By: Turner of Tarrant H.B. No. 4086
A BILL TO BE ENTITLED
AN ACT
relating to standards for and regulation of elevators, escalators,
and similar equipment in single-family dwellings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 754.013, Health and Safety Code, is
amended to read as follows:
Sec. 754.013. BOARD DUTIES. To protect public safety and to
identify and correct potential hazards, the board shall advise the
commission on:
(1) the adoption of appropriate standards for the
installation, maintenance, alteration, operation, testing, and
inspection of equipment;
(2) the status of equipment used by the public in this
state;
(3) sources of information relating to equipment
safety;
(4) public awareness programs related to equipment
[elevator] safety, including programs for sellers and buyers of
single-family dwellings with equipment [elevators, chairlifts, or
platform lifts]; and
(5) any other matter considered relevant by the
commission.
SECTION 2. Section 754.0141, Health and Safety Code, is
amended to read as follows:
Sec. 754.0141. STANDARDS FOR EQUIPMENT IN SINGLE-FAMILY
DWELLINGS; REQUIRED INFORMATION. (a) Equipment [Elevators,
chairlifts, or platform lifts] installed in a single-family
dwelling on or after January 1, 2004, must comply with the ASME Code
A17.1 or A18.1, as applicable. Equipment installed or altered in a
single-family dwelling[, and] must be inspected by a registered
elevator inspector after the installation or alteration is
complete. The inspector shall provide the dwelling owner a copy of
the inspection report.
(b) The commission shall adopt rules containing minimum
safety standards for:
(1) [that must be used by] registered elevator
inspectors to use when inspecting equipment installed in
single-family dwellings; and
(2) registered contractors to use when installing,
altering, testing, or removing from service any unit of equipment
[elevators, chairlifts, and platform lifts] installed in
single-family dwellings.
(b-1) The rules adopted under Subsection (b) must require a
registered contractor to submit to the department for the
department's review plans for installing or altering any equipment
in a single-family dwelling.
(c) A municipality may withhold a certificate of occupancy
for a dwelling or for the installation or alteration of equipment
[the elevator or chairlift] until the owner provides a copy of the
inspection report to the municipality.
(d) A registered elevator inspector or registered
contractor who removes from service [is not required to report to
the department any information concerning] equipment in a
single-family dwelling shall provide documentation of the removal
to the dwelling owner and the department [or the contractor's work
on the equipment].
(e) On completing installation or alteration of equipment
in a single-family dwelling, a registered contractor shall provide
the dwelling owner with relevant information, in writing, about
use, safety, and maintenance of the equipment, including the
advisability of having the equipment annually [periodically and
timely] inspected by a registered elevator inspector.
(f) An inspection by a registered elevator inspector of
equipment in a single-family dwelling may be performed only at the
request and with the consent of the owner. The owner of a
single-family dwelling is not subject to Section 754.019, 754.0231,
754.0232, 754.0233, 754.0234, or 754.0235.
(g) A registered contractor who installs or alters an
elevator in a single-family dwelling shall:
(1) ensure the space between the hoistway face of the
landing door or gate and the hoistway face of the car door or gate
does not exceed four inches; and
(2) as necessary install a space guard or equivalent
product that ensures the space requirement of Subdivision (1) is
satisfied.
SECTION 3. Section 754.015(a), Health and Safety Code, is
amended to read as follows:
(a) The commission by rule shall provide for:
(1) an annual inspection and certification of the
equipment covered by standards adopted under this chapter;
(2) enforcement of those standards;
(3) registration, including certification, of
elevator inspectors;
(4) registration of contractors;
(5) the procedures by which a certificate of
compliance is issued and displayed;
(6) notification to building owners, architects, and
other building industry professionals regarding the necessity of
annually inspecting equipment;
(7) approval of continuing education programs for
registered elevator inspectors;
(8) standards of conduct for individuals who are
registered under this chapter;
(9) general liability insurance written by an insurer
authorized to engage in the business of insurance in this state or
an eligible surplus lines insurer, as defined by Section 981.002,
Insurance Code, as a condition of contractor registration with
coverage of not less than:
(A) $1 million for each single occurrence of
bodily injury or death; and
(B) $500,000 for each single occurrence of
property damage;
(10) the submission and review of plans for the
installation or alteration of equipment, including equipment in a
single-family dwelling;
(11) continuing education requirements for renewal of
contractor registration;
(12) maintenance control programs, maintenance,
repair, and parts manuals, and product-specific inspection,
testing, and maintenance procedures;
(13) the method and manner of reporting accidents and
reportable conditions to the department; and
(14) an owner's designation of an agent for purposes of
this chapter.
SECTION 4. Section 754.026, Health and Safety Code, is
amended to read as follows:
Sec. 754.026. DISCLOSURE OF E-MAIL ADDRESS. (a) Except as
provided by Subsection (b) and notwithstanding [Notwithstanding]
any other law, an e-mail address provided to the department
relating to an inspection or review of plans under this chapter is
not confidential and is subject to disclosure under Chapter 552,
Government Code.
(b) Subsection (a) does not apply to an e-mail address
provided to the department relating to an inspection or review of
plans for single-family dwellings.
SECTION 5. Effective January 1, 2022, Section 754.0111(b),
Health and Safety Code, is repealed.
SECTION 6. Except as otherwise provided by this Act, this
Act takes effect September 1, 2021.