Texas 2021 - 87th Regular

Texas Senate Bill SB1863 Compare Versions

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

Old	New	Differences
1	1	87R6046 MCF-F
2	2	By: Powell S.B. No. 1863
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of elevator mechanics and contractors;
8	8	requiring an occupational registration.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 754.011, Health and Safety Code, is
11	11	amended by amending Subdivision (13) and adding Subdivision (14-a)
12	12	to read as follows:
13	13	(13) "Contractor" means a person engaged in the
14	14	business of installation, alteration, testing, repair, or
15	15	maintenance of equipment. The term does not include an employee of a
16	16	contractor or a person engaged in cleaning or any other work
17	17	performed on equipment that does not affect the operational safety
18	18	of the equipment or diminish the safety of the equipment below the
19	19	level required by the ASME Code A17.1, ASME Code A17.3, ASME Code
20	20	A18.1, or ASCE Code 21, as applicable.
21	21	(14-a) "Elevator mechanic" means an individual who is
22	22	engaged in erecting, constructing, installing, altering,
23	23	servicing, repairing, or maintaining equipment.
24	24	SECTION 2. Chapter 754, Health and Safety Code, is amended
25	25	by adding Section 754.0165 to read as follows:
26	26	Sec. 754.0165. ELEVATOR MECHANIC REGISTRATION. (a) An
27	27	individual may not erect, construct, install, alter, service,
28	28	repair, or maintain equipment unless the individual is:
29	29	(1) registered as an elevator mechanic with the
30	30	department as required by this section; or
31	31	(2) employed by a contractor registered under this
32	32	chapter and supervised by a registered elevator mechanic.
33	33	(b) An applicant for elevator mechanic registration or
34	34	renewal of registration, as applicable, shall submit an application
35	35	to the department in the form and manner prescribed by the
36	36	department.
37	37	(c) An applicant for a registration must submit with the
38	38	application a certificate of completion or proof of a certificate
39	39	of completion from:
40	40	(1) a nationally recognized training program for the
41	41	elevator industry;
42	42	(2) an elevator constructor apprenticeship program
43	43	approved by the United States Department of Labor or a similar
44	44	federal program for other equipment; or
45	45	(3) an equivalent program acceptable to the
46	46	department.
47	47	(d) An applicant for a renewal of registration must submit
48	48	with the application proof of completion of continuing education
49	49	related to the erection, construction, installation, alteration,
50	50	servicing, repair, or maintenance of equipment in accordance with
51	51	commission rule.
52	52	(e) A registration issued under this section expires on the
53	53	first anniversary of the date of issuance.
54	54	SECTION 3. Section 754.0171(a), Health and Safety Code, is
55	55	amended to read as follows:
56	56	(a) A person may not be engaged in the business of
57	57	installing, altering, testing, repairing, 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	SECTION 4. Chapter 754, Health and Safety Code, is amended
61	61	by adding Section 754.01715 to read as follows:
62	62	Sec. 754.01715. CONTRACTOR RESPONSIBILITIES. A contractor
63	63	may not employ, contract with, or obtain the services of a person to
64	64	install, alter, test, repair, or maintain equipment on the
65	65	contractor's behalf unless the person is an elevator mechanic
66	66	registered under this chapter.
67	67	SECTION 5. The heading to Section 754.0174, Health and
68	68	Safety Code, is amended to read as follows:
69	69	Sec. 754.0174. CONTINUING EDUCATION FOR RENEWAL OF ELEVATOR
70	70	INSPECTOR, ELEVATOR MECHANIC, AND CONTRACTOR REGISTRATIONS.
71	71	SECTION 6. Section 754.0174, Health and Safety Code, is
72	72	amended by adding Subsection (a-2) to read as follows:
73	73	(a-2) Each registered elevator mechanic must complete
74	74	continuing education requirements set by commission rule before the
75	75	elevator mechanic may renew the elevator mechanic's registration.
76	76	SECTION 7. Section 754.021, Health and Safety Code, is
77	77	amended to read as follows:
78	78	Sec. 754.021. LIST OF REGISTERED ELEVATOR INSPECTORS,
79	79	ELEVATOR MECHANICS, AND CONTRACTORS; PERSONNEL. The executive
80	80	director shall:
81	81	(1) compile a list of elevator inspectors, elevator
82	82	mechanics, and contractors who are registered with the department;
83	83	and
84	84	(2) employ personnel who are necessary to enforce this
85	85	chapter.
86	86	SECTION 8. (a) The Texas Commission of Licensing and
87	87	Regulation shall adopt rules necessary to implement the changes in
88	88	law made by this Act not later than February 1, 2022.
89	89	(b) Notwithstanding Section 754.0165, Health and Safety
90	90	Code, as added by this Act, an individual is not required to comply
91	91	with that section until June 1, 2022.
92	92	SECTION 9. The changes in law made by this Act apply only to
93	93	an application or renewal application for registration as a
94	94	contractor under Chapter 754, Health and Safety Code, as amended by
95	95	this Act, filed on or after June 1, 2022. An application or renewal
96	96	application for registration as a contractor under that chapter
97	97	filed before June 1, 2022, is governed by the law in effect
98	98	immediately before the effective date of this Act, and that law is
99	99	continued in effect for that purpose.
100	100	SECTION 10. This Act takes effect September 1, 2021.