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 of Article 

678g. Vernon's Civil 

Statutes, relating to 

standards and specifications of public buildings and facilities used 

by the public. 

Your request for an opinion on the above subject matter 

reads in part as follows: 

"It is requested that you render an Opinion 

in regard to Article 678g, Chapter 24, Vernon's 

Civil Statutes. 

"1 . Responsibility for Enforcement. 

"Does the State Building Commission under 

Section 20 have the authority to require compliance with the Statute in all Public Buildings, 

and in particular State-owned buildings, including the installation of an elevator. 

“2 * Application of Act. 

"Does the State Building Commission under 

Section 2 have 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 or modification. 

-3299- 
, n 

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

Sections 1, 2, 3, 15 and 20 of Article 6789, Vernon's 

Civil Statutes, provide as follows: 

"Section 1. The provisions of this Act are 

enacted to further the policy of the State of 

Texas to encourage and promote the rehabilitation 

of handicapped or disabled citizens. It is the 

intent of this Act to eliminate, insofar as possible, 

unnecessary barriers encountered by aged, handicapped or disabled persons, whose ability to 

engage in gainful occupations or to achieve maximum personal independence is needlessly restricted 

when such persons cannot readily use public buildings. 

"Sec. 2. (a) The standards and specifications 

set forth in this Act shall apply to all buildings 

and facilities used by the public which are constructed in whole or in part by the use of state, 

county, or municipal funds, or the funds of any 

political subdivision of the state. To such extent 

as is not contraindicated by federal law or beyond the state's power of regulation, these standards 

shall also apply to buildings 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 

this Act 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 any particular standard or specification is impracticable. Where it is determined 

that full compliance with any particular standard 

or specification is impractical, the reasons for 

such determination shall be set forth in written 

form by those making the determination and forwarded 

-3300- 
. I 

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

to the State Building Commission. If it is determined 

that full compliance is not practicable, there shall 

be substantial compliance with the standard or 

specification to the maximum extent practical, 

and the written record of the determination that 

it is impractical to comply fully with a particular 

standard or specification shall also set forth 

the extent to which 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. 

This Act shall apply to temporary or emergency 

construction as well as permanent 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 to make all buildings and 

facilities covered by this Act accessible to, and 

functional for, the physically 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 be provided 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 the benefit of the blind. Elevators shall allow for traffic by wheelchairs. 

-3301- 
. I 

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

"*Sec. 20. (a) The responsibility for administration and enforcement of this Act 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 

this Act. State agencies involved in extending 

direct services to disabled or handicapped persons 

are authorized to enter into interagency contracts 

with the State Building Commission to provide such 

additional fundings as might be required to insure 

that service objectives and responsibilities of 

such agencies are achieved through the administration of this Act. In enforcing this Act 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 and prosecute proceedings in the District 

Court to compel such compliance, and shall not be 

required to pay any entry or filing fee in connection 

with the institution of such proceeding. 

"'(c) The State Building Commission is authorized 

to promulgate such rules and regulations as might 

reasonably be required to implement and enforce 

this Act. The State Suilding Commission, after 

consultation with state rehabilitation agencies, 

is also authorized to waive any of the standards 

-3302- 
Hon. H. R. Nieman, page ,5 (M-686) 

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 as might be adopted 

by the American 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 of higher education are 

responsible for enforcement of this Act on all 

properties under their jurisdiction. In all other 

instances, the responsibility for enforcement 

of this Act shall be in the State Building 

Commission." 

In view of the foregoing express provisions of Article 

678g your questions are answered in the affirmative. You are 

accordingly advised that the State Building Commission has 

authority to require 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 the meaning of 

Article 678g. 

SUMMARY 

The provisions of Article 678g, Vernon's 

Civil Statutes, relating to standards and 

specifications of public buildings and 

facilities,are applicable to the State-owned 

Old Land Office (Museum) Building. 

General of Texas 

Prepared by John Reeves 

Assistant Attorney General 

-3303- 
Hon. H. R. Nieman, page 6 

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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