Bill

HB 1120

85(R) - 2017
House Licensing & Administrative Procedures
House Licensing & Administrative Procedures
Disabilities
Licensing & Administrative Procedures

Vote Recommendation

No
  • Neutral
  • Neutral
  • Neutral
  • Negative
  • Neutral

Author(s)

Drew Springer

Bill Caption

Relating to the authority of a political subdivision to issue a building construction permit or final certificate of occupancy for a building or facility required to meet certain accessibility standards; requiring a related study.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

This bill would prohibit a public official or a political subdivision from accepting an application for a building construction permit for a building or facility required to meet federal accessibility standards unless the applicant verifies that the building or facility has been registered with the Texas Department of Licensing and Regulation and the plans and specifications have been submitted to the department. The purpose of this bill is to ensure that building codes are compliant with state and federal regulations, especially in regard to the Americans with Disabilities Act, at an early enough stage for builders to make the building compliant without having extravagant sunk costs, or having to redo portions of the structure.

This bill would also require the Texas Department of Licensing and Regulation to conduct a study on the consequences of making the changes in this bill. 

Vote Recommendation Notes

This bill would add further state regulation to an already heavily regulated industry. To the extent that there is a problem with buildings that require Federal ADA compliance being permitted and constructed without meeting standards, those are issues for the builder and the local permitting agency. It is not necessary for the state to issue this new mandate. Builders and architects have an incentive to know the appropriate building standards and ensure that they are in compliance - and they have an economic incentive for getting it right. Local governments also have a responsibility to know the requirements and only issue permits for projects that meet required standards. There is no need for state intervention in this area. For these reasons we oppose HB 1120.

Organizations Opposed

City of Corpus Christi
City of El Paso
City of Fort Worth
Texas Conference of Urban Counties