Texas 2023 - 88th Regular

Texas Senate Bill SB1672 Compare Versions

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1	1	88R3377 LRM-F
2	2	By: LaMantia S.B. No. 1672
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of elevator mechanics, elevator
8	8	apprentices, and contractors; requiring an occupational
9	9	registration.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 754.011, Health and Safety Code, is
12	12	amended by amending Subdivision (13) and adding Subdivisions (14-a)
13	13	and (14-b) to read as follows:
14	14	(13) "Contractor" means a person engaged in the
15	15	business of installation, alteration, testing, repair, or
16	16	maintenance of equipment. The term does not include an employee of a
17	17	contractor or a person engaged in cleaning or any other work
18	18	performed on equipment that does not affect the operational safety
19	19	of the equipment or diminish the safety of the equipment below the
20	20	level required by the ASME Code A17.1, ASME Code A17.3, ASME Code
21	21	A18.1, or ASCE Code 21, as applicable.
22	22	(14-a) "Elevator apprentice" means an individual who
23	23	assists an elevator mechanic or contractor in erecting,
24	24	constructing, installing, altering, servicing, repairing, or
25	25	maintaining equipment.
26	26	(14-b) "Elevator mechanic" means an individual who is
27	27	engaged in erecting, constructing, installing, altering,
28	28	servicing, repairing, or maintaining equipment.
29	29	SECTION 2. Section 754.015(a), Health and Safety Code, is
30	30	amended to read as follows:
31	31	(a) The commission by rule shall provide for:
32	32	(1) an annual inspection and certification of the
33	33	equipment covered by standards adopted under this chapter;
34	34	(2) enforcement of those standards;
35	35	(3) registration, including certification, of
36	36	elevator inspectors, elevator mechanics, and elevator apprentices;
37	37	(4) registration of contractors;
38	38	(5) the procedures by which a certificate of
39	39	compliance is issued and displayed;
40	40	(6) notification to building owners, architects, and
41	41	other building industry professionals regarding the necessity of
42	42	annually inspecting equipment;
43	43	(7) approval of continuing education programs for
44	44	registered elevator inspectors;
45	45	(8) standards of conduct for individuals who are
46	46	registered under this chapter;
47	47	(9) general liability insurance written by an insurer
48	48	authorized to engage in the business of insurance in this state or
49	49	an eligible surplus lines insurer, as defined by Section 981.002,
50	50	Insurance Code, as a condition of contractor registration with
51	51	coverage of not less than:
52	52	(A) $1 million for each single occurrence of
53	53	bodily injury or death; and
54	54	(B) $500,000 for each single occurrence of
55	55	property damage;
56	56	(10) the submission and review of plans for the
57	57	installation or alteration of equipment;
58	58	(11) continuing education requirements for renewal of
59	59	contractor registration;
60	60	(12) maintenance control programs, maintenance,
61	61	repair, and parts manuals, and product-specific inspection,
62	62	testing, and maintenance procedures;
63	63	(13) the method and manner of reporting accidents and
64	64	reportable conditions to the department; and
65	65	(14) an owner's designation of an agent for purposes of
66	66	this chapter.
67	67	SECTION 3. Chapter 754, Health and Safety Code, is amended
68	68	by adding Sections 754.0165 and 754.0166 to read as follows:
69	69	Sec. 754.0165. ELEVATOR MECHANIC REGISTRATION. (a) An
70	70	individual may not erect, construct, install, alter, service,
71	71	repair, or maintain equipment unless the individual is:
72	72	(1) registered as an elevator mechanic with the
73	73	department as required by this section; or
74	74	(2) employed by a contractor registered under this
75	75	chapter and supervised by a registered elevator mechanic.
76	76	(b) An applicant for elevator mechanic registration or
77	77	registration renewal shall submit an application to the department
78	78	in the form and manner the department prescribes.
79	79	(c) An applicant for a registration must submit with the
80	80	application:
81	81	(1) a certificate of completion or proof of a
82	82	certificate of completion from:
83	83	(A) a nationally recognized training program for
84	84	the elevator industry;
85	85	(B) an elevator constructor apprenticeship
86	86	program approved by the United States Department of Labor or a
87	87	similar federal program for other equipment; or
88	88	(C) an equivalent program acceptable to the
89	89	department; or
90	90	(2) verifiable evidence in the form and manner the
91	91	department prescribes that the applicant has at least five years of
92	92	experience erecting, constructing, installing, altering,
93	93	servicing, repairing, or maintaining equipment.
94	94	(d) An applicant for registration renewal must submit with
95	95	the application proof of completion of continuing education related
96	96	to the erection, construction, installation, alteration,
97	97	servicing, repair, or maintenance of equipment in accordance with
98	98	commission rule.
99	99	(e) The commission shall adopt rules on issuance of a
100	100	limited elevator mechanic registration, including rules:
101	101	(1) on the qualifications required for the limited
102	102	elevator mechanic registration; and
103	103	(2) to restrict the scope and location of practice of
104	104	an elevator mechanic who receives a limited elevator mechanic
105	105	registration.
106	106	(f) A registration issued under this section expires on the
107	107	first anniversary of the date of issuance.
108	108	Sec. 754.0166. ELEVATOR APPRENTICE REGISTRATION. (a) An
109	109	individual may not assist an elevator mechanic or contractor in
110	110	erecting, constructing, installing, altering, servicing,
111	111	repairing, or maintaining equipment unless the individual is:
112	112	(1) registered as an elevator apprentice as required
113	113	by this section; or
114	114	(2) employed by a contractor registered under this
115	115	chapter and supervised by a registered elevator mechanic.
116	116	(b) An applicant for elevator apprentice registration or
117	117	registration renewal shall submit an application to the department
118	118	in the form and manner the department prescribes.
119	119	(c) An applicant for registration renewal must submit with
120	120	the application proof of completion of continuing education related
121	121	to the erection, construction, installation, alteration,
122	122	servicing, repair, or maintenance of equipment in accordance with
123	123	commission rule.
124	124	(d) A registration issued under this section expires on the
125	125	first anniversary of the date of issuance.
126	126	SECTION 4. Section 754.0171(a), Health and Safety Code, is
127	127	amended to read as follows:
128	128	(a) A person may not be engaged in the business of
129	129	installing, altering, testing, repairing, or maintaining [install,
130	130	repair, alter, test, or maintain] equipment unless the person
131	131	registers [without registering] as a contractor with the department
132	132	as required by this chapter.
133	133	SECTION 5. Chapter 754, Health and Safety Code, is amended
134	134	by adding Section 754.01715 to read as follows:
135	135	Sec. 754.01715. CONTRACTOR RESPONSIBILITIES. A contractor
136	136	may not employ, contract with, or obtain the services of a person to
137	137	install, alter, test, repair, or maintain equipment on the
138	138	contractor's behalf unless the person is registered as an elevator
139	139	mechanic or elevator apprentice under this chapter.
140	140	SECTION 6. Section 754.021, Health and Safety Code, is
141	141	amended to read as follows:
142	142	Sec. 754.021. LIST OF REGISTERED ELEVATOR INSPECTORS,
143	143	ELEVATOR MECHANICS, ELEVATOR APPRENTICES, AND CONTRACTORS;
144	144	PERSONNEL. The executive director shall:
145	145	(1) compile a list of elevator inspectors, elevator
146	146	mechanics, elevator apprentices, and contractors who are
147	147	registered with the department; and
148	148	(2) employ personnel who are necessary to enforce this
149	149	chapter.
150	150	SECTION 7. (a) The Texas Commission of Licensing and
151	151	Regulation shall adopt rules necessary to implement the changes in
152	152	law made by this Act not later than March 31, 2024.
153	153	(b) Notwithstanding Section 754.0165 or 754.0166, Health
154	154	and Safety Code, as added by this Act, an individual is not required
155	155	to comply with those sections until November 1, 2024.
156	156	SECTION 8. The changes in law made by this Act apply only to
157	157	an application or renewal application for registration as a
158	158	contractor under Chapter 754, Health and Safety Code, as amended by
159	159	this Act, filed on or after November 1, 2024. An application or
160	160	renewal application for registration as a contractor under that
161	161	chapter filed before November 1, 2024, is governed by the law in
162	162	effect immediately before the effective date of this Act, and that
163	163	law is continued in effect for that purpose.
164	164	SECTION 9. An individual who has engaged in the practice of
165	165	erecting, constructing, installing, altering, servicing,
166	166	repairing, or maintaining equipment as defined by Section 754.011,
167	167	Health and Safety Code, in this state for at least five years
168	168	preceding the effective date of this Act is entitled to obtain a
169	169	registration under Section 754.0165, Health and Safety Code, as
170	170	added by this Act, if before September 1, 2024, the person:
171	171	(1) submits an application in the form and manner the
172	172	Texas Department of Licensing and Regulation prescribes; and
173	173	(2) pays the required registration fee.
174	174	SECTION 10. This Act takes effect September 1, 2023.