Texas 2023 - 88th Regular

Texas House Bill HB3344 Compare Versions

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Version 2 (New)

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1	1	88R12820 LRM-D
2	2	By: King of Hemphill H.B. No. 3344
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to elevator inspection requirements in buildings with four
8	8	stories or less.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 754.015(a) and (c), Health and Safety
11	11	Code, are amended to read as follows:
12	12	(a) The commission by rule shall provide for:
13	13	(1) except as provided by Subdivision (2), an annual
14	14	inspection and certification of the equipment covered by standards
15	15	adopted under this chapter;
16	16	(2) to the extent authorized by rules adopted under
17	17	the Americans with Disabilities Act of 1990 (42 U.S.C. Section
18	18	12101 et seq.) and by other federal law, an elevator inspection at
19	19	least every five years of a building with not more than four stories
20	20	and for certification of each elevator in the building;
21	21	(3) enforcement of the [those] standards adopted under
22	22	this chapter;
23	23	(4) [(3)] registration, including certification, of
24	24	elevator inspectors;
25	25	(5) [(4)] registration of contractors;
26	26	(6) [(5)] the procedures by which a certificate of
27	27	compliance is issued and displayed;
28	28	(7) [(6)] notification to building owners,
29	29	architects, and other building industry professionals regarding
30	30	the necessity of annually inspecting equipment;
31	31	(8) [(7)] approval of continuing education programs
32	32	for registered elevator inspectors;
33	33	(9) [(8)] standards of conduct for individuals who are
34	34	registered under this chapter;
35	35	(10) [(9)] general liability insurance written by an
36	36	insurer authorized to engage in the business of insurance in this
37	37	state or an eligible surplus lines insurer, as defined by Section
38	38	981.002, Insurance Code, as a condition of contractor registration
39	39	with coverage of not less than:
40	40	(A) $1 million for each single occurrence of
41	41	bodily injury or death; and
42	42	(B) $500,000 for each single occurrence of
43	43	property damage;
44	44	(11) [(10)] the submission and review of plans for the
45	45	installation or alteration of equipment;
46	46	(12) [(11)] continuing education requirements for
47	47	renewal of contractor registration;
48	48	(13) [(12)] maintenance control programs,
49	49	maintenance, repair, and parts manuals, and product-specific
50	50	inspection, testing, and maintenance procedures;
51	51	(14) [(13)] the method and manner of reporting
52	52	accidents and reportable conditions to the department; and
53	53	(15) [(14)] an owner's designation of an agent for
54	54	purposes of this chapter.
55	55	(c) The commission by rule may require a reinspection or
56	56	recertification of equipment if:
57	57	(1) the equipment has been altered;
58	58	(2) the equipment poses a significant threat to
59	59	passenger or worker safety; or
60	60	(3) an [annual] inspection report indicates an
61	61	existing violation has continued longer than permitted in a delay
62	62	granted by the executive director.
63	63	SECTION 2. Section 754.0235(a), Health and Safety Code, is
64	64	amended to read as follows:
65	65	(a) An emergency order issued in accordance with Section
66	66	754.0234 may also direct an owner to disconnect power to or lock out
67	67	equipment if:
68	68	(1) the department determines imminent and
69	69	significant danger to passenger or worker safety exists if action
70	70	is not taken immediately; [or]
71	71	(2) an annual inspection described by Section
72	72	754.015(a)(1) has not been performed in more than two years; or
73	73	(3) an inspection described by Section 754.015(a)(2)
74	74	has not been performed in more than six years.
75	75	SECTION 3. As soon as practicable after the effective date
76	76	of this Act, the Texas Commission of Licensing and Regulation shall
77	77	adopt rules necessary to implement the change in law made by this
78	78	Act.
79	79	SECTION 4. This Act takes effect September 1, 2023.