82R23132 JSC-F
By: Hamilton H.B. No. 2643
Substitute the following for H.B. No. 2643:
By: Harless C.S.H.B. No. 2643
A BILL TO BE ENTITLED
AN ACT
relating to safety standards for elevators, escalators, and related
equipment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 754.015(a), (b), and (d), Health and
Safety Code, are amended to read as follows:
(a) The commission by rule shall provide for:
(1) an annual inspection and certification of the
equipment covered by standards adopted under this subchapter;
(2) enforcement of those standards;
(3) registration of qualified inspectors and
contractors;
(4) the form of inspection documents, contractor
reports, and certificates of compliance;
(5) notification to building owners, architects, and
other building industry professionals regarding the necessity of
annually inspecting equipment;
(6) approval of continuing education programs for
registered QEI-1 certified inspectors; [and]
(7) standards of conduct for individuals who are
registered under this subchapter;
(8) general liability insurance as a condition of
contractor registration with coverage of not less than:
(A) $1 million for each single occurrence of
bodily injury or death; and
(B) $500,000 for each single occurrence of
property damage;
(9) the submission and review of proposed plans for
installation or alteration of equipment; and
(10) continuing education requirements for renewal of
contractor registration.
(b) The commission by rule may not:
(1) require inspections of equipment to be made more
often than every 12 months, except as provided by Subsection (c);
(2) require persons to post a bond or furnish
insurance or to have minimum experience or education as a condition
of certification or registration, except as otherwise provided by
this chapter;
[(3) require building owners to submit to the
department proposed plans for equipment installation or
alteration;] or
(3) [(4)] prohibit a QEI-1 certified inspector who is
registered with the department from inspecting equipment.
(d) The executive director may charge a reasonable fee as
set by the commission for:
(1) registering or renewing registration of an
inspector;
(2) registering or renewing registration of a
contractor;
(3) applying for a certificate of compliance;
(4) filing an inspection report as required by Section
754.019(a)(3), 30 days or more after the date the report is due, for
each day the report remains not filed after the date the report is
due;
(5) submitting for review proposals to install or
alter equipment;
(6) reviewing and approving continuing education
providers and courses for renewal of contractor registration;
(7) applying for a waiver, variance, or delay; and
(8) [(6)] attending a continuing education program
sponsored by the department for registered QEI-1 inspectors.
SECTION 2. Section 754.0171(b), Health and Safety Code, is
amended to read as follows:
(b) A contractor shall submit an application for
registration or renewal of registration, as applicable, and pay
appropriate fees to the department. The registration application
form shall [may] require:
(1) information concerning the background,
experience, and [or] identity of the applicant;
(2) designation of and information regarding the
responsible party or parties under Section 754.0173; and
(3) documentation of fulfillment of the continuing
education requirements for renewal of registration, if applicable.
SECTION 3. Subchapter B, Chapter 754, Health and Safety
Code, is amended by adding Sections 754.0173 and 754.0174 to read as
follows:
Sec. 754.0173. DESIGNATION OF RESPONSIBLE PARTY OR PARTIES.
(a) Each contractor who registers with the department must
designate at least one but not more than two responsible parties.
(b) A responsible party designated under this section must:
(1) have a minimum of three years of elevator
contractor experience related to elevator installation, repair,
and maintenance; and
(2) comply with the education, training, and
continuing education requirements as determined by commission rule
in order for an elevator contractor to renew an elevator contractor
registration.
(c) The commission shall adopt rules regarding
documentation of the required training and completion of the
continuing education to accompany the application for
registration.
(d) A responsible party may be added to or removed from the
registration at any time by providing written notice to the
department. If a responsible party is added to a registration, the
written notice must include evidence that the responsible party
meets the requirements of this section.
Sec. 754.0174. CONTINUING EDUCATION FOR RENEWAL OF
CONTRACTOR REGISTRATIONS. (a) Each contractor's responsible party
must complete continuing education requirements set by commission
rule before the contractor may renew the contractor's registration.
(b) A provider of continuing education under this section
must:
(1) register with the department; and
(2) comply with rules adopted by the commission
relating to continuing education for elevator contractors and a
contractor's designated responsible party.
SECTION 4. (a) The Texas Commission of Licensing and
Regulation shall adopt the rules required by Section 754.015(a)(8),
Health and Safety Code, as added by this Act, not later than January
1, 2012.
(b) The Texas Commission of Licensing and Regulation shall
adopt the rules required by Sections 754.015(a)(9) and (10), Health
and Safety Code, as added by this Act, not later than June 1, 2012.
SECTION 5. (a) The rules adopted under Section
754.015(a)(8), Health and Safety Code, as added by this Act, apply
only to an application or renewal application for registration of a
contractor filed on or after March 31, 2012. An application or
renewal application for registration of a contractor filed before
that date is governed by the law in effect immediately before the
effective date of this Act, and the former law is continued in
effect for that purpose.
(b) The rules adopted under Section 754.015(a)(9), Health
and Safety Code, as added by this Act, apply only to installation or
alteration of equipment performed under a contract or work order
entered into or issued on or after September 1, 2012. Installation
or alteration of equipment performed under a contract or work order
entered into or issued before September 1, 2012, is governed by the
law in effect immediately before the effective date of this Act, and
the former law is continued in effect for that purpose.
(c) Section 754.0173, Health and Safety Code, as added by
this Act, applies only to a registration issued or renewed on or
after September 1, 2011. A registration issued or renewed before
September 1, 2011, is covered by the law in effect immediately
before the effective date of this Act, and the former law is
continued in effect for that purpose.
(d) Section 754.0174, Health and Safety Code, as added by
this Act, and the rules adopted under Section 754.015(a)(10),
Health and Safety Code, as added by this Act, apply only to a
renewal of registration issued on or after January 1, 2013. A
renewal of registration issued before January 1, 2013, is covered
by the law in effect immediately before the effective date of this
Act, and the former law is continued in effect for that purpose.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.