| 1 | 1 | | By: Eltife S.B. No. 1441 |
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| 2 | 2 | | (In the Senate - Filed March 12, 2015; March 18, 2015, read |
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| 3 | 3 | | first time and referred to Committee on Business and Commerce; |
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| 4 | 4 | | April 8, 2015, reported favorably by the following vote: Yeas 9, |
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| 5 | 5 | | Nays 0; April 8, 2015, sent to printer.) |
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| 6 | 6 | | Click here to see the committee vote |
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| 7 | 7 | | |
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| 8 | 8 | | |
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| 9 | 9 | | A BILL TO BE ENTITLED |
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| 10 | 10 | | AN ACT |
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| 11 | 11 | | relating to standards for elevators, escalators, and related |
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| 12 | 12 | | equipment; authorizing a fee. |
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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. Section 754.014(a), Health and Safety Code, is |
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| 15 | 15 | | amended to read as follows: |
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| 16 | 16 | | (a) The commission by rule shall adopt standards for the |
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| 17 | 17 | | installation, maintenance, alteration, operation, testing, removal |
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| 18 | 18 | | from service, and inspection of equipment used by the public in: |
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| 19 | 19 | | (1) buildings owned or operated by the state, a |
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| 20 | 20 | | state-owned institution or agency, or a political subdivision of |
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| 21 | 21 | | the state; and |
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| 22 | 22 | | (2) buildings that contain equipment that is open to |
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| 23 | 23 | | the general public, including a hotel, motel, apartment house, |
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| 24 | 24 | | boardinghouse, church, office building, shopping center, or other |
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| 25 | 25 | | commercial establishment. |
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| 26 | 26 | | SECTION 2. Section 754.015, Health and Safety Code, is |
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| 27 | 27 | | amended by adding Subsection (c-1) and amending Subsection (d) to |
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| 28 | 28 | | read as follows: |
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| 29 | 29 | | (c-1) The commission by rule may adopt requirements for |
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| 30 | 30 | | inspection and certification of equipment that is transferred to |
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| 31 | 31 | | another person. |
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| 32 | 32 | | (d) The executive director may charge a reasonable fee as |
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| 33 | 33 | | set by the commission for: |
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| 34 | 34 | | (1) registering or renewing registration of an |
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| 35 | 35 | | elevator inspector; |
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| 36 | 36 | | (2) registering or renewing registration of a |
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| 37 | 37 | | contractor; |
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| 38 | 38 | | (3) applying for a certificate of compliance; |
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| 39 | 39 | | (4) filing an inspection report as required by Section |
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| 40 | 40 | | 754.019(a)(3), 30 days or more after the date the report is due, for |
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| 41 | 41 | | each day the report remains not filed after the date the report is |
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| 42 | 42 | | due; |
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| 43 | 43 | | (5) submitting for review plans for the installation |
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| 44 | 44 | | or alteration of equipment; |
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| 45 | 45 | | (6) reviewing and approving continuing education |
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| 46 | 46 | | providers and courses for renewal of elevator inspector and |
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| 47 | 47 | | contractor registrations; |
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| 48 | 48 | | (7) applying for a waiver, new technology variance, or |
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| 49 | 49 | | delay; [and] |
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| 50 | 50 | | (8) attending a continuing education program |
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| 51 | 51 | | sponsored by the department for registered elevator inspectors; and |
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| 52 | 52 | | (9) applying to remove equipment from service. |
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| 53 | 53 | | SECTION 3. Section 754.019(a), Health and Safety Code, is |
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| 54 | 54 | | amended to read as follows: |
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| 55 | 55 | | (a) The owner shall: |
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| 56 | 56 | | (1) have the equipment inspected annually by a |
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| 57 | 57 | | registered elevator inspector, unless the equipment has been |
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| 58 | 58 | | removed from service in accordance with commission rules; |
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| 59 | 59 | | (2) obtain an inspection report from the inspector |
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| 60 | 60 | | evidencing that all equipment in a building on the real property was |
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| 61 | 61 | | inspected in accordance with this chapter and rules adopted under |
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| 62 | 62 | | this chapter; |
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| 63 | 63 | | (3) file with the executive director each inspection |
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| 64 | 64 | | report, and all applicable fees, not later than the 30th calendar |
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| 65 | 65 | | day after the date on which an inspection is made under this |
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| 66 | 66 | | chapter; |
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| 67 | 67 | | (4) display the certificate of compliance for the |
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| 68 | 68 | | equipment in a publicly visible area as defined by commission rule; |
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| 69 | 69 | | and |
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| 70 | 70 | | (5) maintain the equipment in compliance with the |
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| 71 | 71 | | standards and codes adopted under commission rules. |
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| 72 | 72 | | SECTION 4. As soon as practicable after the effective date |
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| 73 | 73 | | of this Act, the Texas Commission of Licensing and Regulation shall |
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| 74 | 74 | | adopt the rules necessary to implement the changes in law made by |
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| 75 | 75 | | this Act. |
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| 76 | 76 | | SECTION 5. This Act takes effect immediately if it receives |
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| 77 | 77 | | a vote of two-thirds of all the members elected to each house, as |
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| 78 | 78 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 79 | 79 | | Act does not receive the vote necessary for immediate effect, this |
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| 80 | 80 | | Act takes effect September 1, 2015. |
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| 81 | 81 | | * * * * * |
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