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RULE §68.20Buildings and Facilities Subject to Compliance with the Texas Accessibility Standards

(a) A building or facility used by the public is subject to compliance with the Texas Accessibility Standards (hereinafter "TAS") if it is constructed, renovated, or modified, in whole or in part, on or after January 1, 1970, using funds from the state or a county, municipality, or other political subdivision of the state.

(b) A building or facility leased for use or occupied, in whole or in part, by the state under a lease or rental agreement entered into on or after January 1, 1972, is subject to the TAS except as modified under §68.101.

(c) The following private buildings and facilities constructed, renovated, or modified on or after January 1, 1992 and defined as a "public accommodation" by Section 301, Americans with Disabilities Act of 1990 (42 U.S.C. Section 12181), and its subsequent amendments, are subject to the TAS:

  (1) an inn, hotel, motel, or other place of lodging except for an establishment located within a building that contains not more than five rooms for rent or hire and that is actually occupied by the proprietor of such establishment as the residence of such proprietor;

  (2) a restaurant, bar, or other establishment serving food or drinks;

  (3) a motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment;

  (4) an auditorium, convention center, lecture hall, or other place of public gathering;

  (5) a bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment;

  (6) a laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital, or other service establishment;

  (7) a terminal, depot, or other station used for specified public transportation;

  (8) a park, zoo, amusement park, or other place of recreation;

  (9) a museum, library, gallery, or other place of public display or collection;

  (10) a nursery, elementary, secondary, undergraduate, or postgraduate private school, or other place of education;

  (11) a day care center, senior citizen center, homeless shelter, food bank, adoption agency, or other social service center establishment; and

  (12) a gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation.

(d) Commercial facilities are subject to the Act if they are intended for non-residential use and if their operations will affect commerce. Such application shall not include railroad locomotives, railroad freight cars, railroad cabooses, railroad cars described in the Americans with Disabilities Act (ADA) §242, or covered under the ADA, Title III, railroad rights-of-way, or facilities that are covered or expressly exempted from coverage under the federal Fair Housing Act of 1968.

(e) Buildings or facilities of a religious organization are subject to the Act except for areas exempted under §68.30.

(f) Buildings or facilities not subject to the Act may be registered, reviewed, and/or inspected upon request and payment of the applicable fee(s) in accordance with §68.54.

Source Note: The provisions of this §68.20 adopted to be effective November 5, 2001, 26 TexReg 8807; amended to be effective February 1, 2005, 30 TexReg 382; amended to be effective March 1, 2007, 32 TexReg 884

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