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<br />33S <br /> <br />by the state, through the use of federal funds. <br /> <br />( c) The commissioner may waive or modify accessibility standards adopted under this <br />article when: ' <br /> <br />(1) the application of the standards is considered by the commk~ioner to be <br />irrelevant to the nature, use, or function of a building or facility covered by <br />this article; or <br /> <br />(2) the owner of a building or facility that is the subject of a request for a waiver <br />or modification of a standard under this subsection, or the owner's designated <br />agent, presents proof to the commi"Sioner that compliance with the particular <br />standard is impracticable. <br /> <br />(d) An owner of a,building described by Subsection (a)(3) of this section or of a building <br />or facility leased or rented for use by the state through the use of federal funds, or <br />the owner's designated agent, must present to the commissioner the proof required <br />by Subsection (c)(2) of this section before the date the owner: <br /> <br />(1) submits a bid proposal in relation to the award of a contract for the lease or <br />rental of the building or facility; or <br /> <br />~ <br /> <br />(2) is awarded the contract for the lease or rental of the building or facility if the <br />state does not advertise for bids. <br /> <br />(e) The commissioner may not waive or modify any standard or specification when: <br /> <br />(1) waiving or modifying a standard or specification would result in a significant <br />impairment of the acquisition of goods and services by persons with <br />disabilities or substantially reduce the potential for employment of persons <br />with disabilities; or <br /> <br />(2) the proof presented to the commissioner under Subsection (c)(2) of this <br />section is not adequate. <br /> <br />(f) All evidence supporting waiver or modification determinations made by the <br />commissioner shall be made a matter of record and become part of the file system <br />maintained by the department. <br /> <br />Sution 2 ametUkti effective ~ptetraMT 1, 1993 by Ads of the 73rd LegisUztun <br /> <br />Artide 9102 <br /> <br />Page 2-S <br /> <br />September 1, 1993 <br />