By: Eltife S.B. No. 1441
(In the Senate - Filed March 12, 2015; March 18, 2015, read
first time and referred to Committee on Business and Commerce;
April 8, 2015, reported favorably by the following vote: Yeas 9,
Nays 0; April 8, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to standards for elevators, escalators, and related
equipment; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 754.014(a), Health and Safety Code, is
amended to read as follows:
(a) The commission by rule shall adopt standards for the
installation, maintenance, alteration, operation, testing, removal
from service, and inspection of equipment used by the public in:
(1) buildings owned or operated by the state, a
state-owned institution or agency, or a political subdivision of
the state; and
(2) buildings that contain equipment that is open to
the general public, including a hotel, motel, apartment house,
boardinghouse, church, office building, shopping center, or other
commercial establishment.
SECTION 2. Section 754.015, Health and Safety Code, is
amended by adding Subsection (c-1) and amending Subsection (d) to
read as follows:
(c-1) The commission by rule may adopt requirements for
inspection and certification of equipment that is transferred to
another person.
(d) The executive director may charge a reasonable fee as
set by the commission for:
(1) registering or renewing registration of an
elevator 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 plans for the installation
or alteration of equipment;
(6) reviewing and approving continuing education
providers and courses for renewal of elevator inspector and
contractor registrations;
(7) applying for a waiver, new technology variance, or
delay; [and]
(8) attending a continuing education program
sponsored by the department for registered elevator inspectors; and
(9) applying to remove equipment from service.
SECTION 3. Section 754.019(a), Health and Safety Code, is
amended to read as follows:
(a) The owner shall:
(1) have the equipment inspected annually by a
registered elevator inspector, unless the equipment has been
removed from service in accordance with commission rules;
(2) obtain an inspection report from the inspector
evidencing that all equipment in a building on the real property was
inspected in accordance with this chapter and rules adopted under
this chapter;
(3) file with the executive director each inspection
report, and all applicable fees, not later than the 30th calendar
day after the date on which an inspection is made under this
chapter;
(4) display the certificate of compliance for the
equipment in a publicly visible area as defined by commission rule;
and
(5) maintain the equipment in compliance with the
standards and codes adopted under commission rules.
SECTION 4. As soon as practicable after the effective date
of this Act, the Texas Commission of Licensing and Regulation shall
adopt the rules necessary to implement the changes in law made by
this Act.
SECTION 5. 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, 2015.
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