82R5075 YDB-D
By: Brown H.B. No. 1580
A BILL TO BE ENTITLED
AN ACT
relating to the training and certification of state agency
employees or contractors performing service work on pressure
vessels.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 9, Health and Safety Code, is
amended by adding Chapter 761 to read as follows:
CHAPTER 761. PRESSURE VESSELS
Sec. 761.001. DEFINITIONS. In this chapter:
(1) "Pressure vessel" means an autoclave, sterilizer,
laboratory washer, or other strong, steam-heated vessel able to
withstand high temperatures and pressures that is used for
laboratory experiments or sterilization of tools, instruments,
equipment, or culture media.
(2) "State agency" means:
(A) a board, commission, department, office, or
other agency that is in the executive branch of state government and
that was created by the Texas Constitution or a state statute and
includes an institution of higher education as defined by Section
61.003, Education Code;
(B) the legislature or a legislative agency; and
(C) the supreme court, the court of criminal
appeals, a court of appeals, the State Bar of Texas, or another
state judicial agency.
Sec. 761.002. TRAINING AND CERTIFICATE REQUIRED. (a) An
employee or independent contractor of a state agency or of a person
who has contracted with a state agency to perform pressure vessel
service work may not perform service work on a pressure vessel owned
or used by the agency unless:
(1) the individual performing the service work is
trained and certified to perform service work on the type of
pressure vessel owned or used by the agency; and
(2) the individual provides to the agency a copy of the
certificate authorizing the individual to perform service work on
the type of pressure vessel owned or used by the agency.
(b) An individual for whom training and certification are
required under Subsection (a)(1) may obtain the training and
certification from:
(1) the manufacturer of the pressure vessel owned or
used by the state agency;
(2) a manufacturer of a pressure vessel that is
similar to the type of pressure vessel owned or used by the agency,
as determined by the agency; or
(3) an accredited pressure vessel training school
approved by the agency.
Sec. 761.003. STATE AGENCY RECORDS. A state agency that has
an employee or independent contractor of the agency perform service
work on a pressure vessel owned or used by the agency or that
contracts with a person for the performance of service work on the
pressure vessel shall retain in its records each certificate copy
received by the agency under Section 762.002(a)(2) until the agency
disposes of the pressure vessel.
SECTION 2. Notwithstanding Chapter 761, Health and Safety
Code, as added by this Act, an individual is not required to be
trained and certified as required by that chapter and a state agency
is not required to retain a copy of the certificate required by that
chapter until October 1, 2011.
SECTION 3. This Act takes effect September 1, 2011.