Non-discrimination against Persons with Disabilities
General
Discrimination on the basis of disability by public entities is prohibited. The prohibition extends to all activities of state and LGs participating in federally assisted programs. There are three federal laws requiring accessible planning, design and construction, and actions to integrate people with disabilities into mainstream society.
- (ADA) prohibits discrimination against people with disabilities in all aspects of life, including transportation, public services, employment, housing, public accommodations, education, communication, recreation and health services, regardless of funding source.
- (as amended by the ) addresses compliance with Federal design standards for accessibility.
- The requires access to facilities designed, built, altered or leased with federal funds.
In addition, the
, as amended, requires each building and facility subject to the Act to be accessible to and functional for persons with disabilities. Subject facilities include facilities used by the public that are constructed, renovated or modified, regardless of funding source. The law requires compliance with the
and the rules promulgated by the Texas Department of Licensing and Regulation (TDLR) in
.
The LG must ensure accessibility for individuals with disabilities is provided in the construction of all new transportation facilities. When altering existing transportation facilities, the LG must also ensure the alterations are made in such a way as to provide access and utilization by individuals with disabilities. Additional information related to accessibility requirements and the related responsibilities of the LG and TxDOT during construction are included in
of the LGPP Manual and
.
Federal Requirements
- – Nondiscrimination on the Basis of Disability in State and Local Government Services –
- Prohibits discrimination on the basis of disability by public entities.
- Requires the design and construction of new and altered facilities by, on behalf of or for the use of a public entity shall be designed and constructed in such a manner that the facility is readily accessible to and usable by individuals with disabilities.
- Established the (see also ) as a standard for compliance. Departures from particular requirements by the use of other methods shall be permitted when it is clearly evident that equivalent access to the facility is thereby provided.
- Requires newly constructed or altered streets, roads and highways must contain curb ramps or other sloped areas at any intersection having curbs or other barriers to entry from a street level pedestrian walkway.
- Requires newly constructed or altered street level pedestrian walkways must contain curb ramps or other sloped areas at intersections to streets, roads or highways.
- Requires public entities to ensure communications with members of the public with disabilities are as effective as communication with others.
- – Prohibits discrimination against an individual with a disability in connection with the provision of transportation services. It also provides requirements for the construction or alteration of transportation facilities by the following entities, whether or not they receive federal financial assistance:
- any public entity providing designated public transportation or intercity or commuter rail transportation;
- any private entity providing specified public transportation; and
- any private entity not primarily engaged in the business of transporting people but operates a demand responsive or fixed route system.
State Requirements
- – State law to ensure each building and facility subject to this chapter is accessible to and functional for persons with disabilities without causing the loss of function, space or facilities. This chapter relates to non-ambulatory and semi-ambulatory disabilities, sight disabilities, hearing disabilities, disabilities of coordination and aging.
- – Requires TDLR to adopt standards, specifications and other rules under this chapter that are consistent with standards, specifications and other rules adopted under federal law.
- – Requires all plans and specifications for the construction of or for the substantial renovation or modification of a building or facility to be submitted to TDLR for review and approval if the building or facility is subject to this chapter and the estimated construction cost is at least $50,000.
- – Requires inspection of buildings and facilities covered by the statute by TDLR or registered accessibility specialist.
- – Sets standards for accessibility to: public buildings and facilities; privately owned buildings and facilities leased or occupied by state agencies; places of public accommodation; and commercial facilities by individuals with disabilities. Subject buildings and facilities are addressed in more detail in . These standards are to be applied during the design, construction and alteration of such buildings and facilities to the extent required by regulations issued by TDLR.
- – Establishes a variance procedure to address requests to waive or modify an accessibility standard.
- – Updates rules applicable to projects within the public right of way. Estimated cost of construction is based on the pedestrian elements only. Clarifies specific issues related to sidewalks, curb ramps and handrail.
- – Provides that a licensed engineer is subject to disciplinary action under for a failure to timely provide plans or specifications to TDLR.
Required Practices
In general, the LG (with oversight by TxDOT) must ensure all new and existing transportation facilities comply with the provisions of state and federal statutes. The required practices and responsibilities of each entity are described in the
.