Americans with Disabilities Act

General
The Americans with Disabilities Act (ADA) is codified at
U.S.C. Title 42 Chapter 126
and requires equal opportunity for individuals with disabilities. Such opportunity prohibits discrimination against individuals with disabilities in government services, public accommodations, transportation and telecommunications. Further, “reasonable accommodation” must be provided to qualified individuals with disabilities.
Federal Requirement
  1. 28 CFR Part 35
    – Prohibits discrimination on the basis of disability by public entities. It extends the prohibition of discrimination in federally assisted programs established by section 504 of the Rehabilitation Act of 1973 to all activities of state and LGs, including those that do not receive federal financial assistance.
  2. 49 CFR Part 37
    – Prohibits discrimination against an individual with a disability in connection with the provision of transportation services. It also provides requirements placed on the construction or alteration of transportation facilities by public entities. Applies to federally funded projects.
State Requirement
  1. Texas Occupations Code, Chapter 51
    – Establishes the Texas Department of Licensing and Regulation (TDLR). TDLR enforces the Texas Architectural Barriers Act (
    Texas Government Code Chapter 469
    ), which requires all public facilities in Texas constructed or maintained using public funds to be accessible to and functional for persons with disabilities.
Required Practices
The
LGPM Guide
provides information regarding the practices used by and responsibilities of the LG and TxDOT with respect to the ADA. In general, for all non-construction projects with state or federal funding or are on the state highway system, the LG must implement appropriate requirements and procedures to ensure there is no discrimination by the LG, its consultants and its service providers against any individual with a disability.