TX
Texas House Bill HB1485

Texas 2021 - 87th Regular

Texas House Bill HB1485 Compare Versions

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1-87R18524 MCF-F
1+87R6046 MCF-F
22 By: Turner of Tarrant H.B. No. 1485
3- Substitute the following for H.B. No. 1485:
4- By: Guillen C.S.H.B. No. 1485
53
64
75 A BILL TO BE ENTITLED
86 AN ACT
9- relating to the regulation of elevator mechanics, elevator
10- apprentices, and contractors; requiring an occupational
11- registration.
7+ relating to the regulation of elevator mechanics and contractors;
8+ requiring an occupational registration.
129 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1310 SECTION 1. Section 754.011, Health and Safety Code, is
14- amended by amending Subdivision (13) and adding Subdivisions (14-a)
15- and (14-b) to read as follows:
11+ amended by amending Subdivision (13) and adding Subdivision (14-a)
12+ to read as follows:
1613 (13) "Contractor" means a person engaged in the
1714 business of installation, alteration, testing, repair, or
1815 maintenance of equipment. The term does not include an employee of a
1916 contractor or a person engaged in cleaning or any other work
2017 performed on equipment that does not affect the operational safety
2118 of the equipment or diminish the safety of the equipment below the
2219 level required by the ASME Code A17.1, ASME Code A17.3, ASME Code
2320 A18.1, or ASCE Code 21, as applicable.
24- (14-a) "Elevator apprentice" means an individual who
25- assists an elevator mechanic or contractor in erecting,
26- constructing, installing, altering, servicing, repairing, or
27- maintaining equipment.
28- (14-b) "Elevator mechanic" means an individual who is
21+ (14-a) "Elevator mechanic" means an individual who is
2922 engaged in erecting, constructing, installing, altering,
3023 servicing, repairing, or maintaining equipment.
31- SECTION 2. Section 754.015(a), Health and Safety Code, is
32- amended to read as follows:
33- (a) The commission by rule shall provide for:
34- (1) an annual inspection and certification of the
35- equipment covered by standards adopted under this chapter;
36- (2) enforcement of those standards;
37- (3) registration, including certification, of
38- elevator inspectors, elevator mechanics, and elevator apprentices;
39- (4) registration of contractors;
40- (5) the procedures by which a certificate of
41- compliance is issued and displayed;
42- (6) notification to building owners, architects, and
43- other building industry professionals regarding the necessity of
44- annually inspecting equipment;
45- (7) approval of continuing education programs for
46- registered elevator inspectors;
47- (8) standards of conduct for individuals who are
48- registered under this chapter;
49- (9) general liability insurance written by an insurer
50- authorized to engage in the business of insurance in this state or
51- an eligible surplus lines insurer, as defined by Section 981.002,
52- Insurance Code, as a condition of contractor registration with
53- coverage of not less than:
54- (A) $1 million for each single occurrence of
55- bodily injury or death; and
56- (B) $500,000 for each single occurrence of
57- property damage;
58- (10) the submission and review of plans for the
59- installation or alteration of equipment;
60- (11) continuing education requirements for renewal of
61- contractor registration;
62- (12) maintenance control programs, maintenance,
63- repair, and parts manuals, and product-specific inspection,
64- testing, and maintenance procedures;
65- (13) the method and manner of reporting accidents and
66- reportable conditions to the department; and
67- (14) an owner's designation of an agent for purposes of
68- this chapter.
69- SECTION 3. Chapter 754, Health and Safety Code, is amended
70- by adding Sections 754.0165 and 754.0166 to read as follows:
24+ SECTION 2. Chapter 754, Health and Safety Code, is amended
25+ by adding Section 754.0165 to read as follows:
7126 Sec. 754.0165. ELEVATOR MECHANIC REGISTRATION. (a) An
7227 individual may not erect, construct, install, alter, service,
7328 repair, or maintain equipment unless the individual is:
7429 (1) registered as an elevator mechanic with the
7530 department as required by this section; or
7631 (2) employed by a contractor registered under this
7732 chapter and supervised by a registered elevator mechanic.
7833 (b) An applicant for elevator mechanic registration or
7934 renewal of registration, as applicable, shall submit an application
8035 to the department in the form and manner prescribed by the
8136 department.
8237 (c) An applicant for a registration must submit with the
83- application:
84- (1) a certificate of completion or proof of a
85- certificate of completion from:
86- (A) a nationally recognized training program for
87- the elevator industry;
88- (B) an elevator constructor apprenticeship
89- program approved by the United States Department of Labor or a
90- similar federal program for other equipment; or
91- (C) an equivalent program acceptable to the
92- department; or
93- (2) verifiable evidence in the form and manner
94- prescribed by the department that the applicant has five years of
95- experience erecting, constructing, installing, altering,
96- servicing, repairing, or maintaining equipment.
38+ application a certificate of completion or proof of a certificate
39+ of completion from:
40+ (1) a nationally recognized training program for the
41+ elevator industry;
42+ (2) an elevator constructor apprenticeship program
43+ approved by the United States Department of Labor or a similar
44+ federal program for other equipment; or
45+ (3) an equivalent program acceptable to the
46+ department.
9747 (d) An applicant for a renewal of registration must submit
9848 with the application proof of completion of continuing education
9949 related to the erection, construction, installation, alteration,
10050 servicing, repair, or maintenance of equipment in accordance with
10151 commission rule.
102- (e) The commission by rule shall issue a limited elevator
103- mechanic registration. The commission shall adopt rules to
104- implement this subsection, including rules to:
105- (1) establish the required qualifications for the
106- limited elevator mechanic registration; and
107- (2) restrict the scope and location of practice of an
108- elevator mechanic who receives a limited elevator mechanic
109- registration.
110- (f) A registration issued under this section expires on the
52+ (e) A registration issued under this section expires on the
11153 first anniversary of the date of issuance.
112- Sec. 754.0166. ELEVATOR APPRENTICE REGISTRATION. (a) An
113- individual may not assist an elevator mechanic or contractor in
114- erecting, constructing, installing, altering, servicing,
115- repairing, or maintaining equipment unless the individual is:
116- (1) registered as an elevator apprentice as required
117- by this section; or
118- (2) employed by a contractor registered under this
119- chapter and supervised by a registered elevator mechanic.
120- (b) An applicant for elevator apprentice registration or
121- renewal of registration, as applicable, shall submit an application
122- to the department in the form and manner prescribed by the
123- department.
124- (c) An applicant for a renewal of registration must submit
125- with the application proof of completion of continuing education
126- related to the erection, construction, installation, alteration,
127- servicing, repair, or maintenance of equipment in accordance with
128- commission rule.
129- (d) A registration issued under this section expires on the
130- first anniversary of the date of issuance.
131- SECTION 4. Section 754.0171(a), Health and Safety Code, is
54+ SECTION 3. Section 754.0171(a), Health and Safety Code, is
13255 amended to read as follows:
13356 (a) A person may not be engaged in the business of
13457 installing, altering, testing, repairing, or maintaining [install,
13558 repair, alter, test, or maintain] equipment without registering as
13659 a contractor with the department as required by this chapter.
137- SECTION 5. Chapter 754, Health and Safety Code, is amended
60+ SECTION 4. Chapter 754, Health and Safety Code, is amended
13861 by adding Section 754.01715 to read as follows:
13962 Sec. 754.01715. CONTRACTOR RESPONSIBILITIES. A contractor
14063 may not employ, contract with, or obtain the services of a person to
14164 install, alter, test, repair, or maintain equipment on the
142- contractor's behalf unless the person is an elevator mechanic or
143- elevator apprentice registered under this chapter.
144- SECTION 6. The heading to Section 754.0174, Health and
65+ contractor's behalf unless the person is an elevator mechanic
66+ registered under this chapter.
67+ SECTION 5. The heading to Section 754.0174, Health and
14568 Safety Code, is amended to read as follows:
14669 Sec. 754.0174. CONTINUING EDUCATION FOR RENEWAL OF ELEVATOR
147- INSPECTOR, ELEVATOR MECHANIC, ELEVATOR APPRENTICE, AND CONTRACTOR
148- REGISTRATIONS.
149- SECTION 7. Section 754.0174, Health and Safety Code, is
70+ INSPECTOR, ELEVATOR MECHANIC, AND CONTRACTOR REGISTRATIONS.
71+ SECTION 6. Section 754.0174, Health and Safety Code, is
15072 amended by adding Subsection (a-2) to read as follows:
151- (a-2) Each registered elevator mechanic and elevator
152- apprentice must complete continuing education requirements set by
153- commission rule before the elevator mechanic or elevator apprentice
154- may renew the elevator mechanic's or elevator apprentice's
155- registration.
156- SECTION 8. Section 754.021, Health and Safety Code, is
73+ (a-2) Each registered elevator mechanic must complete
74+ continuing education requirements set by commission rule before the
75+ elevator mechanic may renew the elevator mechanic's registration.
76+ SECTION 7. Section 754.021, Health and Safety Code, is
15777 amended to read as follows:
15878 Sec. 754.021. LIST OF REGISTERED ELEVATOR INSPECTORS,
159- ELEVATOR MECHANICS, ELEVATOR APPRENTICES, AND CONTRACTORS;
160- PERSONNEL. The executive director shall:
79+ ELEVATOR MECHANICS, AND CONTRACTORS; PERSONNEL. The executive
80+ director shall:
16181 (1) compile a list of elevator inspectors, elevator
162- mechanics, elevator apprentices, and contractors who are
163- registered with the department; and
82+ mechanics, and contractors who are registered with the department;
83+ and
16484 (2) employ personnel who are necessary to enforce this
16585 chapter.
166- SECTION 9. (a) The Texas Commission of Licensing and
86+ SECTION 8. (a) The Texas Commission of Licensing and
16787 Regulation shall adopt rules necessary to implement the changes in
168- law made by this Act not later than March 31, 2022.
169- (b) Notwithstanding Section 754.0165 or 754.0166, Health
170- and Safety Code, as added by this Act, an individual is not required
171- to comply with those sections until November 1, 2022.
172- SECTION 10. The changes in law made by this Act apply only
173- to an application or renewal application for registration as a
88+ law made by this Act not later than February 1, 2022.
89+ (b) Notwithstanding Section 754.0165, Health and Safety
90+ Code, as added by this Act, an individual is not required to comply
91+ with that section until June 1, 2022.
92+ SECTION 9. The changes in law made by this Act apply only to
93+ an application or renewal application for registration as a
17494 contractor under Chapter 754, Health and Safety Code, as amended by
175- this Act, filed on or after November 1, 2022. An application or
176- renewal application for registration as a contractor under that
177- chapter filed before November 1, 2022, is governed by the law in
178- effect immediately before the effective date of this Act, and that
179- law is continued in effect for that purpose.
180- SECTION 11. An individual who has engaged in the practice of
181- erecting, constructing, installing, altering, servicing,
182- repairing, or maintaining equipment as defined by Section 754.011,
183- Health and Safety Code, in this state for at least five years
184- preceding the effective date of this Act is entitled to obtain a
185- registration under Section 754.0165, Health and Safety Code, as
186- added by this Act, if before September 1, 2022, the person:
187- (1) submits an application in the form and manner
188- prescribed by the Texas Department of Licensing and Regulation; and
189- (2) pays the required registration fee.
190- SECTION 12. This Act takes effect September 1, 2021.
95+ this Act, filed on or after June 1, 2022. An application or renewal
96+ application for registration as a contractor under that chapter
97+ filed before June 1, 2022, is governed by the law in effect
98+ immediately before the effective date of this Act, and that law is
99+ continued in effect for that purpose.
100+ SECTION 10. This Act takes effect September 1, 2021.