81R30119 E
By: Giddings H.B. No. 1807
Substitute the following for H.B. No. 1807:
By: Kuempel C.S.H.B. No. 1807
A BILL TO BE ENTITLED
AN ACT
relating to regulation of cranes and registration and regulation of
crane operators; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 8, Occupations Code, is amended by adding
Chapter 1306 to read as follows:
CHAPTER 1306. REGULATION OF CRANES AND CRANE OPERATORS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1306.001. DEFINITIONS. In this chapter:
(1) "ANSI" means the American National Standards
Institute.
(2) "ASME" means the American Society of Mechanical
Engineers.
(3) "Commission" means the Texas Commission of
Licensing and Regulation.
(4) "Crane" means a tower crane that is a nonmobile,
power-operated hoisting machine used in construction, maintenance,
demolition, or excavation work that has a power-operated winch,
load-line, and boom moving laterally. A tower crane is a temporary
structure and is not subject to building codes or other provisions
of law, rule, or ordinance applicable to permanent structures.
(5) "Crane inspector" means an individual who inspects
cranes to determine whether the cranes may be operated safely.
(6) "Crane operator" means an individual who operates
a crane.
(7) "Crane owner" means a person who owns a crane.
(8) "Department" means the Texas Department of
Licensing and Regulation.
Sec. 1306.002. EXEMPTIONS. This chapter does not apply to a
person who:
(1) is a member of the armed forces of the United
States and who is operating, assembling, or disassembling a crane
in the scope of the member's official duties;
(2) is a crane operator apprentice or trainee who is:
(A) enrolled or participating in a structured
crane operator training program that is developed and documented by
the employer and is registered with the Office of Apprenticeship of
the United States Department of Labor; and
(B) under the direct supervision of a crane
operator registered under this chapter;
(3) is directly employed by a railroad and is
qualified by the employing railroad as a crane operator or boom
truck operator while performing work on property owned, leased, or
controlled by the employing railroad;
(4) is employed by or performing work for a public
utility, rural electric cooperative, municipality, telephone
company, or industrial manufacturing plant;
(5) is subject to inspection and regulation under the
Federal Mine Safety and Health Act of 1977 (30 U.S.C. Section 801 et
seq.);
(6) is engaged in boating, fishing, agriculture, or
arboriculture;
(7) is operating a crane for personal use on premises
owned or leased by an individual;
(8) is operating a crane in a disaster declared under
Chapter 418, Government Code;
(9) is a tow truck operator;
(10) is a mechanic truck operator;
(11) is performing work on a highway, road, street,
bridge, utility, water supply project, water plant, wastewater
plant, water and wastewater distribution or conveyance facility,
wharf, dock, airport runway or taxiway, drainage project, or
similar project associated with civil engineering construction; or
(12) is a side boom operator or pipe layer.
Sec. 1306.003. EFFECT ON LOCAL LAW. This chapter preempts
and supersedes a local ordinance, rule, or regulation adopted by a
political subdivision of this state relating to the registration
and regulation of cranes, crane operators, and crane inspectors.
[Sections 1306.004-1306.050 reserved for expansion]
SUBCHAPTER B. POWERS AND DUTIES OF COMMISSION AND DEPARTMENT
Sec. 1306.051. GENERAL POWERS AND DUTIES. The commission
and department shall administer and enforce this chapter.
Sec. 1306.052. ADOPTION OF RULES. The commission shall
adopt rules consistent with this chapter as necessary to administer
this chapter.
Sec. 1306.053. FEES. The department shall set fees as
necessary in amounts reasonable and necessary to cover the cost of
administering this chapter.
Sec. 1306.054. CRANE OPERATOR SAFETY ADVISORY BOARD. (a)
The commission shall establish the crane operator safety advisory
board. The board consists of the following seven members appointed
by the presiding officer of the commission with the approval of the
commission:
(1) three registered crane operators;
(2) one person who employs or contracts to hire
individuals registered under this chapter;
(3) one public member;
(4) one crane manufacturer; and
(5) three crane owners.
(b) An appointment to the advisory board shall be made
without regard to the race, color, disability, sex, religion, age,
or national origin of the appointee.
(c) Advisory board members serve six-year terms, with the
terms of two or three members, as appropriate, expiring on February
1 of each odd-numbered year. A member may not serve more than two
full consecutive terms.
(d) If a vacancy occurs during a term, the presiding officer
of the commission shall appoint a replacement who meets the
qualifications of the vacated position to serve for the remainder
of the term.
(e) The presiding officer of the commission shall appoint
one of the advisory board members to serve as presiding officer of
the advisory board for a term of one year. The presiding officer of
the advisory board may vote on any matter before the advisory board.
(f) Advisory board members may not receive compensation,
but are entitled to reimbursement for actual and necessary expenses
incurred in performing the functions of the advisory board, subject
to the General Appropriations Act.
(g) The advisory board shall meet twice annually and may
meet at other times at the call of the presiding officer of the
commission or the executive director of the department.
(h) The advisory board shall provide advice and
recommendations to the department on technical matters relevant to
the administration and enforcement of this chapter and rules
adopted under this chapter, including advice and recommendations
regarding examination content, registration standards, and crane
operator standards.
(i) Chapter 2110, Government Code, does not apply to the
advisory board.
[Sections 1306.055-1306.100 reserved for expansion]
SUBCHAPTER C. REGISTRATION
Sec. 1306.101. CRANE OPERATOR REGISTRATION REQUIRED. (a)
A person may not act as a crane operator unless the person holds a
crane operator registration issued by the department under this
chapter.
(b) An employer or contractor may not employ or use an
individual to act as a crane operator unless the individual holds a
crane operator registration issued by the department under this
chapter.
Sec. 1306.102. CRANE OPERATOR ELIGIBILITY REQUIREMENTS.
(a) To protect the public health and safety, the commission by rule
shall establish eligibility criteria for a person to hold a crane
operator registration under this chapter and shall adopt revised
ANSI personnel accreditation standards, as appropriate.
(b) The rules must require a crane operator to hold a crane
operator certification issued by:
(1) the National Commission for the Certification of
Crane Operators; or
(2) an equivalent crane operator certification
program approved by the department that:
(A) has personnel accreditation standards at
least as stringent as the most recent ANSI standards adopted by the
commission;
(B) has safety standards at least as stringent as
the most recent revisions of the ASME B30.3 Construction Tower
Cranes and ASME B30.5 Mobile and Locomotive Cranes standards as
adopted by commission rule; and
(C) demonstrates the person has acquired the
necessary knowledge, skill, and ability to operate the type of
crane for which certification is sought.
[Sections 1306.103-1306.150 reserved for expansion]
SUBCHAPTER D. REGULATION AND ENFORCEMENT
Sec. 1306.151. INSPECTIONS. (a) A crane owner may not
allow the operation of a crane in this state unless the crane is
annually inspected by a department crane inspector. The crane
inspector must be registered with the department or be a
third-party inspector of the department and hold a certification
issued by:
(1) the National Commission for the Certification of
Crane Operators; or
(2) an equivalent inspector certification program
approved or developed by the department that:
(A) has personnel accreditation standards at
least as stringent as the most recent ANSI standards adopted by the
commission; and
(B) demonstrates the inspector has acquired the
necessary knowledge, skill, and ability to act as a crane
inspector.
(b) A crane inspector shall ensure the crane complies with
the periodic inspection requirements established by the most recent
revisions of ASME B30.3 Construction Tower Cranes and ASME B30.5
Mobile and Locomotive Cranes or other requirements as provided by
commission rule.
(c) For each crane in operation in this state, the crane
owner shall ensure a competent person performs daily inspections of
the crane in accordance with the specifications of the manufacturer
and the American Society of Mechanical Engineers as adopted by the
commission. An owner's compliance with this statute establishes an
affirmative defense.
(d) The department shall establish the procedures,
qualifications, and fees necessary for the registration of crane
inspectors as required by this section.
Sec. 1306.152. DRUG AND ALCOHOL TESTING. A person who holds
a certificate of registration issued under this chapter shall
periodically undergo drug and alcohol testing in accordance with
commission rules. In adopting rules under this section, the
commission shall consider the drug and alcohol testing requirements
of the federal Occupational Safety and Health Administration.
[Sections 1306.153-1306.200 reserved for expansion]
SUBCHAPTER E. ENFORCEMENT
Sec. 1306.201. DISCIPLINARY ACTION. A person is subject to
disciplinary action under Subchapter G, Chapter 51, if the person
violates this chapter or a rule adopted under this chapter.
Sec. 1306.202. ADMINISTRATIVE PENALTY; HEARINGS. The
department may impose an administrative penalty in the manner
provided by Subchapter F, Chapter 51, on a person if the person
violates this chapter or a rule adopted under this chapter.
Sec. 1306.203. CEASE AND DESIST; CIVIL PENALTY; INJUNCTION.
(a) The department may issue a cease and desist order if the
department determines that an order is necessary to:
(1) prevent a violation of this chapter; or
(2) protect the public health and safety.
(b) The attorney general or the department under this
chapter may institute an action for an injunction or a civil penalty
as provided by Section 51.352.
(c) The department may immediately stop or prevent the
operation of a crane in an emergency.
Sec. 1306.204. CIVIL PENALTY. (a) A person who violates
this chapter or a rule adopted under this chapter is liable to this
state for a civil penalty not to exceed $1,000 for each violation.
Each day a violation continues constitutes a separate violation.
(b) The amount of the penalty shall be based on:
(1) the seriousness of the violation;
(2) the history of previous violations;
(3) the amount necessary to deter a future violation;
and
(4) any other matter that justice may require.
(c) The department or the attorney general may sue to
collect a civil penalty under this section. In the suit the state
may recover the reasonable expenses incurred in obtaining the
penalty, including investigation and court costs, reasonable
attorney's fees, witness fees, and other expenses.
SECTION 2. (a) Not later than April 30, 2010, the Texas
Commission of Licensing and Regulation shall adopt rules required
by Chapter 1306, Occupations Code, as added by this Act.
(b) Notwithstanding Chapter 1306, Occupations Code, as
added by this Act:
(1) a crane operator is not required to hold a
registration under that chapter until September 1, 2010; and
(2) a crane is not required to be registered under
that chapter until September 1, 2011.
SECTION 3. (a) Except as provided by Subsections (b) and
(c) of this section, this Act takes effect September 1, 2009.
(b) Section 1306.101, Occupations Code, as added by this
Act, takes effect September 1, 2010.
(c) Section 1306.103, Occupations Code, as added by this
Act, takes effect January 1, 2011.