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Building and Physical Accessibility

Building and physical accessibility is not only important for people with disabilities. Accessibility also creates opportunities for use by other individuals that may temporarily need them. This page contains information state laws and standards of accessibility. Information on this page should not be used as legal advice.

On This Page:

Elimination of Architectural Barriers

Texas Government Code: Chapter 469

  • Gives the Department of Licensing and Regulation the rule-making authority to adopt standards, specifications, and other rules that are consistent with federal law. These standards must be published in a readily accessible form for use by interested parties.
  • Authorizes the Department of Licensing and Regulation to monitor complaints about a building or facility that is not in compliance and issue an administrative penalty.
  • Ensures that each building and facility is accessible to and functional for persons with disabilities without causing the loss of function, space, or facilities.
  • Relates to non-ambulatory and semi-ambulatory disabilities, sight disabilities, hearing disabilities, disabilities of coordination, and aging.
  • Furthers the policy of the state to encourage and promote the rehabilitation of person with disabilities and to eliminate, to the extent possible, unnecessary barriers encountered by persons with disabilities to engage in gainful occupations or to achieve maximum personal independence.
  • Specifies that the standards must include accessibility parking using the international symbol of access painted on accessible parking spaces along with a sign identifying an accessible parking space and a statement regarding the potential consequences of illegal use.
  • Requires submission and approval of building plans and site inspections of:
    • Government funded buildings used by the public that is constructed, renovated, or modified renovated after January 1, 1970;
    • State leased buildings after January 1, 1972;
    • Privately funded public accommodations built or renovated after January 1, 1992 (including buildings such as hotels/motels, restaurants, theaters, auditoriums, shopping centers, sales/rental establishments, transportation terminals, museums, parks, schools, day-care centers, and gyms); and
    • Privately funded commercial facilities built or renovated after September 1, 1993.
    • Does not apply to buildings owned, leased, or operated by the federal government. Such buildings are subject to the federal Architectural Barriers Act of 1968, which requires federal buildings to be accessible.
    • Does not apply to places primarily used for religious rituals within a building or facility of a religious organization. The other parts of the building must still maintain compliance.
  • Requires architects, interior designers, landscape architects, or engineers to submit plans for new construction or substantial renovation totaling $50,000 or more to the Texas Department of Licensing and Regulation (TDLR) not later than the 20th day after the professional issues the plans.
  • Provides that a local governmental entity cannot issue a building construction permit without proof that the building owner has filed a plan with TDLR.

Architectural Barriers Regulations

Texas Administrative Code, Chapter 68

  • Establishes regulations through the rule-making process for architectural barriers including:
    • Registration requirements and exemptions.
    • Owner responsibilities.
    • Construction documents, inspections, and compliance.
    • Registered Accessibility Specialists.
    • Fees and enforcement.

Texas Accessibility Standards

Buildings and facilities in Texas are subject to compliance with the Texas Accessibility Standards (TAS). These standards were written to be consistent with the Americans with Disabilities Act (ADA) requirements for accessibility contained in the federal 2010 Standards for Accessible Design. The ADA acknowledges the importance of eliminating structural and architectural barriers so that buildings and facilities are readily accessible to and usable by people with disabilities. The 2010 Standards for Accessible Design, enforced by the Department of Justice (DOJ), establish minimum requirements for the design and construction of buildings and facilities. In order to facilitate compliance with these standards, the ADA authorizes the DOJ to certify that state accessibility standards meet or exceed the requirements of the ADA. In Texas, the Texas Accessibility Standards (TAS) has received equivalency certification from the DOJ. The equivalency certification does not eliminate an individual’s right to seek relief through the federal courts for noncompliance with ADA accessibility standards. However, compliance with the TAS may be offered as rebuttable evidence of compliance with the federal standards.

Contact

Texas Department of Licensing and Regulation
Elimination of Architectural Barriers
(512) 463-6599
General Inquiries and Complaints (choose Architectural Barriers)
Technical Assistance: techinfo@tdlr.texas.gov

Resources

Americans with Disabilities Act Standards for Accessible Design
U.S. Department of Justice
(800) 514-0301

Architectural Barriers Act of 1968
U.S. Access Board
202-272-0080, extension 3
ta@access-board.gov