[Federal Register Volume 61, Number 193 (Thursday, October 3, 1996)]
[Notices]
[Page 51719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25332]



[[Page 51719]]

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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 certification.

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SUMMARY: The Department of Justice has certified that the State of 
Texas Accessibility Standards meet or exceed the new construction and 
alterations requirements of title III of the Americans with 
Disabilities Act (ADA).

DATES: October 3, 1996.

ADDRESSES: Inquiries may be addressed 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.

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.
    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).

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. Sec. 12188(b)(1)(A)(ii); 28 CFR Sec. 36.601 et 
seq. 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 analyzed the Texas Standards, and made a preliminary 
determination 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.
    On May 28, 1996, the Department published notices in the Federal 
Register announcing its preliminary determination of equivalency and 
requesting public comments thereon. The period for submission of 
written comments ended on July 29, 1996. In addition, the Department 
held public hearings in Austin, Texas on June 25, 1996, and in 
Washington, DC on August 1, 1996.
    Fourteen persons submitted comments. Commenters included 
disability-rights advocates, design professionals, and interested 
individuals, including individuals with disabilities. The Department 
has analyzed the testimony submitted at the hearings and has consulted 
with the U.S. Architectural and Transportation Barriers Compliance 
Board.
    The vast majority of the comments supported certification of the 
Texas Standards. Two individuals testified in opposition to 
certification of the Texas Standards because they objected to the 
coverage of churches under the Texas Standards. However, because 
coverage of churches is neither required nor prohibited by the ADA, 
such coverage does not preclude certification. One other commenter 
complained that Texas accessibility requirements were too vigorously 
enforced against public schools. Because certification does not apply 
to title II facilities, such as public schools, and does not address 
enforcement efforts, this comment also does not affect certification.
    Based on these comments, the Department has determined that the 
Texas Standards are equivalent to the new construction and alterations 
requirements of title III of the ADA. Therefore, the Department has 
informed the submitting official of its decision to certify the Texas 
Standards.

Effect of Certification

    The certification determination is 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.

    Dated: September 26, 1996.
Deval L. Patrick,
Assistant Attorney General for Civil Rights.
[FR Doc. 96-25332 Filed 10-2-96; 8:45 am]
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