87R6046 MCF-F
By: Powell S.B. No. 1863
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of elevator mechanics and contractors;
requiring an occupational registration.
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 (14-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.
(14-a) "Elevator 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. ELEVATOR MECHANIC REGISTRATION. (a) An
individual may not erect, construct, install, alter, service,
repair, or maintain equipment unless the individual is:
(1) registered as an elevator mechanic with the
department as required by this section; or
(2) employed by a contractor registered under this
chapter and supervised by a registered elevator mechanic.
(b) An applicant for elevator mechanic registration or
renewal of registration, as applicable, shall submit an application
to the department in the form and manner prescribed by the
department.
(c) An applicant for a registration must submit with the
application a certificate of completion or proof of a certificate
of completion from:
(1) a nationally recognized training program for the
elevator industry;
(2) an elevator constructor apprenticeship program
approved by the United States Department of Labor or a similar
federal program for other equipment; or
(3) an equivalent program acceptable to the
department.
(d) An applicant for a renewal of registration must submit
with the application proof of completion of continuing education
related to the erection, construction, installation, alteration,
servicing, repair, or maintenance of equipment in accordance with
commission rule.
(e) A registration issued under this section expires on the
first anniversary of the date of issuance.
SECTION 3. Section 754.0171(a), Health and Safety Code, is
amended to read as follows:
(a) A person may not be engaged in the business of
installing, altering, testing, repairing, or maintaining [install,
repair, alter, test, or maintain] equipment without registering as
a contractor with the department as required by this chapter.
SECTION 4. Chapter 754, Health and Safety Code, is amended
by adding Section 754.01715 to read as follows:
Sec. 754.01715. CONTRACTOR RESPONSIBILITIES. A contractor
may not employ, contract with, or obtain the services of a person to
install, alter, test, repair, or maintain equipment on the
contractor's behalf unless the person is an elevator mechanic
registered under this chapter.
SECTION 5. The heading to Section 754.0174, Health and
Safety Code, is amended to read as follows:
Sec. 754.0174. CONTINUING EDUCATION FOR RENEWAL OF ELEVATOR
INSPECTOR, ELEVATOR MECHANIC, AND CONTRACTOR REGISTRATIONS.
SECTION 6. Section 754.0174, Health and Safety Code, is
amended by adding Subsection (a-2) to read as follows:
(a-2) Each registered elevator mechanic must complete
continuing education requirements set by commission rule before the
elevator mechanic may renew the elevator mechanic's registration.
SECTION 7. Section 754.021, Health and Safety Code, is
amended to read as follows:
Sec. 754.021. LIST OF REGISTERED ELEVATOR INSPECTORS,
ELEVATOR MECHANICS, AND CONTRACTORS; PERSONNEL. The executive
director shall:
(1) compile a list of elevator inspectors, elevator
mechanics, and contractors who are registered with the department;
and
(2) employ personnel who are necessary to enforce this
chapter.
SECTION 8. (a) The Texas Commission of Licensing and
Regulation shall adopt rules necessary to implement the changes in
law made by this Act not later than February 1, 2022.
(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 June 1, 2022.
SECTION 9. 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 June 1, 2022. An application or renewal
application for registration as a contractor under that chapter
filed before June 1, 2022, 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 10. This Act takes effect September 1, 2021.