[Federal Register Volume 61, Number 103 (Tuesday, May 28, 1996)]
[Notices]
[Pages 26545-26546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13292]



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DEPARTMENT OF JUSTICE
Office of the Assistant Attorney General for Civil Rights


Certification of the State of Texas Accessibility Standards Under 
the Americans With Disabilities Act

AGENCY: Department of Justice.

ACTION: Notice of preliminary determination of equivalency and 
certification hearings.

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SUMMARY: The Department of Justice (Department) has determined that the 
State of Texas Accessibility Standards

[[Page 26546]]

(Texas Standards) meet or exceed the new construction and alterations 
requirements of title III of the Americans with Disabilities Act of 
1990 (ADA). The Department proposes to issue a final certification, 
pursuant to 42 U.S.C. 12188(b)(1)(A)(ii) and 28 C.F.R. Sec. 36.601 et 
seq., which would constitute rebuttable evidence, in any enforcement 
proceeding, that a building constructed or altered in accordance with 
the Texas Standards meets or exceeds the requirements of the ADA. The 
Department will hold informal hearings on the proposed certification in 
Washington, D.C. and Austin, Texas.

DATES: To be assured of consideration, comments must be in writing and 
must be received on or before July 29, 1996. The hearing in Austin, 
Texas is scheduled for Tuesday, June 25, 1996 at 1:00 pm, Central Time. 
The hearing in Washington, D.C. is scheduled for Thursday, August 1, 
1996 at 9:30 am, Eastern Time.

ADDRESSES: Comments on the preliminary determination of equivalency and 
on the proposal to issue final certification of equivalency of the 
Texas Standards should be sent to: John L. Wodatch, Chief, Disability 
Rights Section, Civil Rights Division, U.S. Department of Justice, P.O. 
Box 66738, Washington, D.C. 20035-6738.
    The hearings will be held at:

Austin, Texas: State of Texas, Capitol Building Extension, Room E2.012, 
Austin, Texas
Washington, D.C.: U.S. Department of Justice, Civil Rights Division, 
Disability Rights Section, 1425 New York Avenue, N.W., Suite 4039, 
Washington, D.C.

FOR FURTHER INFORMATION CONTACT:
John L. Wodatch, Chief, Disability Rights Section, Civil Rights 
Division, U.S. Department of Justice, P.O. Box 66738, Washington, D.C. 
20035-6738. Telephone number (800) 514-0301 (Voice) or (800) 514-0383 
(TDD).
    Copies of this notice are available in formats accessible to 
individuals with vision impairments and may be obtained by calling 
(800) 514-0301 (Voice) or (800) 514-0383 (TDD). Copies of the Texas 
Standards and supporting materials may be inspected by appointment at 
1425 New York Avenue, N.W., Suite 4039, Washington, D.C. by calling 
Tito Mercado at (202) 307-0663 (Voice/TDD). This is not a toll-free 
number.

SUPPLEMENTARY INFORMATION:

Background

    The ADA authorizes the Department of Justice, upon application by a 
State or local government, to certify that a State or local law that 
establishes accessibility requirements meets or exceeds the minimum 
requirements of title III of the ADA for new construction and 
alterations. 42 U.S.C. 12188(b)(1)(A)(ii); 28 CFR 36.601 et seq. Final 
certification constitutes rebuttable evidence, in any ADA enforcement 
action, that a building constructed or altered in accordance with the 
certified code complies with the new construction and alterations 
requirements of title III of the ADA.
    By letter dated November 17, 1994, the Texas Department of 
Licensing and Regulation requested that the Department of Justice 
(Department) certify that the State of Texas Accessibility Standards, 
effective April 1, 1994, as adopted pursuant to Texas Civil Statutes, 
Article 9102, as amended effective September 1, 1993, and the 
Architectural Barriers Administrative Rules, Chapter 68, as amended 
effective June 1, 1994 (Texas Standards), meet or exceed the new 
construction and alterations requirements of title III of the ADA.
    The Department has analyzed the Texas Standards, and has 
preliminarily determined that they meet or exceed the new construction 
and alterations requirements of title III of the ADA. By letter dated 
May 10, 1996, the Department notified the Texas Department of Licensing 
and Regulation of its preliminary determination of equivalency.

Effect of Certification

    The certification determination will be limited to the version of 
the Texas Standards that has been submitted to the Department. The 
certification will not apply to amendments or interpretations that have 
not been submitted and reviewed by the Department.
    Certification will not apply to buildings constructed by or for 
State or local government entities, which are subject to title II of 
the ADA. Nor does certification apply to accessibility requirements 
that are addressed by the Texas Standards that are not addressed by the 
ADA Standards for Accessible Design, such as the provisions for 
children's facilities in the Texas Standards.
    Finally, certification does not apply to variances or waivers 
granted under the Texas Standards by the Commissioner of Licensing and 
Regulation. Therefore, if a builder receives a variance, waiver, 
modification, or other exemption from the requirements of the Texas 
Standards for any element of construction or alterations, the 
certification determination will not constitute evidence of ADA 
compliance with respect to that element.

Procedure

    The Department will hold informal hearings in Washington, DC and 
Austin, Texas to provide an opportunity for interested persons, 
including individuals with disabilities, to express their views with 
respect to the preliminary determination of equivalency of the Texas 
Standards. Interested parties who wish to testify at a hearing should 
contact Tito Mercado at (202) 307-0663 (Voice/TDD). This is not a toll-
free number.
    The hearing sites will be accessible to individuals with 
disabilities. Individuals who require sign language interpreters or 
other auxiliary aids should contact Tito Mercado at (202) 307-0663 
(Voice/TDD). This is not a toll-free number.

    Dated: May 21, 1996.
Deval L. Patrick,
Assistant Attorney General for Civil Rights.
[FR Doc. 96-13292 Filed 5-24-96; 8:45 am]
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