ArraTrN.TEXAS 78711
September 9, 1970

Honorable H. R.Nieman, Jr. Director State Building Commission P. 0. Box 12172 Austin, Texas 78711

Dear Admiral Nieman: Opinion No.M-686
Re: Construction ofArticle 678g.Vernon's Civil Statutes, relating to standards and specifications ofpublic buildings and facilities used by thepublic.

Your request for an opinion on the above subject matter reads inpart as follows:

"Itis requested that you render an Opinion in regard toArticle 678g, Chapter 24,Vernon's Civil Statutes. "1
. Responsibility for Enforcement.
"Does the State Building Commission under Section 20have the authority to require compliance with the Statute in all Public Buildings, and inparticular State-owned buildings, including the installation of an elevator. “2* Application ofAct.
"Does the State Building Commission under Section 2have 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 substantial renovation ormodification.

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Hon. H. R.Nieman, page 2 (M-686)

Sections 1, 2, 3, 15and 20 ofArticle 6789,Vernon's Civil Statutes, provide as follows:

"Section 1. The provisions of thisAct are enacted to further thepolicy of the State of Texas to encourage andpromote the rehabilitation ofhandicapped or disabled citizens. It is the intent of thisAct to eliminate, insofar aspossible, unnecessary barriers encountered by aged, handicapped or disabled persons, whose ability to engage ingainful occupations or to achieve maximum personal independence isneedlessly restricted when suchpersons cannot readily usepublic buildings."Sec. 2. (a)The standards and specifications set forth in this Act shall apply to allbuildings and facilities used by thepublic which are constructed inwhole or inpart by the use of state, county, or municipal funds, or the funds of any political subdivision of the state. To such extent as isnot contraindicated by federal law or beyond the state's power of regulation, these standards shall also apply tobuildings and facilities constructed 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 thisAct from any one of these funds or any combination 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 anyparticular standard or specification is impracticable. Where it isdetermined that full compliance with any particular standard or specification is impractical, the reasons for such determination shall be set forth inwritten form by those making the determination and forwarded

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Hon. H. R.Nieman, page 3 (M-686)

to the State Building Commission. If it isdetermined that full compliance isnot practicable, there shall be substantial compliance with the standard or specification to themaximum extent practical, and thewritten record of the determination that it is impractical to comply fully with aparticular standard or specification shall also set forth the extent towhich an attempt will be made to comply substantially with the standard or specification. "(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. ThisAct shall apply to temporary or emergency construction aswell aspermanent buildings.
"Sec. 3. (a)This Act is concerned with nonambulatory disabilities, semiambulatory disabilities, sight disabilities, hearing disabilities, disabilities of coordination and aging. "(b) It is intended tomake all buildings and facilities covered by thisAct accessible to, and functional for, thephysically 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 beprovided 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 identifying features for thebenefit of the blind. Elevators shall allow for traffic by wheelchairs.

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Hon. H. R.Nieman, page 4 (M-686)

"*Sec.20. (a)The responsibility for administration and enforcement of thisAct shall reside primarily in the State Building Commission, but the State Building Commission shall have the assistance of appropriate state rehabilitation agencies in carrying out its responsibilities under thisAct. State agencies involved in extending direct services to disabled orhandicapped persons are authorized to enter into interagency contracts with the State Building Commission toprovide such additional fundings asmight be required to insure that service objectives and responsibilities of such agencies are achieved through the administration of thisAct. In enforcing thisAct 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 organizations 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 institute andprosecute proceedings in the District Court to compel such compliance, and shall not be required topay any entry or filing fee in connection with the institution of suchproceeding. "'(c) The State Building Commission isauthorized topromulgate such rules and regulations asmight reasonably be required to implement and enforce thisAct. The State Suilding Commission, after consultation with state rehabilitation agencies, isalso authorized towaive any of the standards

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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 asmight be adopted by theAmerican Standards Association, Inc. (or its federally-recognized successor in function) subsequent to the effective date of this Act. "(d)The respective governing boards of statesupported institutions ofhigher education are responsible for enforcement of thisAct on all properties under their jurisdiction. Inall other instances, the responsibility for enforcement of thisAct shall be in the State Building Commission."
Inview of the foregoing express provisions ofArticle 678g your questions are answered in the affirmative. You are accordingly advised that the State Building Commission has authority torequire compliance with Article 67851,including the installation of an elevator and to declare that the installation of an elevator, access, ramp and adjacent parking area in the State-owned Old Land Office (Museum)Building constitute substantial renovation or modification within themeaning of Article 678g.
SUMMARY

The provisions ofArticle 678g, Vernon's Civil Statutes, relating to standards and specifications ofpublic buildings and facilities,are applicable to the State-owned Old Land Office (Museum)Building.

General of Texas Prepared by John Reeves Assistant Attorney General
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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 . c

(M-686)

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