RECENT DEVELOPMENTS IN THE AMERICANS WITH DISABILITIES ACT AND THE TEXAS ARCLUTECTLTRAL BARRIERS PROGRAM

1. SCOPE AND INTRODUCTION 1
2. A BRIEF DISCUSSION OF COMPUTER RESOURCES ON THE ADA 1
3. SUMMARY OF THE PRINCIPAL REQUIREMENTS OF TITLE III OF THE AMERICANS WITH DISABILTIES ACT 2
   1. New construction 2
   2. Alterations 2
   3. Defenses; exclusions 3
   4. Enforcement mechanisms 4
4. A SUMMARY OF THE TEXAS ARCHITECTURAL BARRIERS STATUTE 6
   1. Texas Architectural Barriers Act 6
   2. Technical guidelines (TAS) 6
   3. Certification efforts under the ADA 7
   4. Administrative rules 7
   5. Private complaint mechanism 8
   6. Other important provisions in the regulations 8
5. FEDERAL ENFORCEMENT UPDATE 9
   1. Hyatt Reunion Complaint and Consent Agreement 9
   2. Other enforcement developments 9
6. ENFORCEMENT UPDATE UNDER THE STATE ACT 13
   1. Administration 13
   2. Enforcement 14
7. CONCLUSION 14

APPENDIX "A" (Proposed rule under the ADA, extending period of time for installing curb cuts and curb ramps) 15

APPENDIX "B" (Text of January 1996 Notice from Code Review and Inspections, Architectural Barriers Program, Texas Dept. Of Licensing and Regulation 21

Abstract

This article discusses new developments affecting real estate under both the federal Americans with Disabilities Act of 1990 ("ADA") and the Texas Architectural Barriers Statute, including enforcement developments and new programs. Only Title III of the ADA is addressed, dealing with private commercial properties, and to a lesser extent Title II, dealing with state and local government requirements. Title I, dealing with employment requirements of the ADA, is beyond the scope of this article.

Appendix "A" to this article contains a proposed new federal rule relating to he installation of curb cuts and curb ramps, extending the implementation date of these requirements for state and local governments. The comment period is still open under this proposed rulemaking. Contact information is included in the Appendix.

Appendix "B" to this article contains the text of a new January 1996 announcement under the Texas Architectural Barriers program, providing for new private contractor procedures for plan submissions and inspections.

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