Texas 2019 - 86th Regular

Texas House Bill HB2466 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R11367 SCL-F
2	2	By: Hernandez H.B. No. 2466
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of contractors and equipment mechanics
8	8	for elevators, escalators, and related equipment; requiring an
9	9	occupational permit; authorizing a fee; authorizing an
10	10	administrative penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 754.011, Health and Safety Code, is
13	13	amended by amending Subdivision (13) and adding Subdivision (15-a)
14	14	to read as follows:
15	15	(13) "Contractor" means a person engaged in the
16	16	business of installation, alteration, testing, repair, or
17	17	maintenance of equipment. The term does not include an employee of a
18	18	contractor or a person engaged in cleaning or any other work
19	19	performed on equipment that does not affect the operational safety
20	20	of the equipment or diminish the safety of the equipment below the
21	21	level required by the ASME Code A17.1, ASME Code A17.3, ASME Code
22	22	A18.1, or ASCE Code 21, as applicable.
23	23	(15-a) "Equipment mechanic" means an individual who is
24	24	engaged in erecting, constructing, installing, altering,
25	25	servicing, repairing, or maintaining equipment.
26	26	SECTION 2. Chapter 754, Health and Safety Code, is amended
27	27	by adding Section 754.0165 to read as follows:
28	28	Sec. 754.0165. EQUIPMENT MECHANIC REGISTRATION. (a) An
29	29	individual may not install, repair, alter, test, or maintain
30	30	equipment unless the individual is:
31	31	(1) registered as an equipment mechanic with the
32	32	department as required by this section; or
33	33	(2) supervised by a registered equipment mechanic.
34	34	(b) An applicant for equipment mechanic registration or
35	35	renewal of registration, as applicable, shall submit an application
36	36	to the department in the form and manner prescribed by the
37	37	department. The department may impose a registration and renewal
38	38	fee in an amount not greater than the amount necessary to cover the
39	39	department's expenses in administering this chapter.
40	40	(c) An applicant for a registration must submit with the
41	41	application a certificate of completion from:
42	42	(1) a nationally recognized training program for the
43	43	equipment industry;
44	44	(2) an elevator conductor apprenticeship program
45	45	approved by the United States Department of Labor or a similar
46	46	federal program for other equipment; or
47	47	(3) an equivalent program approved by the department.
48	48	(d) An applicant for a renewal of registration must submit
49	49	with the application proof of completion of continuing education
50	50	related to the installation, repair, alteration, testing, or
51	51	maintenance of equipment in accordance with commission rule.
52	52	(e) A registration issued under this section expires on the
53	53	second anniversary of the date of issuance.
54	54	SECTION 3. Sections 754.0171(a) and (b), Health and Safety
55	55	Code, are amended to read as follows:
56	56	(a) A person may not be engaged in the business of
57	57	installing, repairing, altering, testing, or maintaining [install,
58	58	repair, alter, test, or maintain] equipment without registering as
59	59	a contractor with the department as required by this chapter.
60	60	(b) A contractor shall submit an application for
61	61	registration or renewal of registration, as applicable, and pay
62	62	appropriate fees to the department. The registration application
63	63	form shall require:
64	64	(1) information concerning the background,
65	65	experience, and identity of the applicant;
66	66	(2) designation of and information regarding the
67	67	responsible party or parties under Section 754.0173; [and]
68	68	(3) documentation of fulfillment of the continuing
69	69	education requirements for renewal of registration, if applicable;
70	70	and
71	71	(4) a list of all equipment mechanics employed by the
72	72	contractor.
73	73	SECTION 4. Section 754.0174(a), Health and Safety Code, is
74	74	amended to read as follows:
75	75	(a) Each contractor's responsible party and each equipment
76	76	mechanic employed by the contractor must complete continuing
77	77	education requirements set by commission rule before the contractor
78	78	may renew the contractor's registration.
79	79	SECTION 5. Section 754.021, Health and Safety Code, is
80	80	amended to read as follows:
81	81	Sec. 754.021. LIST OF REGISTERED ELEVATOR INSPECTORS,
82	82	EQUIPMENT MECHANICS, AND CONTRACTORS; PERSONNEL. The executive
83	83	director shall:
84	84	(1) compile a list of elevator inspectors, equipment
85	85	mechanics, and contractors who are registered with the department;
86	86	and
87	87	(2) employ personnel who are necessary to enforce this
88	88	chapter.
89	89	SECTION 6. Section 754.0232(a), Health and Safety Code, is
90	90	amended to read as follows:
91	91	(a) The commission or executive director may deny, suspend,
92	92	or revoke a registration under this chapter and may assess an
93	93	administrative penalty for:
94	94	(1) obtaining registration by fraud or false
95	95	representation;
96	96	(2) falsifying a report submitted to the executive
97	97	director; [or]
98	98	(3) violating this chapter or a rule adopted under
99	99	this chapter; or
100	100	(4) engaging in reckless conduct.
101	101	SECTION 7. (a) The Texas Commission of Licensing and
102	102	Regulation shall adopt rules necessary to implement the change in
103	103	law made by this Act not later than January 1, 2020.
104	104	(b) Notwithstanding Section 754.0165, Health and Safety
105	105	Code, as added by this Act, an individual is not required to comply
106	106	with that section until January 1, 2020.
107	107	SECTION 8. The changes in law made by this Act apply only to
108	108	an application or renewal application for registration as a
109	109	contractor under Chapter 754, Health and Safety Code, as amended by
110	110	this Act, filed on or after January 1, 2020. An application or
111	111	renewal application for registration as a contractor under that
112	112	chapter filed before January 1, 2020, is governed by the law in
113	113	effect immediately before the effective date of this Act, and that
114	114	law is continued in effect for that purpose.
115	115	SECTION 9. This Act takes effect September 1, 2019.