1 | 1 | | By: Brown (Senate Sponsor - Carona) H.B. No. 1580 |
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2 | 2 | | (In the Senate - Received from the House May 13, 2011; |
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3 | 3 | | May 13, 2011, read first time and referred to Committee on Business |
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4 | 4 | | and Commerce; May 18, 2011, reported favorably by the following |
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5 | 5 | | vote: Yeas 8, Nays 0; May 18, 2011, sent to printer.) |
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6 | 6 | | |
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7 | 7 | | |
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8 | 8 | | A BILL TO BE ENTITLED |
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9 | 9 | | AN ACT |
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10 | 10 | | relating to the training and certification of state agency |
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11 | 11 | | employees or contractors performing service work on pressure |
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12 | 12 | | vessels. |
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13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 14 | | SECTION 1. Subtitle A, Title 9, Health and Safety Code, is |
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15 | 15 | | amended by adding Chapter 761 to read as follows: |
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16 | 16 | | CHAPTER 761. PRESSURE VESSELS |
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17 | 17 | | Sec. 761.001. DEFINITIONS. In this chapter: |
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18 | 18 | | (1) "Pressure vessel" means an autoclave, sterilizer, |
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19 | 19 | | laboratory washer, or other strong, steam-heated vessel able to |
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20 | 20 | | withstand high temperatures and pressures that is used for |
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21 | 21 | | laboratory experiments or sterilization of tools, instruments, |
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22 | 22 | | equipment, or culture media. |
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23 | 23 | | (2) "State agency" means: |
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24 | 24 | | (A) a board, commission, department, office, or |
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25 | 25 | | other agency that is in the executive branch of state government and |
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26 | 26 | | that was created by the Texas Constitution or a state statute and |
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27 | 27 | | includes an institution of higher education as defined by Section |
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28 | 28 | | 61.003, Education Code; |
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29 | 29 | | (B) the legislature or a legislative agency; and |
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30 | 30 | | (C) the supreme court, the court of criminal |
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31 | 31 | | appeals, a court of appeals, the State Bar of Texas, or another |
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32 | 32 | | state judicial agency. |
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33 | 33 | | Sec. 761.002. TRAINING AND CERTIFICATE REQUIRED. (a) An |
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34 | 34 | | employee or independent contractor of a state agency or of a person |
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35 | 35 | | who has contracted with a state agency to perform pressure vessel |
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36 | 36 | | service work may not perform service work on a pressure vessel owned |
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37 | 37 | | or used by the agency unless: |
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38 | 38 | | (1) the individual performing the service work is |
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39 | 39 | | trained and certified to perform service work on the type of |
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40 | 40 | | pressure vessel owned or used by the agency; and |
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41 | 41 | | (2) the individual provides to the agency a copy of the |
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42 | 42 | | certificate authorizing the individual to perform service work on |
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43 | 43 | | the type of pressure vessel owned or used by the agency. |
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44 | 44 | | (b) An individual for whom training and certification are |
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45 | 45 | | required under Subsection (a)(1) may obtain the training and |
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46 | 46 | | certification from: |
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47 | 47 | | (1) the manufacturer of the pressure vessel owned or |
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48 | 48 | | used by the state agency; |
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49 | 49 | | (2) a manufacturer of a pressure vessel that is |
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50 | 50 | | similar to the type of pressure vessel owned or used by the agency, |
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51 | 51 | | as determined by the agency; or |
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52 | 52 | | (3) an accredited pressure vessel training school |
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53 | 53 | | approved by the agency. |
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54 | 54 | | Sec. 761.003. STATE AGENCY RECORDS. A state agency that has |
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55 | 55 | | an employee or independent contractor of the agency perform service |
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56 | 56 | | work on a pressure vessel owned or used by the agency or that |
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57 | 57 | | contracts with a person for the performance of service work on the |
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58 | 58 | | pressure vessel shall retain in its records each certificate copy |
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59 | 59 | | received by the agency under Section 762.002(a)(2) until the agency |
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60 | 60 | | disposes of the pressure vessel. |
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61 | 61 | | SECTION 2. Notwithstanding Chapter 761, Health and Safety |
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62 | 62 | | Code, as added by this Act, an individual is not required to be |
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63 | 63 | | trained and certified as required by that chapter and a state agency |
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64 | 64 | | is not required to retain a copy of the certificate required by that |
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65 | 65 | | chapter until October 1, 2011. |
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66 | 66 | | SECTION 3. This Act takes effect September 1, 2011. |
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67 | 67 | | * * * * * |
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