New Parking Requirements Proposed

New Accessible Parking Requirements Proposed

(Note: This proposed amendment is expected to become effective around June of 2020).

The Texas Department of Licensing and Regulation proposes amendments to the Elimination of Architectural Barriers program rules (16 Texas Administrative Code, Chapter 68, §68.100; and new rule §68.104). The proposed rules update a reference from the “Commission” to the “Department.” The proposed rules also implement necessary changes required by House Bill 3163, 86th Legislature, Regular Session (2019).

The proposed rules were published in the January 24, 2020, issue of the Texas Register (45 TexReg 499). The Department will accept comments on the proposal until February 24, 2020.

The Department encourages anyone interested in the Elimination of Architectural Barriers program to review the rule proposal online. Comments may be submitted by email to erule.comments@tdlr.texas.gov.

Here is what is proposed in new TDLR Administrative Rule §68.104. Note that there may be changes based on comments the department receives during the open comment period.

§68.104. Accessible Parking Spaces.

(a) A paved accessible parking space must include:

(1) the international symbol of access painted conspicuously on the surface in a color that contrasts the pavement;

(2) the words "NO PARKING" painted on any access aisle adjacent to the parking space. The words must be painted:

(A) in all capital letters;

(B) with a letter height of at least one foot, and a stroke width of at least two inches; and

(C) centered within each access aisle adjacent to the parking space; and

(3) a sign identifying the consequences of parking illegally in a paved accessible parking space. The sign must:

(A) at a minimum state “Violators Subject to Fine and Towing” in a letter height of at least one inch;

(B) be mounted on a pole, post, wall or freestanding board;

(C) be no more than eight inches below a sign required by Texas Accessibility Standards, 502.6; and

(D) be installed so that the bottom edge of the sign is no lower than 4 feet and no higher than 6 feet above ground level.

(b) A sign that meets the requirements set in Texas Accessibility Standards, 502.6 that includes the required language in subsection (a)(3)(A) satisfies this section.

IMPORTANT: This will be an additional Administrative Rule requirement that, although it is not found in the 2012 Texas Accessibility Standards, it is an enforceable requirement. Therefore, all persons designing and constructing in the State of Texas are reminded to also review the Architectural Barriers Administrative Rules, especially Sections 68.100 through 68.104 (in its adopted form).