than that set
out in the rule and to prohibit shirts and shoes. The rule is specific regarding
what contestants may wear; shirts and shoes are not allowed and the Executive
Director should not be authorized to override the specificity of the rule.
No change is made.
The commenter proposed a change to subsection (e) to provide that hands
may be wrapped in a manner approved by the Executive Director. The rule is
specific regarding taping of the hands and the Executive Director should not
be authorized to override the specificity of the rule. No change is made.
The commenter proposed to add language to subsection (f) to provide that
championship matches may be up to 25 minutes in length rather than the 20
provided in the proposed rule. The Department agrees with the commenter and
the language has been changed as appropriate.
The commenter proposed to change subsections (j), (k), and (l) to refer
to the fighting area rather than the ring. These changes were proposed to
comply with a significant definition change proposed that is not addressed
here. The changes will only be necessary if the definition of "ring" is changed
at a later time. No change is made.
The commenter proposed to change subsection (m) to allow the referee to
stop a bout when a laceration occurs rather than requiring the referee to
stop the contest to have the ringside physician to examine the laceration.
The contestant's safety is paramount and lacerations should be examined before
a contest continues. No change is made.
The commenter proposed a number of changes to subsection (n) which defines
fouls, but the proposals either were outside the scope of the rule as published
or they would have increased risk to contestants. For example, paragraph (6)
prohibits kicking an opponent who is down on the mat, was proposed to be changed
to prohibit kicking to the head only. An opponent down on the mat is essentially
defenseless and should not be kicked at all. Also, paragraph (24) which prohibits
kidney strikes was proposed to be changed to prohibit kicking to the kidney
with the heel. No changes are made.
The amendments and new rule are adopted under Texas Occupations
Code, Chapter 51 and Chapter 2052, which authorizes the Department to adopt
rules as necessary to implement the chapter.
The statutory provisions affected by the adoption are those set forth in
Texas Occupations Code, Chapter 51 and Chapter 2052. No other statutes, articles,
or codes are affected by the adoption.
§61.47.Responsibilities of Contestants.
(a)
Medical Examinations. Each contestant applying for a license,
or license renewal, shall submit on a department approved form signed by an
examining physician and an examining ophthalmologist proof of having passed
a comprehensive medical examination within thirty days of the date the application
is signed by the applicant The exam must include an ophthalmologic medical
examination completed by an Ophthalmologist only and must indicate that the
applicant is free of Hepatitis B and C viruses and human immunodeficiency
virus (HIV.)
(b)
A contestant applicant must submit to the Department all
information required by the Department's application.
(c)
A contestant may not perform under any name that does not
appear in departmental records.
(d)
Contestants shall in good faith perform to the best of
their abilities.
(e)
A contestant who commits a foul under these rules is subject
to administrative sanctions and or penalties in addition to losing points
during a contest.
(f)
Arguing with an official or refusing to obey the orders
of an official is prohibited.
(g)
Contestants shall compete in proper ring attire. Male contestants
must wear a protection cup, which shall be firmly adjusted before entering
the ring. The trunks' waistband shall not extend above the waistline and the
hem may not extend more than two inches below the knee. Ring attire may not
have sequins, buttons, tassels or any other decorative items that may become
detached during a contest. A fitted mouthpiece shall be worn while competing.
Shoes shall be of soft material and shall not be fitted with spikes, cleats,
or hard heels. Female contestants must wear garments that cover their breasts.
(h)
All contestants shall be in the dressing room at least
45 minutes before the event is scheduled to begin. The contestants shall be
ready to enter the ring immediately after the preceding contest is finished.
(i)
After receiving final instructions from the referee, contestants
may touch gloves or shake hands and then shall retire to their corners.
(j)
After the referee or judge's decision has been announced,
both contestants and their seconds shall leave the ring when requested to
do so by the referee.
(k)
Female contestants shall submit to a pregnancy test at
weigh-in.
(l)
Female contestants may wear breast protection plates.
(m)
Every contestant shall undergo a pre-fight physical examination.
If a contestant's physical exam shows him unfit for competition, the contestant
shall not participate in the contest. The manager or contestant shall make
an immediate report of the facts to the promoter and the Department.
(n)
If a contestant becomes ill or injured and cannot take
part in a contest for which he is under contract, he or his manager shall
immediately report the facts to the promoter and the Department. The contestant
must submit to the Department medical proof of the injury or illness.
(o)
A positive pregnancy, Hepatitis B or C, or human immunodeficiency
virus (HIV) test will result in disqualification.
(p)
The administration or use of any drugs or alcohol 24 hours
before or during a contest is prohibited unless a drug is prescribed, administered
or authorized by a licensed physician and the Executive Director authorizes
the contestant to use the drug. If a contestant is taking prescribed or over
the counter medication, he/she must inform the Executive Director of such
usage at least 24 hours prior to the contest.
(q)
As a condition of licensure, contestants waive right of
confidentiality of medical records relating to treatment or diagnosis of any
condition that relates to the contestant's ability to participate in a contest.
All medical records submitted to the Department are confidential, and shall
be used only by the Executive Director or his/her representative for the purpose
of ascertaining the contestant's ability to be licensed or participate in
a contest.
(r)
Contestants may not compete against a member of the opposite
sex.
(s)
Medical disqualification of a contestant is for his own
safety and may be made at the recommendation of the examining physician or
the Department. If a contestant disagrees with a medical disqualification,
medical suspension or rest period set at the discretion of a ringside physician
or a disqualification set by the Department, he may request a hearing to show
proof of fitness. The hearing shall be provided at the earliest opportunity
after the Department receives a written request from the contestant or his
manager.
(t)
Any licensee who competes outside the State of Texas and
receives a medical suspension shall report the fight results and medical suspension
to the Department within 72 hours after the event.
(u)
Contestants may not participate in any bout while wearing
jewelry, including but not limited to, watches, rings, necklaces, bracelets,
earrings, any type of stud used to penetrate body piercings, or other removable
decorative items.
§61.111.Mixed Martial Arts including Shoot Wrestling/Fighting or Pancrase Wrestling/Fighting.
(a)
All rules stated herein apply to the combative sports of
shoot wrestling/fighting with the exception of §§61.107 - 61.110
and §61.112 unless this section conflicts with another rule stated herein.
If a conflict occurs, this section prevails.
(b)
Contestants may wear gloves.
(1)
If both contestants wear gloves, closed fist punching and
frontal palm/heel strikes are permitted.
(2)
If both contestants are not wearing gloves, frontal palm/heel
strikes and closed fist punches are not permitted, except to the body.
(c)
Contestants may prevail by technical knockout, knockout,
submission, disqualification or judge's decision.
(d)
Contestants may wear shorts, trunks, wrestling singlet,
or traditional martial arts Gi. Knee braces without metal are permissible.
(e)
If contestants wear gloves, they may wrap hands. If contestants
are not wearing gloves, it is not permissible to wrap hands, but wrists may
be taped. Contestants who choose to wear gloves, may only compete with other
contestants wearing gloves. Contestants choosing not to wear gloves, may only
compete with other contestants who choose not to wear gloves.
(f)
Contests shall not exceed a total of 15 minutes per bout
with no overtime allowed. Championship contests are allowed two five-minute
overtimes with a one-minute rest period.
(g)
A fitted mouthpiece shall be worn while competing.
(h)
Male contestants must wear a plastic foul-proof groin protector
(abdominal guard). Female contestants must wear a plastic pelvic guard and
may wear a breast protector.
(i)
Contestants may use the ropes once during a round. The
second time a contestant grabs the rope will be considered a submission.
(j)
Intentionally escaping from the ring will result in a rope
call.
(k)
If both contestants wrestle into or under the ropes and
the referee believes that the ropes are causing interference with the match,
the referee may stop the action, put both contestants in a standing position
in the middle of the ring and continue the match.
(l)
If both contestants are wrestling on the ground and the
referee believes neither contestant will gain an advantage, the referee may
stop the contest, put both contestants in a standing position in the middle
of the ring and continue the match.
(m)
If a laceration occurs, the referee shall stop the contest
and the ring physician will examine the laceration. Either the physician or
referee can stop the contest.
(n)
The following tactics are fouls and may result in disqualification
or point deduction at the discretion of the referee.
(1)
Head butts, side hand strikes, backhand slaps, elbow strikes
or clubbing.
(2)
Punching or frontal palm/strikes while the opponent's head
is touching the mat.
(3)
Kicks, punches or any strikes to the groin.
(4)
Spitting or biting.
(5)
Striking or grabbing the throat area.
(6)
Kicking while the opponent is down on the mat.
(7)
Kneeing to the head while grappling on the mat.
(8)
Kicking to the head while both contestants are on the mat.
(9)
Hair pulling.
(10)
Any un-sportsmanlike conduct.
(11)
Attacking on the break.
(12)
Attacking after the bell has sounded.
(13)
Intentionally pushing, shoving, wrestling, or throwing
an opponent out of the ring.
(14)
The use of oily substances such as petroleum jelly or
baby oil on any contestant's hair, body or equipment.
(15)
Eye gouging of any kind.
(16)
Fish hooking.
(17)
Putting a finger into any orifice or into any cut or laceration
on an opponent.
(18)
Small joint manipulation.
(19)
Striking to the spine or the back or the head.
(20)
Striking downward using the point of the elbow.
(21)
Clawing, pinching, or twisting the flesh.
(22)
Grabbing the clavicle.
(23)
Stomping a grounded opponent.
(24)
Kidney strikes of any kind.
(25)
Spiking an opponent to the canvas on his head or neck.
(26)
Holding the shorts or gloves of an opponent.
(27)
Flagrantly disregarding the instructions of the referee.
(28)
Timidity, including without limitation, avoiding contact
with an opponent, intentionally or consistently dropping the mouthpiece or
faking an injury.
(29)
Throwing in the towel during competition.
(o)
The determination of the winner shall be as follows:
(1)
by submission, either verbally or by tapping two or more
times on the mat, ropes, ring corner or the opponent's body;
(2)
by knockout;
(3)
by being down on the map mat for a ten count;
(4)
by the referee disqualifying a contestant through a technical
knockout;
(5)
by the referee stopping a match based upon a ring physician's
advise;
(6)
by a contestant's corner stopping the bout;
(7)
by the referee disqualifying a contestant for a violation
of these rules; or
(8)
by the judges decision based upon technique and aggressiveness
minus the number of penalties.
§61.112.Muay Thai Fighting.
(a)
All rules stated herein apply to the combative sport of
muay thai fighting with the exception of §§61.107 - 61.111, unless
this section conflicts with another rule stated herein. If a conflict occurs,
this section prevails.
(b)
Muay Thai is a competition in which a person utilizes punches
elbows, knees and grappling techniques while standing up.
(c)
It is permissible to strike an opponent's legs, arms, body,
face, and head using the shin, knee, gloved fist or elbow.
(d)
Contests will be scheduled for no more than five three-minute
rounds with two-minute rest periods.
(e)
Contestants must wear gloves weighing not less than 8 oz.
(f)
Ankles may be taped or wrapped with approved non-metallic
medical wrap.
(g)
Male contestants must wear a foul-proof groin protector.
Female contestants must wear foul-proof breast protectors. Plastic breast
covers are adequate.
(h)
Spinning back fist blows are allowed, so long as contact
is made only with the padded part of the glove.
(i)
The following tactics are fouls and may result in disqualification
or the deduction of one or more points, at the discretion of the referee;
(1)
Head butts;
(2)
Striking a downed opponent;
(3)
Kicks, punches or any strikes to the groin, kidneys, or
spine;
(4)
Pricking or pressing eyes;
(5)
Spitting or biting;
(6)
Striking the throat area;
(7)
Hair pulling;
(8)
Wrestling or throwing opponent to ground;
(9)
Performing any illegal holding or wrestling technique not
part of Muay Thai;
(10)
Holding or stepping on one of the ropes while fighting,
elbowing, or striking;
(11)
Any un-sportsmanlike conduct;
(12)
Attacking on the break;
(13)
Attacking after the bell has sounded; and
(14)
Throwing in the towel during competition.
(j)
The determination of the winner shall be as follows:
(1)
by knockout;
(2)
by technical knockout;
(3)
by points on judges' score cards, with at least two rounds
of five-round fights being completed, if both fighters are injured or counted
out, and are unable to continue;
(4)
by the referee stopping a match based upon a ring physician's
advice;
(5)
by the referee stopping a match when one fighter is outclassing
the other;
(6)
by a contestants corner stopping the bout;
(7)
by the referee disqualifying a contestant for a violation
of these rules.
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 January 12, 2005.
TRD-200500169
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Effective date: February 1, 2005
Proposal publication date: October 29, 2004
For further information, please call: (512) 463-7348
16 TAC §§68.1, 68.10, 68.20, 68.30, 68.31, 68.50 - 68.54, 68.65, 68.70, 68.74 - 68.76, 68.79, 68.80, 68.90, 68.93, 68.100 - 68.103
The Texas Department of Licensing and Regulation ("Department")
adopts amendments to 16 Texas Administrative Code, Chapter 68, Architectural
Barriers, §§68.1, 68.10, 68.20, 68.30, 68.31, 68.50 - 68.54, 68.65,
68.70, 68.74 - 68.76, 68.79, 68.80, 68.90, 68.93, 68.100, and 68.101 and new §68.102
and §68.103, concerning project filing and inspection filing fees, and
updating and clarifying key terms in the architectural barriers rules. Sections
68.1, 68.51, 68.52, 68.53, 68.54, 68.70, 68.74 - 68.76, 68.79, 68.93, 68.100
and new §68.103 are adopted without changes as published in the September
3, 2004, issue of the
Texas Register
(29 TexReg
8472) and will not be republished. Sections 68.10, 68.20, 68.30, 68.31, 68.50,
68.65, 68.80, 68.90, 68.101 and new §68.102 are adopted with changes
as published in the September 3, 2004, issue of the
Texas Register
(29 TexReg 8472).
These rules are necessary to address statutory changes made by Senate Bill
279, 78th Legislature and the codification of the Architectural Barriers statute
from Texas Civil Statutes, Article 9102 to Texas Government Code, Chapter
469, made by House Bill 3507, 78th Legislature. In §68.10, changes were
needed to revise or add definitions to clarify the application of statutory,
rule, and technical requirements.
Section 68.20 has been revised and language added to more accurately reflect
what is authorized by statute under Texas Government Code, §469.003.
Accordingly, two types of facilities were deleted from the list under §68.20(a)
which are, (1) public entities which donated or allowed use of land for buildings/facilities,
and (2) those buildings/facilities constructed with private funds with the
intent of donating or deeding to a public entity. All other changes more accurately
reflect statutory language and department procedures, and some portions have
been deleted or relocated to avoid redundancy.
Section 68.30 has been modified and specific exemptions added that should
allow for increased understanding of the requirements and more accurate application
of the standards. The added exemptions only apply to those limited elements,
spaces, and areas within subject facilities where the Department has determined
that provisions of the Act should not apply because application of the standards
would be impractical or irrelevant to the nature, use, or function of the
building/facility AND where the Department believes that the exemption would
not significantly impair the acquisition of goods and services by persons
with disabilities, substantially reduce the potential for employment of persons
with disabilities, or knowingly result in a violation of the Americans with
Disabilities Act of 1990. The changes also more accurately reflect exemption
language drafted by the federal Architectural and Transportation Barriers
Compliance Board (Access Board). The language in §68.30(13) was added
in accordance with statutory changes of the 78th Texas Legislature which limits
the department's authority to consider only those portions of buildings that
are non-residential in determining compliance with the standards. The exemption
language clarifies that all facilities occupied solely for residential use
that are 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 are now exempted from provisions
of the Act (specifically full application of the standards).
Changes in §68.31 provide clarification regarding who may submit a
variance and what to include in a variance application. The revisions should
allow for improved adherence to Departmental procedures regarding variances.
Other revisions in §68.31 reflect new references due to internal organizational
changes; increase the period of time available to request an appeal; and eliminate
the provisions for appeal to the commission, as they will ultimately review
these matters during enforcement resolution.
The added language in §68.50 clarifies the owner's statutory obligation
under Texas Government Code, §469.102 to ensure plans are submitted to
the Department; stipulates 14 calendar days in lieu of 10 business days for
completion of the Registration Form; and clarifies that the applicable fees
must be submitted with each separate building or facility that is part of
a bid package involving multiple facilities.
The revised language in §68.51 clarifies the level of deficiencies
that may be included in the conditional review approval; describes what deficiencies
must be addressed and when they must be addressed; and clarifies procedures
involved in verification of design revisions and re-submittals.
The revised language in proposed §68.52 clarifies the procedures involved
in the inspection process and specifies that before proceeding with an inspection,
prior authorization from the owner is necessary.
Revised language in proposed §68.65 includes clean-up language related
to re-codification and internal organizational changes.
The amendments to §68.76 clarify standards of conduct and specific
rules of conduct related to variances; add language specifically excluding
Registered Accessibility Specialists (RAS) from submitting or preparing a
variance for which they have provided review or inspections services; clarify
the Department's policy; and allow for RAS assistance in the variance process.
The amendments to §68.79 clarify that third party contract providers
are subject to complaints.
The amendments to §68.80 clarify what is to be included (and excluded)
from the estimated cost of construction; add a reference to the fee schedule;
reduce the two-hour minimum for special inspections to a one-hour minimum;
delete the current late submittal fee schedule and replace it with a flat
fee of $300; and consolidate the "project filing fee" and "inspection filing
fee" into one fee and reduces the combined fee from $200 to $175 pursuant
to the Department's annual fee review. Other changes to §68.80 clarify
the multiple options available to register projects in which the estimated
construction cost is less than $50,000, including the applicable fees and
corresponding services; update the existing rules to reference the proposed
"late project filing" fee, and clarify that other fees (i.e. for review and
inspection) also apply.
Revisions to §68.93 clarify the Department's process regarding the
audit of RAS and responsibilities of the RAS that pertain to inspection and
copy of records. It specifically increases the time to make the records available
from 10 calendar days to 14 calendar days.
Revisions to §68.101 add language which clarifies the registrant's
requirements to include applicable fees with the state lease registration
form and the applicability to both initial lease agreements and renewals;
revise language previously contained in §68.20 to better reflect department
procedures; and clarify that it is the obligation of the leasing agency to
request an evaluation that could possibly exempt some or all of the lease
space, or otherwise full compliance with the applicable standards will be
required.
New §68.102 adds language to address Texas Accessibility Standards
(TAS) scoping and application provisions for public right-of-way projects
that are subject to the Act; clarifies that the estimated cost of construction
and associated fees for projects within the public right-of-way will be based
on the costs of the pedestrian elements only; adds language stipulating that
the application of TAS shall be limited to only those pedestrian elements
being constructed, renovated, modified, or altered as part of the project
scope; clarifies that handrails are not required at sidewalks or curb ramps
within the public way, however, if provided must comply; establishes that
where adjacent roadway running slopes of 5% or greater exist, the pedestrian
access route may not exceed the grade established for the roadway, providing
an exception if the pedestrian route complies with TAS 4.8 in its entirety;
establishes that detectable warnings of 24" depth (in the direction of travel)
will be accepted as satisfying the requirements of TAS 4.7.4; and stipulates
that non-signalized driveways are not considered hazardous vehicular areas.
New §68.103 adds language allowing specific alternative standards
to be accepted as meeting or exceeding the requirements of TAS for detention
and correctional facilities. The alternative standards to be recognized are
Sections 11 2.3(1) and (2) and Chapter 12 of Title 36 of the CFR, Part 1191
of the Final Rule published in the federal register and drafted by the federal
Architectural and Transportation Barriers Compliance Board (Access Board).
Changes from the proposed rules respond to public comments or otherwise
reflect non-substantive variations from what was proposed. The Department's
legal counsel has advised that the changes affect no new person, entities,
or subjects other than those given notice and that compliance with the adopted
rules will be less burdensome than under the proposed rules. Accordingly,
republication of the adopted rules as proposed rules is not required.
The Department drafted and distributed the proposed rules to persons internal
and external to the agency. The new rules as proposed were reviewed and approved
on March 27, 2003 by the Architectural Barriers Advisory Committee, which
is a body that advises the Commission on the adoption of rules related to
the elimination of architectural barriers.
The following changes have been made to the proposed rules. In response
to a public comment, the definition of "employee work area" in §68.10(15)
has been changed to clarify that the list of items not considered to be employee
work areas is not an exhaustive list. The definition of "sidewalk" in §68.10(28)
has been changed to delete the term "accessible route" and substitute the
words "exterior circulation path." This change was in response to a comment
from the Texas Department of Transportation that an accessible route may be
only a portion of a sidewalk.
In response to a public comment, the definition of "specific employee work
areas" in §68.30(9) has been reorganized to provide greater clarity and
readability, without altering the intended meaning of the definition. Based
on a comment from the Office of the Governor, Committee on People with Disabilities,
the exemption for press boxes in §68.30(10) has been deleted and the
remaining items renumbered accordingly. After further consideration, the Commission
agrees with the commenter that the deleted exemption could be considered to
be in violation of current federal standards.
Section 68.50(c) has been revised to clarify that an owner may submit construction
documents instead of those documents being submitted by a design professional.
This change resulted from a public comment about the clarity of this rule
provision.
In response to comments from the Texas Department of Transportation, §68.102
has been reorganized for greater clarity and readability without changing
the intended meaning of the language. In response to the same commenter, §68.102(b)(2)(C)
has been changed to specify that the maximum distance from the curb line to
the detectable warning's edge nearest the curb line is 10" rather than 8".
This change should ease the burden of compliance with the rule without materially
impacting users of curb ramps. In response to a comment from the City of San
Antonio concerning visual contrast, language has been added to clarify that
the reference to the term "detectable warnings" means those that comply with
4.29 of the TAS.
Some additional changes have been made based on staff recommendation. The
title of the chapter has been changed to "Elimination of Architectural Barriers"
to accord with the title of Texas Government Code, Chapter 469. Language has
been added to the definition of "Act" in §68.10(1) to reference the title
"Texas Architectural Barriers Act," which is commonly used. The language of
the exemption in §68.30(11) was changed to clarify that the exemption
applies to construction started before April 1, 1994, consistent with the
title of that subsection. Finally, non-substantive grammatical changes have
been made to the following sections: §§68.20(a), 68.31(b), 68.65(f),
68.90(a), 68.80(c), and 68.101(c).
In addition to the comments which prompted changes discussed above, a number
of public comments were received concerning the proposed rules. The comments
appeared to be generally in favor of the proposed rules but disagreed with
particular provisions or recommended specific changes. The comments are summarized
as follows.
The City of San Antonio, commented that the term "in direction of pedestrian
travel" in §68.102 is not clear. The Commission disagrees and believes
that the term as used in this context gives sufficiently clear guidance, so
no change has been made based on this comment. Another comment suggested including
diagrams in the rules concerning rights of way. Diagrams generally are not
included in the rules. This level of specificity is more appropriate in the
TAS, so no change has been made in response to this comment.
One commenter suggested distinguishing between the definitions of "lavatory"
and "sink." Such a change is beyond the scope of this rulemaking and likely
would require the Department to republish the proposed rules for public comments,
so no changes have been made based on this comment. However, this comment
may be considered for future rulemaking or possible changes to TAS. The same
commenter wanted the exemption in §68.30(9) to apply to all dumpster
pads and enclosures. The Commission believes that such a change would expand
the exemption beyond what is currently allowed by statute. Current law would
not exempt dumpster pads and enclosures that are used by the general public.
No change has been made based on this comment.
Accessology, Inc. made several comments. First, the commenter suggested
that the term "standard curb height" in §68.30(6) is too subjective and
that curb height should be more precisely defined. Standard curb height is
usually six inches, but local jurisdictions may vary in this regard. Setting
a specific curb height may conflict with what certain jurisdictions currently
use. The Commission believes that such a change is beyond the scope of the
proposed rules and would require republication of the rules in the
Texas Register
for public comment. The Commission may consider this
issue for future rulemaking but does not believe that it is appropriate to
include in these rules. Second, the commenter addressed the exemption for
accessible routes to press boxes in the proposed §68.30(10). As previously
discussed, this provision has been removed from the rules. Third, the commenter
suggested a clearer definition of the term "adaptable," as used in §68.30(11),
than the definition of "adaptability" found in TAS 3.5.6. This comment addresses
a definition in TAS rather than these rules, so no change has been made based
on this comment. Fourth, the commenter disagreed with the requirement in §68.10(12)
that a designated agent's authority to act for the owner must be in writing.
The Commission believes that this requirement, along with changes in §68.31,
will provide greater clarity in the process of obtaining variances. In addition,
the Commission does not believe this to be an overly burdensome requirement.
Therefore, no change has been made based on this comment. Finally, the commenter
objected to the change in §68.50(c) of the word "issues" to "submits."
The Commission believes that this change is necessary because it will ease
the burden of compliance by potentially increasing the amount of time allowed
for submitting an elimination of architectural barriers project registration
form. No change has been made based on this comment.
The Texas Department of Transportation recommended a number of changes,
including adding definitions. The Commission has made some recommended changes
as previously described. However, the Commission believes that most of these
recommendations would involve substantial revisions to the proposed rules
and, therefore, would be beyond the scope of this rulemaking. The Commission
will consider the remaining recommendations for possible future rulemaking.
The Department also received a number of questions about the application
of the amendments and new rules. These were not considered to be comments
and, therefore, are not addressed in this document. The Department will address
such questions through its website and other means.
The amendments and new rules are adopted under Texas Government
Code, Chapter 469 and Texas Occupations Code, Chapter 51, which authorizes
the Department to adopt rules as necessary to implement this chapter and any
other law establishing a program regulated by the Department.
The statutory provisions affected by the adoption are those set forth in
Texas Government Code, Chapter 469 and Texas Occupations Code, Chapter 51.
No other statutes, articles, or codes are affected by the adoption.
§68.10.Definitions.
The following words and terms, when used in this chapter shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Act--The Elimination of Architectural Barriers Act, Texas
Government Code, Chapter 469 (the Texas Architectural Barriers Act).
(2)
Building--Any structure located in the State of Texas that
is used and intended for supporting or sheltering any use or occupancy.
(3)
Business days--Calendar days, not including Saturdays,
Sundays, and legal holidays.
(4)
Commencement of Construction--The date of placement of
engineering stakes, delivery of lumber or other construction materials to
the job site, erection of batter boards, formwork, or other construction related
work.
(5)
Commissioner--As used in Chapter 469 and in this chapter,
has the same meaning as Executive Director.
(6)
Completion of Construction--That phase of a construction
project which results in occupancy or the issuance of a certificate of occupancy.
(7)
Construction Documents--Documents used for construction
of a building or facility, including working drawings, plans, specifications,
addenda, and applicable change orders.
(8)
Contract Provider--The state agency or political subdivision
under contract with the department to perform plan reviews, inspections, or
both.
(9)
Common Use--Refers to those interior and exterior rooms,
spaces, or elements that are made available for the use of a restricted group
of people (for example, occupants of a homeless shelter, the occupants of
an office building, or the guests of such occupants).
(10)
Crosswalk--That part of a roadway where motorists are
required to yield to pedestrians crossing, as defined by state and local regulations,
whether marked or unmarked.
(11)
Curb Line--A line that represents the extension of the
face of the curb and marks the transition between the sidewalk and the gutter
or roadway at a curb ramp or flush landing.
(12)
Designated Agent--An individual designated in writing
by the owner to act on the owner's behalf.
(13)
Detention and Correctional Facilities--Facilities where
occupants are under some degree of restraint or restriction for security reasons
including, but not limited to, state prisons, county jails, city jails, detention
centers, and substance abuse centers.
(14)
Element--An architectural or mechanical component of a
building, facility, space, or site, e.g., telephone, curb ramp, door, drinking
fountain, seating, or water closet.
(15)
Employee Work Area--All or any portion of a space designated
for employee use only and used only for work. Corridors, toilet rooms, kitchenettes
and break rooms are examples of areas that are not employee work areas.
(16)
Facility--All or any portion of buildings, structures,
site improvements, complexes, equipment, roads, walks, passageways, parking
lots, or other real property subject to the Act.
(17)
Issue--To mail, deliver, transmit, or otherwise release
plans or specifications to an owner, lessee, contractor, subcontractor, or
any other person acting for an owner or lessee for the purpose of construction,
applying for a building permit, or obtaining regulatory approval after such
plans have been sealed by an architect, interior designer, landscape architect,
or engineer. In the case of a state-funded or other public works project,
it is the time at which plans or specifications are publicly posted for bids,
after such plans or specifications have been sealed by an architect, interior
designer, landscape architect, or engineer.
(18)
Overall Responsibility--The level of responsibility held
by an architect, landscape architect, interior designer, or engineer who prepares
construction documents and coordinates the various aspects of the design of
a building or facility.
(19)
Owner--The person or persons, company, corporation, authority,
commission, board, governmental entity, institution, or any other entity that
holds title to the subject building or facility. For purposes under these
rules and the Act, an owner may designate an agent.
(20)
Pedestrian Access Route--An accessible route for pedestrian
use within the public right-of-way.
(21)
Pedestrian Elements--Components that make up a pedestrian
access route including, but not limited to walking surfaces, ramps, curb ramps,
crosswalks, pedestrian overpasses and underpasses, automated pedestrian signals,
elevators, and platform lifts.
(22)
Public Right-of-Way--The land or property provided for
public roadways, usually including the roadway itself and the areas between
the roadway and adjacent properties.
(23)
Registered Building or Facility--For the purposes of Texas
Government Code, §469.102, a registered building or facility is a construction
project that has been assigned a project registration number by the department.
(24)
Registered Accessibility Specialist--An individual who
is certified by the department to perform the review functions, inspection
functions, or both review and inspection functions of the department.
(25)
Religious Organization--An organization that qualifies
as a religious organization as provided in Texas Tax Code, Chapter 11, §11.20(c).
(26)
Renovation, Modification, or Alteration--Any construction
activity, including demolition, involving any part or all of a building or
facility. Cosmetic work and normal maintenance do not constitute a renovation,
modification, or alteration.
(27)
Rules--Title 16, Texas Administrative Code, Chapter 68,
the administrative rules of the Texas Department of Licensing and Regulation
promulgated pursuant to the Texas Elimination of Architectural Barriers Act.
(28)
Sidewalk--That portion of an exterior circulation path
that is improved for use by pedestrians and usually paved.
(29)
Space--A definable area, such as a room, toilet room,
hall, assembly area, entrance, storage room, alcove, courtyard, or lobby.
(30)
State Agency--A board, commission, department, office,
or other agency of state government.
(31)
TAS--The Texas Accessibility Standards which were adopted
by the Commission December 17, 1993 and became effective April 1, 1994.
(32)
Variance Application--The formal documentation filed with
the department, by which the owner petitions the department to rule on the
impracticality of applying one or more of the standards to a building or facility.
§68.20.Buildings and Facilities Subject to Compliance with the Texas Accessibility Standards.
(a)
A building or facility used by the public 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 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.
(c)
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)
an inn, hotel, motel, or other place 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;
(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.
(d)
Commercial facilities are subject to the Act if they are
intended for non-residential use and if their operations will affect commerce.
Such application shall not include railroad locomotives, railroad freight
cars, railroad cabooses, 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.
(e)
Buildings or facilities of a religious organization are
subject to the Act except for areas exempted under §68.30 of this title.
(f)
Buildings or facilities not subject to the Act may be registered,
reviewed, and/or inspected upon request and payment of the applicable fee(s).
§68.30.Exemptions.
The following buildings, facilities, spaces, or elements are exempt
from the provisions of the Act:
(1)
Federal Property
. Buildings
or facilities owned, operated, or leased by the federal government;
(2)
Construction Sites
. Structures
and sites directly associated with the actual processes of construction, including,
but not limited to, scaffolding, bridging, materials hoists, materials storage,
construction trailers, and portable toilet units provided for use exclusively
by construction personnel on a construction site;
(3)
Raised Areas
. Areas raised
primarily for purposes of security, life safety, or fire safety, including,
but not limited to, observation or lookout galleries, prison guard towers,
fire towers, or lifeguard stands;
(4)
Limited Access Spaces
.
Spaces accessed only by ladders, catwalks, crawl spaces, or very narrow passageways;
(5)
Machinery Spaces
. Spaces
accessed primarily by service personnel for maintenance, repair, or occasional
monitoring of equipment. Machinery spaces include, but are not limited to,
elevator pits, elevator penthouses, mechanical, electrical, or communications
equipment rooms, piping or equipment catwalks, water and sewage treatment
pump rooms and stations, petroleum and chemical processing and distribution
structures, electric substations and transformer vaults, environmental treatment
structures, and highway and tunnel utility facilities;
(6)
Single Occupant Structures
.
Single occupant structures accessed only by passageways below grade or elevated
above standard curb height, including but not limited to, toll booths that
are accessed only by underground tunnels;
(7)
Restricted Occupancy Spaces
.
Vertical access (elevators and platform lifts) is not required for the second
floor of two-story control buildings located within a chemical manufacturing
facility where the second floor is restricted to employees and does not contain
common areas or employment opportunities not otherwise available in accessible
locations within the same building;
(8)
Places Used Primarily for Religious
Rituals
. An area within a building or facility of a religious organization
used primarily for religious ritual as determined by the owner or occupant.
To facilitate the plan review, the owner or occupant shall include a clear
designation of such areas with the plans submitted for review. This exemption
does not apply to common areas. Examples of common areas include, but are
not limited to, the following: parking facilities, accessible routes, walkways,
hallways, toilet facilities, entrances, public telephones, drinking fountains,
and exits;
(9)
Specific Employee Work Areas
.
Employee work areas, or portions of employee work areas, that are less than
150 square feet (14 m
2
) in area and elevated
7 inches (178 mm) or more above the ground or finish floor where the elevation
is essential to the function of the spaces; and dumpster pads/enclosures that
are an extension of a larger employee work area.
(10)
Elements, Spaces, and Accessible
Routes at Fire Stations
. At fire stations, common use spaces and elements
accessed exclusively by fire-fighting personnel are only required to be adaptable.
Additionally, at multi-level fire stations, levels accessed exclusively by
fire-fighting personnel are not required to be served by an accessible route.
These exemptions do not apply to the public spaces and elements within these
facilities which must comply with all applicable technical requirements and
be served by an accessible route;
(11)
Van-Accessible Parking at Garages
Constructed Prior to April 1994
. Parking garages where construction
was started before April 1, 1994, and the existing vertical clearance of the
garage is less than 98", are exempted from requirements to have van-accessible
parking spaces located within the garage. If additional surface parking is
provided, the required van accessible parking spaces shall be located on a
surface lot in closest proximity to the accessible public entrance serving
the facility; and
(12)
Residential Facilities
.
Those portions of apartments, condominiums, townhomes, and single-family dwellings
occupied solely for residential use (i.e. limited to residents and their guests).
§68.31.Variance Procedures.
(a)
Requests to waive or modify a standard shall be submitted
on the Variance Application form prescribed by the department. A separate
variance application shall be submitted for each condition within a single
building or facility.
(b)
Variance applications shall be submitted by the owner or
designated agent of the subject building or facility, and shall be accompanied
by the applicable fee and any supporting documentation such as photos, cost
analyses, and code references.
(c)
A denial of a variance application may be appealed to the
Director of Compliance, or his designee, in writing within thirty (30) calendar
days from issuance, upon payment of the applicable appeal fee.
(d)
A denial of a variance appeal from the Director of Compliance
may be appealed to the Executive Director of the Texas Department of Licensing
and Regulation, or his designee, in writing within thirty (30) calendar days
of notification of the Director of Compliance's decision.
(e)
When a variance or appeal determination has been made,
the owner or designated agent shall be advised in writing of the determination.
§68.50.Submission of Construction Documents.
(a)
An architect, interior designer, landscape architect, or
engineer with overall responsibility for the design of a building or facility
subject to §469.101 of the Act, shall mail, ship, or hand-deliver the
construction documents to the department, a registered accessibility specialist,
or a contract provider not later than five (5) business days after the design
professional issues the construction documents.
(b)
In instances when there is not a design professional with
overall responsibility, the owner is responsible for ensuring construction
documents are submitted to the department, a registered accessibility specialist,
or a contract provider prior to filing an application for building permit
or commencement of construction.
(c)
An Elimination of Architectural Barriers Project Registration
form must be completed for each subject building or facility and submitted
along with the applicable fees not later than fourteen (14) calendar days
after the design professional or owner submits the construction documents.
(d)
In projects involving multiple phases, construction documents
pertaining to each phase shall be submitted in accordance with this chapter.
(e)
In projects involving "fast-track" construction, partial
submittals of construction documents may be made. Construction documents pertaining
to each portion of the work shall be submitted in accordance with these rules.
(f)
When bid packages involve multiple facilities such as prototypes
or other identical facilities, only one set of construction documents need
be submitted. An Elimination of Architectural Barriers Project Registration
form and applicable fees must be submitted for each separate building and
facility. Construction documents noting site adaptations are required for
each location.
§68.65.Advisory Committee.
(a)
The Elimination of Architectural Barriers Advisory Committee
shall review rules and Technical Memoranda relating to the Elimination of
Architectural Barriers program and recommend changes in the rules and Technical
Memoranda to the Commission.
(b)
Recommendations of the committee will be transmitted to
the Commission by the Executive Director through the Director of the Compliance
Division.
(c)
Committee meetings are called by the committee chair or
the Commission.
(d)
Expenses reimbursed to committee members shall be limited
to authorized expenses incurred while on committee business and traveling
to and from committee meetings. The least expensive method of travel should
be used.
(e)
Expenses paid to committee members shall be limited to
those allowed by the State of Texas Travel Allowance Guide and the Texas Department
of Licensing and Regulation policies governing travel allowances for employees.
(f)
The committee shall be composed of building professionals
and persons with disabilities who are familiar with architectural barriers
problems and solutions. The committee shall be composed of at least nine members.
Persons with disabilities must make up a majority of the membership. Committee
members will serve staggered three-year terms.
§68.80.Fees.
(a)
Plan review and inspection fees collected by the department
shall be determined by the estimated cost of construction for the project,
not including site acquisition, furnishings, or equipment that is not part
of the building mechanical systems. Fees will be assessed according to the
fee schedule (see §68.80(b)). In instances involving multiple facilities
with identical drawings, but site adapted, and designed by the same individual
or firm and bid as one package, the plan review fee shall be based on the
total construction cost. However, separate inspection fees shall be required.
The plan review fee and project filing fee must accompany the registration
form and be submitted with the construction documents. The inspection fee
must be paid and the department notified of a point of contact within thirty
(30) calendar days of completion of construction.
(b)
Fee Schedule:
(c)
When the estimated construction cost is less than $50,000,
and the project is registered with the department for review, inspection,
or for review and inspection, the following shall apply:
(1)
the project filing fee and a $200 plan review fee shall
be paid for registration and review only;
(2)
the project filing fee, a $200 plan review fee, and $200
inspection fee shall be paid for registration, review, and inspection; or
(3)
the project filing fee and a $200 inspection fee shall
be paid for registration and inspection only.
(d)
All fees must be paid prior to service being performed.
All fees are non-refundable.
(e)
When a project is registered with the department after
completion of construction, the Late Project Filing Fee and other applicable
fees shall apply.
(f)
Late renewal fees for registrations issued under this chapter
are provided under §60.83 of this title (relating to Late Renewal Fees).
§68.90.Administrative Sanctions or Penalties.
(a)
If a person violates any provision of Texas Government
Code, Chapter 469, any provision of Title 16, Texas Administrative Code, Chapter
68, any provision of the Texas Accessibility Standards (TAS), or an order
of the Executive Director or Commission, proceedings may be instituted to
impose administrative sanctions, administrative penalties, or both administrative
penalties and sanctions in accordance with the provisions of Texas Government
Code, Chapter 469; Title 2, Texas Occupations Code, Chapter 51; and Title
16, Texas Administrative Code, Chapter 60 of this title (relating to the Texas
Commission of Licensing and Regulation).
(b)
It is a violation of the Act for a person to perform a
plan review or inspection function of the department, unless that person is
a department employee, a registered accessibility specialist with the appropriate
endorsement, or a contract provider. A person who does not hold one of these
designations and performs a plan review or inspection function of the department
is subject to administrative penalties in accordance with the Act or Title
2, Texas Occupations Code, Chapter 51 and Title 16, Texas Administrative Code,
Chapter 60.
(c)
Cheating on an examination is grounds for denial, suspension,
or revocation of a license, imposition of an administrative penalty, or both.
§68.101.State Leases.
(a)
State leased buildings or facilities with an annual lease
expense in excess of $12,000 shall be registered with the department by completing
a State Lease Registration form and submitting it along with the applicable
fee(s). This requirement applies to both initial lease agreements and lease
renewals. For state leased buildings or facilities that are being newly constructed
or substantially renovated, an Elimination of Architectural Barriers Project
Registration form shall also be completed.
(b)
The agency shall, prior to advertisement for bid, submit
to the department for a determination a completed Lease Evaluation Form obtained
from the department. If a Lease Evaluation Form is not submitted, compliance
with all applicable standards shall be required. State leases may be exempted
from compliance if it is determined by the department that the space will
not be used by the public and that the occasion for employment for persons
with disabilities is improbable because of the essential job functions.
(c)
Buildings or facilities that are leased or occupied in
whole or in part for use by the state, shall meet the following requirements
of TAS:
(1)
New construction shall comply with TAS 4.1.2 and 4.1.3.
(2)
Additions shall comply with TAS 4.1.5.
(3)
Alterations shall comply with TAS 4.1.6.
(4)
Historic buildings or facilities shall comply with TAS
4.1.7.
(5)
Existing buildings and facilities are ones that have not
been constructed, renovated, modified or altered since April 1, 1994. In an
existing building or facility, where alterations are not planned or the planned
alterations will not affect an area containing a primary function, the following
minimum requirements shall apply:
(A)
If parking is required as part of the lease agreement or
is provided to serve the leased area, accessible parking spaces shall comply
with TAS 4.6.
(B)
An accessible route from the parking area(s) shall comply
with TAS 4.3.
(C)
At least one entrance serving the leased space shall comply
with TAS 4.14.
(D)
If toilet rooms or bathrooms are required by the lease
agreement or are provided to serve the leased area, at least one set of men's
and women's toilet rooms or bathrooms or at least one unisex toilet room or
bathroom serving the leased area shall comply with TAS 4.22 or 4.23.
(E)
Signage at toilet rooms or bathrooms shall comply with
TAS 4.30. Toilet rooms or bathrooms serving the leased area which are not
accessible shall be provided with signage complying with TAS 4.30.1, 4.30.2,
4.30.3, 4.30.5 and 4.30.7, indicating the location of the nearest accessible
toilet room or bathroom within the facility.
(F)
If drinking fountains are required by the lease agreement,
or are provided to serve the leased area, at least one fountain shall comply
with TAS 4.15. If more than one drinking fountain is provided, at least 50%
shall comply with TAS 4.15.
(G)
If public telephones are required by the lease agreement,
or are provided to serve the leased area, at least one public telephone shall
comply with TAS 4.31.
(H)
If an element or space of a lease is not specified in this
subsection but is present in a state leasehold, that element or space shall
comply with TAS 4.1.6.
§68.102.Public Right-of-Way Projects.
(a)
For purposes of §68.80, the estimated cost of construction
for the project shall be based on the pedestrian elements only. The construction
documents submitted for review would be those pertaining to the pedestrian
elements.
(b)
Application of TAS shall be limited to those pedestrian
elements being constructed, renovated, modified, or altered as part of the
project scope. The pedestrian elements shall comply with applicable TAS 4.1
through 4.35 except as modified by this section.
(1)
Sidewalks--At sidewalks constructed within the public right-of-way,
handrails are not required; however, if provided they must comply with TAS
4.8.5. Where the adjacent roadway has running slopes of 5% or greater, the
pedestrian access route shall not exceed the grade established for the adjacent
roadway. EXCEPTION: The running slope of a pedestrian access route is permitted
to be steeper than the grade of the adjacent roadway provided that the pedestrian
access route complies with TAS 4.8.
(2)
Curb Ramps--At curb ramps constructed within the public
right-of-way, handrails are not required; however, if provided they must comply
with TAS 4.8.5. For purposes of this section, non-signalized driveways are
not considered to be hazardous vehicular areas.
(A)
At perpendicular curb ramps constructed within the public
right of way, detectable warnings complying with TAS 4.29 at a minimum of
24" in depth (in the direction of pedestrian travel) and extending the full
width of the curb ramp, or textures complying with TAS 4.7.4, shall be provided.
(B)
At parallel curb ramps constructed within the public right-of-way,
detectable warnings complying with TAS 4.29 at a minimum of 24" in depth (in
the direction of pedestrian travel) and extending the full width of the landing
where the pedestrian access route enters crosswalks or other hazardous vehicular
areas, or textures complying with TAS 4.7.4, shall be provided.
(C)
At diagonal curb ramps constructed within the public right-of-way,
detectable warnings complying with TAS 4.29 as a minimum 24" in depth (in
the direction of pedestrian travel) and extending the full width of the curb
ramp or landing, or textures complying with TAS 4.7.4, shall be provided.
Additionally, the department will allow the detectable warning to be curved
with the radius of the corner. The detectable warning shall be located so
that the edge nearest the curb line is 6" minimum and 8" maximum from the
curb line.
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 January 12, 2005.
TRD-200500168
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Effective date: February 1, 2005
Proposal publication date: September 3, 2004
For further information, please call: (512) 463-7348
The Texas Department of Licensing and Regulation ("Department") adopts
amendments to §72.80 and §72.81 and the repeal of §72.82, regarding
the staff leasing services program, as published in the September 24, 2004,
issue of the
Texas Register
(29 TexReg 9157)
without changes and will not be republished.
The amendments to §72.80 lowers the application/administrative fee,
the renewal application/administrative fee, and the limited license application/administrative
fee from $300 to $150, removes unnecessary language, and changes the name
of the fee to application fee. The amendments to §72.81 lowers the license
and renewal fee for 0 - 249 employees from $1,000 to $250; for 250 - 750 employees
from $1,500 to $500; and for more than 750 employees from $2,000 to $750.
The repeal of §72.82 eliminates the non-refundable fee for a background
check. This fee is unnecessary because the cost of conducting background checks
will be covered by other fees in Chapter 72. Elimination of this fee is necessary
for the Department to comply with its responsibility under Texas Occupations
Code, §51.202. Texas Occupations Code, §51.202 requires the Department
to set fees in amounts reasonable and necessary to cover the costs of administering
programs under its jurisdiction. The Department conducted its annual fee review
pursuant to §51.202 and recommended to the Texas Commission of Licensing
and Regulation ("Commission") that the referenced fees be reduced as indicated.
The revenue generated by current fees exceeds the amount required by the Department
to cover costs of administering the staff leasing services program. On August
9, 2004, the Commission directed the Department to initiate the recommended
fee reductions.
The Department drafted and distributed the proposed rules to persons internal
and external to the agency. Two comments were received in support of the amendment.
One commenter stated support of the proposed rules. Another commenter applauded
the Department for taking steps to reduce the application and licensing fees
for staff leasing services as well as eliminating the fee for criminal background
checks and believes that the fees are reasonable and accurately reflect the
Department's costs to perform important administrative functions, however,
they implied there was an inconsistency in the limited license fee requirements.
The commenter stated that while the application fee for a limited license
is reduced from $300 to $150, the license and renewal fee for a limited license
remains at $750 and requested that the Department reduce the license and renewal
fee for a limited license to a level commensurate with reasonable and necessary
costs of administering this license. The commenter noted that entities seeking
a limited license in Texas have only a limited number of worksite employees
in the State and therefore do not pose the same administrative burden as fully
licensed entities. The commenter feels that reducing the limited license and
renewal fee provides equal treatment for those entities and is consistent
with the intent of the statute. The Department agrees that the limited staff
leasing services licensing fee may need to be reduced and will study the impact
of a fee reduction to determine whether it is needed, and at what level the
fee should be set.
16 TAC §72.80, §72.81
The amendments are adopted under Texas Labor Code, Chapter
91 and Texas Occupations Code, Chapter 51, §§51.201, 51.202, and
51.203 which authorizes the Department to adopt rules as necessary to implement
this chapter and any other law establishing a program regulated by the Department
and which requires the Commission to set fees in amounts reasonable and necessary
to cover the costs of administering Department programs.
The statutory provisions affected by the adoption are those set forth in
Texas Labor Code, Chapter 91 and Texas Occupations Code, Chapter 51. No other
statutes, articles, or codes are affected by the adoption.
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 January 12, 2005.
TRD-200500166
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Effective date: February 1, 2005
Proposal publication date: September 24, 2004
For further information, please call: (512) 463-7348
16 TAC §72.82
The repeal is adopted under Texas Labor Code, Chapter 91 and
Texas Occupations Code, Chapter 51, §§51.201, 51.202, and 51.203
which authorizes the Department to adopt rules as necessary to implement this
chapter and any other law establishing a program regulated by the Department
and which requires the Commission to set fees in amounts reasonable and necessary
to cover the costs of administering Department programs.
The statutory provisions affected by the repeal are those set forth in
Texas Labor Code, Chapter 91 and Texas Occupations Code, Chapter 51. No other
statutes, articles, or codes are affected by the repeal.
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 January 12, 2005.
TRD-200500167
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Effective date: February 1, 2005
Proposal publication date: September 24, 2004
For further information, please call: (512) 463-7348
The Texas Department of Licensing and Regulation ("Department") adopts
the repeal of 16 Texas Administrative Code §76.1011 and new §76.1011,
concerning entering into a Memorandum of Understanding (MOU) with the Texas
Commission of Environmental Quality (TCEQ) and Groundwater Conservation Districts
(GCDs) to coordinate efforts related to investigative procedures for referrals
of complaints regarding abandoned and/or deteriorated wells, as published
in the October 29, 2004 issue of the
Texas Register
(29 TexReg 9963) without changes, and will not be republished.
The repealed and new rule address statutory changes made by Senate Bill
279, 78th Legislature, which added §1901.257 to the Texas Occupations
Code. Section 1901.257(b) requires TCEQ and the Department to "by rule adopt
a joint memorandum of understanding to coordinate the efforts of the department,
groundwater conservation districts, and the field office of the TCEQ relating
to investigative procedures for referrals of complaints regarding abandoned
and deteriorated wells." The rule adoption contains the text of the Memorandum
of Understanding (MOU) to comply with the statutory requirement. The rule
also provides a mechanism to comply with the requirement that each GCD in
which an abandoned and/or deteriorated well is located join the MOU adopted
by the Department and TCEQ, and that GCDs may enforce compliance with statutes
relating to the plugging of abandoned and/or deteriorated water wells within
their boundaries.
The Department drafted and distributed the proposed repeal and new rule
to persons internal and external to the agency. No comments were received.
Chapter 68.
ELIMINATION OF ARCHITECTURAL BARRIERS
Chapter 72.
STAFF LEASING SERVICES
Chapter 76.
WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS