(a) State leased buildings or facilities with an annual
lease expense in excess of $12,000 shall be registered with the department
by completing a State Lease Registration form and submitting it along
with the applicable fee(s). This requirement applies to both initial
lease agreements and lease renewals. For state leased buildings or
facilities that are being constructed, renovated, or modified, an
Elimination of Architectural Barriers Project Registration form or
Architectural Barriers Project Registration Confirmation page shall
also be completed.
(b) 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.
State leases may be exempted from compliance if it is determined by
the department 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.
(c) Buildings or facilities that are leased or occupied
in whole or in part for use by the state, shall meet the following
requirements of TAS:
  (1) New construction shall comply with TAS 201.1.
  (2) Additions shall comply with TAS 202.2.
  (3) Alterations shall comply with TAS 202.3 and 202.4.
  (4) Historic buildings or facilities shall comply with
TAS 202.5.
  (5) Existing buildings and facilities are ones that
have not been constructed, renovated, or modified since April 1, 1994.
In an existing building or facility, where alterations are not planned
or the planned alterations will not affect an area containing a primary
function, the following minimum requirements shall apply:
    (A) If parking is required as part of the lease agreement
or is provided to serve the leased area, accessible parking spaces
shall comply with TAS 208 and 502.
    (B) An accessible route from the parking area(s) shall
comply with TAS 206 and 402.
    (C) At least one entrance serving the leased space
shall comply with TAS 206.4.5 and 404.
    (D) If toilet rooms or bathrooms are required by the
lease agreement or are provided to serve the leased area, at least
one set of men's and women's toilet rooms or bathrooms or at least
one unisex toilet room or bathroom serving the leased area shall comply
with TAS 213 and 603.
    (E) Signage at toilet rooms or bathrooms shall comply
with TAS 703. Toilet rooms or bathrooms serving the leased area which
are not accessible shall be provided with signage complying with TAS
703.1, 703.2.4, 703.2.5, 703.6.2 and 703.7 indicating the location
of the nearest accessible toilet room or bathroom within the facility.
    (F) If drinking fountains are required by the lease
agreement, or are provided to serve the leased area, at least one
fountain shall comply with TAS 602. If more than one drinking fountain
is provided, at least 50% shall comply with TAS 602.
    (G) If public telephones are required by the lease
agreement, or are provided to serve the leased area, at least one
public telephone shall comply with TAS 704.
    (H) If an element or space of a lease is not specified
in this subsection but is present in a state leasehold, that element
or space shall comply with TAS 201.1.


Source Note: The provisions of this §68.101 adopted to be effective November 5, 2001, 26 TexReg 8807; amended to be effective February 1, 2005, 30 TexReg 382; amended to be effective March 1, 2007, 32 TexReg 884; amended to be effective March 15, 2012, 37 TexReg 677