86R11367 SCL-F
By: Hernandez H.B. No. 2466
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of contractors and equipment mechanics
for elevators, escalators, and related equipment; requiring an
occupational permit; authorizing a fee; authorizing an
administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 754.011, Health and Safety Code, is
amended by amending Subdivision (13) and adding Subdivision (15-a)
to read as follows:
(13) "Contractor" means a person engaged in the
business of installation, alteration, testing, repair, or
maintenance of equipment. The term does not include an employee of a
contractor or a person engaged in cleaning or any other work
performed on equipment that does not affect the operational safety
of the equipment or diminish the safety of the equipment below the
level required by the ASME Code A17.1, ASME Code A17.3, ASME Code
A18.1, or ASCE Code 21, as applicable.
(15-a) "Equipment mechanic" means an individual who is
engaged in erecting, constructing, installing, altering,
servicing, repairing, or maintaining equipment.
SECTION 2. Chapter 754, Health and Safety Code, is amended
by adding Section 754.0165 to read as follows:
Sec. 754.0165. EQUIPMENT MECHANIC REGISTRATION. (a) An
individual may not install, repair, alter, test, or maintain
equipment unless the individual is:
(1) registered as an equipment mechanic with the
department as required by this section; or
(2) supervised by a registered equipment mechanic.
(b) An applicant for equipment mechanic registration or
renewal of registration, as applicable, shall submit an application
to the department in the form and manner prescribed by the
department. The department may impose a registration and renewal
fee in an amount not greater than the amount necessary to cover the
department's expenses in administering this chapter.
(c) An applicant for a registration must submit with the
application a certificate of completion from:
(1) a nationally recognized training program for the
equipment industry;
(2) an elevator conductor apprenticeship program
approved by the United States Department of Labor or a similar
federal program for other equipment; or
(3) an equivalent program approved by the department.
(d) An applicant for a renewal of registration must submit
with the application proof of completion of continuing education
related to the installation, repair, alteration, testing, or
maintenance of equipment in accordance with commission rule.
(e) A registration issued under this section expires on the
second anniversary of the date of issuance.
SECTION 3. Sections 754.0171(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) A person may not be engaged in the business of
installing, repairing, altering, testing, or maintaining [install,
repair, alter, test, or maintain] equipment without registering as
a contractor with the department as required by this chapter.
(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 require:
(1) information concerning the background,
experience, and 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;
and
(4) a list of all equipment mechanics employed by the
contractor.
SECTION 4. Section 754.0174(a), Health and Safety Code, is
amended to read as follows:
(a) Each contractor's responsible party and each equipment
mechanic employed by the contractor must complete continuing
education requirements set by commission rule before the contractor
may renew the contractor's registration.
SECTION 5. Section 754.021, Health and Safety Code, is
amended to read as follows:
Sec. 754.021. LIST OF REGISTERED ELEVATOR INSPECTORS,
EQUIPMENT MECHANICS, AND CONTRACTORS; PERSONNEL. The executive
director shall:
(1) compile a list of elevator inspectors, equipment
mechanics, and contractors who are registered with the department;
and
(2) employ personnel who are necessary to enforce this
chapter.
SECTION 6. Section 754.0232(a), Health and Safety Code, is
amended to read as follows:
(a) The commission or executive director may deny, suspend,
or revoke a registration under this chapter and may assess an
administrative penalty for:
(1) obtaining registration by fraud or false
representation;
(2) falsifying a report submitted to the executive
director; [or]
(3) violating this chapter or a rule adopted under
this chapter; or
(4) engaging in reckless conduct.
SECTION 7. (a) The Texas Commission of Licensing and
Regulation shall adopt rules necessary to implement the change in
law made by this Act not later than January 1, 2020.
(b) Notwithstanding Section 754.0165, Health and Safety
Code, as added by this Act, an individual is not required to comply
with that section until January 1, 2020.
SECTION 8. The changes in law made by this Act apply only to
an application or renewal application for registration as a
contractor under Chapter 754, Health and Safety Code, as amended by
this Act, filed on or after January 1, 2020. An application or
renewal application for registration as a contractor under that
chapter filed before January 1, 2020, is governed by the law in
effect immediately before the effective date of this Act, and that
law is continued in effect for that purpose.
SECTION 9. This Act takes effect September 1, 2019.