(a) All buildings or facilities listed under this section are subject to compliance with the Act, TAS, and this chapter, regardless of the estimated cost of construction, unless exempted under §68.30.

(b) The following buildings and facilities are subject to compliance with the Act, TAS, and this chapter:

(1) A building or facility used by a public entity if it is constructed, renovated, or modified, in whole or in part, on or after January 1, 1970, using funds from the state or a county, municipality, or other political subdivision of the state.

(2) A building or facility leased for use or occupied, in whole or in part, by the state under a lease or rental agreement entered into on or after January 1, 1972, except as modified under §68.22.

(c) The following private buildings and facilities constructed, renovated, or modified on or after January 1, 1992, and defined as a "public accommodation" by Section 301, Americans with Disabilities Act of 1990 (42 U.S.C. Section 12181), and its subsequent amendments are subject to the Act, TAS, and this chapter:

(1) A place of lodging that includes guest rooms for short-term stays of 30 days or less where the occupant does not have the right to return to a specific room or unit after the conclusion of their stay, and under conditions and with amenities similar to a hotel, motel, or inn. (A) Amenities include: (i) on or off-site management and reservations service; (ii) rooms available on a walk-up or call-in basis; (iii) available housekeeping or linen service; and (iv) acceptance of reservations for a guest room type without guaranteeing a particular unit or room until checking in, and without prior lease or security deposit. (B) A place of transient lodging with no more than five rooms for rent or hire that is occupied by the proprietor as the proprietor's primary residence as provided under §68.30 is not subject to this section.

(2) an establishment that serves food or drinks, including a restaurant or bar;

(3) a sports or entertainment venue, including a movie theater, concert hall, stadium, or other place of exhibition or entertainment;

(4) a public gathering venue, including an auditorium, convention center, or lecture hall;

(5) a retail establishment or shopping center;

(6) a service establishment, including a laundromat, dry-cleaner, bank, barber shop, salon, gas station, professional office, medical facility, health care provider, or hospital;

(7) a public transportation station, including a terminal or depot;

(8) a place of recreation, including a park, zoo, or amusement park;

(9) a place of public display or collection, including a museum, library or gallery;

(10) a place of education, including a day care center, elementary, secondary, undergraduate, or postgraduate private school;

(11) a social service center establishment, including a senior citizen center, homeless shelter, food bank, or adoption agency;

(12) a place of exercise or recreation, including a gymnasium, health spa, bowling alley, or golf course;

(13) a residential amenity space open to the public which is used, leased, or rented to residents, members, non-residents, or non-members; and

(14) a building or facility that is constructed, renovated, or modified on a temporary or emergency basis including workforce housing, man camps, fixed furniture systems, wall systems, and exhibit areas.

(d) A commercial facility is subject to the Act, this chapter, and compliance with TAS if it is intended for non-residential use by a private entity and its operations will affect commerce, except for railroad locomotives, railroad freight cars, railroad cabooses, commuter or intercity passenger rail cars or any other 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.

(e) A building or facility of a religious organization is subject to the Act, this chapter, and compliance with TAS except for areas as provided under §68.30.

Source Note: The provisions of this §68.20 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 May 15, 2017, 42 TexReg 2333; amended to be effective August 31, 2023, 48 TexReg 4642