Texas 2009 - 81st Regular

Texas House Bill HB1807 Compare Versions

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1	1	81R30119 E
2	2	By: Giddings H.B. No. 1807
3	3	Substitute the following for H.B. No. 1807:
4	4	By: Kuempel C.S.H.B. No. 1807
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to regulation of cranes and registration and regulation of
10	10	crane operators; providing penalties.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Title 8, Occupations Code, is amended by adding
13	13	Chapter 1306 to read as follows:
14	14	CHAPTER 1306. REGULATION OF CRANES AND CRANE OPERATORS
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 1306.001. DEFINITIONS. In this chapter:
17	17	(1) "ANSI" means the American National Standards
18	18	Institute.
19	19	(2) "ASME" means the American Society of Mechanical
20	20	Engineers.
21	21	(3) "Commission" means the Texas Commission of
22	22	Licensing and Regulation.
23	23	(4) "Crane" means a tower crane that is a nonmobile,
24	24	power-operated hoisting machine used in construction, maintenance,
25	25	demolition, or excavation work that has a power-operated winch,
26	26	load-line, and boom moving laterally. A tower crane is a temporary
27	27	structure and is not subject to building codes or other provisions
28	28	of law, rule, or ordinance applicable to permanent structures.
29	29	(5) "Crane inspector" means an individual who inspects
30	30	cranes to determine whether the cranes may be operated safely.
31	31	(6) "Crane operator" means an individual who operates
32	32	a crane.
33	33	(7) "Crane owner" means a person who owns a crane.
34	34	(8) "Department" means the Texas Department of
35	35	Licensing and Regulation.
36	36	Sec. 1306.002. EXEMPTIONS. This chapter does not apply to a
37	37	person who:
38	38	(1) is a member of the armed forces of the United
39	39	States and who is operating, assembling, or disassembling a crane
40	40	in the scope of the member's official duties;
41	41	(2) is a crane operator apprentice or trainee who is:
42	42	(A) enrolled or participating in a structured
43	43	crane operator training program that is developed and documented by
44	44	the employer and is registered with the Office of Apprenticeship of
45	45	the United States Department of Labor; and
46	46	(B) under the direct supervision of a crane
47	47	operator registered under this chapter;
48	48	(3) is directly employed by a railroad and is
49	49	qualified by the employing railroad as a crane operator or boom
50	50	truck operator while performing work on property owned, leased, or
51	51	controlled by the employing railroad;
52	52	(4) is employed by or performing work for a public
53	53	utility, rural electric cooperative, municipality, telephone
54	54	company, or industrial manufacturing plant;
55	55	(5) is subject to inspection and regulation under the
56	56	Federal Mine Safety and Health Act of 1977 (30 U.S.C. Section 801 et
57	57	seq.);
58	58	(6) is engaged in boating, fishing, agriculture, or
59	59	arboriculture;
60	60	(7) is operating a crane for personal use on premises
61	61	owned or leased by an individual;
62	62	(8) is operating a crane in a disaster declared under
63	63	Chapter 418, Government Code;
64	64	(9) is a tow truck operator;
65	65	(10) is a mechanic truck operator;
66	66	(11) is performing work on a highway, road, street,
67	67	bridge, utility, water supply project, water plant, wastewater
68	68	plant, water and wastewater distribution or conveyance facility,
69	69	wharf, dock, airport runway or taxiway, drainage project, or
70	70	similar project associated with civil engineering construction; or
71	71	(12) is a side boom operator or pipe layer.
72	72	Sec. 1306.003. EFFECT ON LOCAL LAW. This chapter preempts
73	73	and supersedes a local ordinance, rule, or regulation adopted by a
74	74	political subdivision of this state relating to the registration
75	75	and regulation of cranes, crane operators, and crane inspectors.
76	76	[Sections 1306.004-1306.050 reserved for expansion]
77	77	SUBCHAPTER B. POWERS AND DUTIES OF COMMISSION AND DEPARTMENT
78	78	Sec. 1306.051. GENERAL POWERS AND DUTIES. The commission
79	79	and department shall administer and enforce this chapter.
80	80	Sec. 1306.052. ADOPTION OF RULES. The commission shall
81	81	adopt rules consistent with this chapter as necessary to administer
82	82	this chapter.
83	83	Sec. 1306.053. FEES. The department shall set fees as
84	84	necessary in amounts reasonable and necessary to cover the cost of
85	85	administering this chapter.
86	86	Sec. 1306.054. CRANE OPERATOR SAFETY ADVISORY BOARD. (a)
87	87	The commission shall establish the crane operator safety advisory
88	88	board. The board consists of the following seven members appointed
89	89	by the presiding officer of the commission with the approval of the
90	90	commission:
91	91	(1) three registered crane operators;
92	92	(2) one person who employs or contracts to hire
93	93	individuals registered under this chapter;
94	94	(3) one public member;
95	95	(4) one crane manufacturer; and
96	96	(5) three crane owners.
97	97	(b) An appointment to the advisory board shall be made
98	98	without regard to the race, color, disability, sex, religion, age,
99	99	or national origin of the appointee.
100	100	(c) Advisory board members serve six-year terms, with the
101	101	terms of two or three members, as appropriate, expiring on February
102	102	1 of each odd-numbered year. A member may not serve more than two
103	103	full consecutive terms.
104	104	(d) If a vacancy occurs during a term, the presiding officer
105	105	of the commission shall appoint a replacement who meets the
106	106	qualifications of the vacated position to serve for the remainder
107	107	of the term.
108	108	(e) The presiding officer of the commission shall appoint
109	109	one of the advisory board members to serve as presiding officer of
110	110	the advisory board for a term of one year. The presiding officer of
111	111	the advisory board may vote on any matter before the advisory board.
112	112	(f) Advisory board members may not receive compensation,
113	113	but are entitled to reimbursement for actual and necessary expenses
114	114	incurred in performing the functions of the advisory board, subject
115	115	to the General Appropriations Act.
116	116	(g) The advisory board shall meet twice annually and may
117	117	meet at other times at the call of the presiding officer of the
118	118	commission or the executive director of the department.
119	119	(h) The advisory board shall provide advice and
120	120	recommendations to the department on technical matters relevant to
121	121	the administration and enforcement of this chapter and rules
122	122	adopted under this chapter, including advice and recommendations
123	123	regarding examination content, registration standards, and crane
124	124	operator standards.
125	125	(i) Chapter 2110, Government Code, does not apply to the
126	126	advisory board.
127	127	[Sections 1306.055-1306.100 reserved for expansion]
128	128	SUBCHAPTER C. REGISTRATION
129	129	Sec. 1306.101. CRANE OPERATOR REGISTRATION REQUIRED. (a)
130	130	A person may not act as a crane operator unless the person holds a
131	131	crane operator registration issued by the department under this
132	132	chapter.
133	133	(b) An employer or contractor may not employ or use an
134	134	individual to act as a crane operator unless the individual holds a
135	135	crane operator registration issued by the department under this
136	136	chapter.
137	137	Sec. 1306.102. CRANE OPERATOR ELIGIBILITY REQUIREMENTS.
138	138	(a) To protect the public health and safety, the commission by rule
139	139	shall establish eligibility criteria for a person to hold a crane
140	140	operator registration under this chapter and shall adopt revised
141	141	ANSI personnel accreditation standards, as appropriate.
142	142	(b) The rules must require a crane operator to hold a crane
143	143	operator certification issued by:
144	144	(1) the National Commission for the Certification of
145	145	Crane Operators; or
146	146	(2) an equivalent crane operator certification
147	147	program approved by the department that:
148	148	(A) has personnel accreditation standards at
149	149	least as stringent as the most recent ANSI standards adopted by the
150	150	commission;
151	151	(B) has safety standards at least as stringent as
152	152	the most recent revisions of the ASME B30.3 Construction Tower
153	153	Cranes and ASME B30.5 Mobile and Locomotive Cranes standards as
154	154	adopted by commission rule; and
155	155	(C) demonstrates the person has acquired the
156	156	necessary knowledge, skill, and ability to operate the type of
157	157	crane for which certification is sought.
158	158	[Sections 1306.103-1306.150 reserved for expansion]
159	159	SUBCHAPTER D. REGULATION AND ENFORCEMENT
160	160	Sec. 1306.151. INSPECTIONS. (a) A crane owner may not
161	161	allow the operation of a crane in this state unless the crane is
162	162	annually inspected by a department crane inspector. The crane
163	163	inspector must be registered with the department or be a
164	164	third-party inspector of the department and hold a certification
165	165	issued by:
166	166	(1) the National Commission for the Certification of
167	167	Crane Operators; or
168	168	(2) an equivalent inspector certification program
169	169	approved or developed by the department that:
170	170	(A) has personnel accreditation standards at
171	171	least as stringent as the most recent ANSI standards adopted by the
172	172	commission; and
173	173	(B) demonstrates the inspector has acquired the
174	174	necessary knowledge, skill, and ability to act as a crane
175	175	inspector.
176	176	(b) A crane inspector shall ensure the crane complies with
177	177	the periodic inspection requirements established by the most recent
178	178	revisions of ASME B30.3 Construction Tower Cranes and ASME B30.5
179	179	Mobile and Locomotive Cranes or other requirements as provided by
180	180	commission rule.
181	181	(c) For each crane in operation in this state, the crane
182	182	owner shall ensure a competent person performs daily inspections of
183	183	the crane in accordance with the specifications of the manufacturer
184	184	and the American Society of Mechanical Engineers as adopted by the
185	185	commission. An owner's compliance with this statute establishes an
186	186	affirmative defense.
187	187	(d) The department shall establish the procedures,
188	188	qualifications, and fees necessary for the registration of crane
189	189	inspectors as required by this section.
190	190	Sec. 1306.152. DRUG AND ALCOHOL TESTING. A person who holds
191	191	a certificate of registration issued under this chapter shall
192	192	periodically undergo drug and alcohol testing in accordance with
193	193	commission rules. In adopting rules under this section, the
194	194	commission shall consider the drug and alcohol testing requirements
195	195	of the federal Occupational Safety and Health Administration.
196	196	[Sections 1306.153-1306.200 reserved for expansion]
197	197	SUBCHAPTER E. ENFORCEMENT
198	198	Sec. 1306.201. DISCIPLINARY ACTION. A person is subject to
199	199	disciplinary action under Subchapter G, Chapter 51, if the person
200	200	violates this chapter or a rule adopted under this chapter.
201	201	Sec. 1306.202. ADMINISTRATIVE PENALTY; HEARINGS. The
202	202	department may impose an administrative penalty in the manner
203	203	provided by Subchapter F, Chapter 51, on a person if the person
204	204	violates this chapter or a rule adopted under this chapter.
205	205	Sec. 1306.203. CEASE AND DESIST; CIVIL PENALTY; INJUNCTION.
206	206	(a) The department may issue a cease and desist order if the
207	207	department determines that an order is necessary to:
208	208	(1) prevent a violation of this chapter; or
209	209	(2) protect the public health and safety.
210	210	(b) The attorney general or the department under this
211	211	chapter may institute an action for an injunction or a civil penalty
212	212	as provided by Section 51.352.
213	213	(c) The department may immediately stop or prevent the
214	214	operation of a crane in an emergency.
215	215	Sec. 1306.204. CIVIL PENALTY. (a) A person who violates
216	216	this chapter or a rule adopted under this chapter is liable to this
217	217	state for a civil penalty not to exceed $1,000 for each violation.
218	218	Each day a violation continues constitutes a separate violation.
219	219	(b) The amount of the penalty shall be based on:
220	220	(1) the seriousness of the violation;
221	221	(2) the history of previous violations;
222	222	(3) the amount necessary to deter a future violation;
223	223	and
224	224	(4) any other matter that justice may require.
225	225	(c) The department or the attorney general may sue to
226	226	collect a civil penalty under this section. In the suit the state
227	227	may recover the reasonable expenses incurred in obtaining the
228	228	penalty, including investigation and court costs, reasonable
229	229	attorney's fees, witness fees, and other expenses.
230	230	SECTION 2. (a) Not later than April 30, 2010, the Texas
231	231	Commission of Licensing and Regulation shall adopt rules required
232	232	by Chapter 1306, Occupations Code, as added by this Act.
233	233	(b) Notwithstanding Chapter 1306, Occupations Code, as
234	234	added by this Act:
235	235	(1) a crane operator is not required to hold a
236	236	registration under that chapter until September 1, 2010; and
237	237	(2) a crane is not required to be registered under
238	238	that chapter until September 1, 2011.
239	239	SECTION 3. (a) Except as provided by Subsections (b) and
240	240	(c) of this section, this Act takes effect September 1, 2009.
241	241	(b) Section 1306.101, Occupations Code, as added by this
242	242	Act, takes effect September 1, 2010.
243	243	(c) Section 1306.103, Occupations Code, as added by this
244	244	Act, takes effect January 1, 2011.