1. (a) A building or facility identified in the Act is subject to compliance if:

   1. (1) public funds from a municipality, county, the state or any political subdivision of the state are used any time during the construction process;
   2. (2) a municipality, county, the state or any political subdivision of the state donate land or other use of public lands on which buildings or facilities are constructed with private funds;
   3. (3) constructed with private funds with the intent of donating or deeding to a public entity; or
   4. (4) tax abatements or other incentives are provided by a municipality, county, the state or any political subdivision of the state.

2. (b) Buildings or facilities that are leased or rented to the state:

   1. (1) include space provided at no cost to a state agency for conducting state business with or without a written contract;
   2. (2) may be exempted from compliance if it is determined by the occupying agency that the space will not be used by the public and that the occasion for employment for persons with disabilities is improbable because of the essential job functions. The agency shall, prior to advertisement for bid, submit to the department for a determination a completed Lease Evaluation Form obtained from the department. If a Lease Evaluation Form is not submitted, compliance with all applicable standards shall be required.

3. (c) The following private entities are considered public accommodations and subject to the Act:

   1. (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. (2) a restaurant, bar, or other establishment serving food or drinks;
   3. (3) a motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment;
   4. (4) an auditorium, convention center, lecture hall, or other place of public gathering;
   5. (5) a bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment;
   6. (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. (7) a terminal, depot, or other station used for specified public transportation;
   8. (8) a park, zoo, amusement park, or other place of recreation;
   9. (9) a museum, library, gallery, or other place of public display or collection;
   10. (10) a nursery, elementary, secondary, undergraduate, or postgraduate private school, or other place of education;
   11. (11) a day care center, senior citizen center, homeless shelter, food bank, adoption agency, or other social service center establishment; and
   12. (12) a gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation.
4. (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.
5. (e) Buildings or facilities of a religious organization are subject to the Act except for areas exempted under §68.30 of this title (relating to Exemptions).
6. (f) Buildings or facilities not subject to the Act may be reviewed and/or inspected upon request and payment of the applicable fee(s).

Source Note:The provisions of this §68.21 adopted to be effective June 1, 1994, 19 TexReg 3485; amended to be effective June 26, 2000, 25 TexReg 6122.