Texas 2025 - 89th Regular

Texas House Bill HB2186 Compare Versions

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

Old	New	Differences
1	1	89R2364 LRM-F
2	2	By: Hernandez H.B. No. 2186
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the regulation of elevator mechanics, elevator
10	10	apprentices, and contractors; requiring an occupational
11	11	registration.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 754.011, Health and Safety Code, is
14	14	amended by amending Subdivision (13) and adding Subdivisions (14-a)
15	15	and (14-b) to read as follows:
16	16	(13) "Contractor" means a person engaged in the
17	17	business of installation, alteration, testing, repair, or
18	18	maintenance of equipment. The term does not include an employee of a
19	19	contractor or a person engaged in cleaning or any other work
20	20	performed on equipment that does not affect the operational safety
21	21	of the equipment or diminish the safety of the equipment below the
22	22	level required by the ASME Code A17.1, ASME Code A17.3, ASME Code
23	23	A18.1, or ASCE Code 21, as applicable.
24	24	(14-a) "Elevator apprentice" means an individual who
25	25	assists an elevator mechanic or contractor in erecting,
26	26	constructing, installing, altering, servicing, repairing, or
27	27	maintaining equipment.
28	28	(14-b) "Elevator mechanic" means an individual who is
29	29	engaged in erecting, constructing, installing, altering,
30	30	servicing, repairing, or maintaining equipment.
31	31	SECTION 2. Section 754.015(a), Health and Safety Code, is
32	32	amended to read as follows:
33	33	(a) The commission by rule shall provide for:
34	34	(1) an annual inspection and certification of the
35	35	equipment covered by standards adopted under this chapter;
36	36	(2) enforcement of those standards;
37	37	(3) registration, including certification, of
38	38	elevator inspectors, elevator mechanics, and elevator apprentices;
39	39	(4) registration of contractors;
40	40	(5) the procedures by which a certificate of
41	41	compliance is issued and displayed;
42	42	(6) notification to building owners, architects, and
43	43	other building industry professionals regarding the necessity of
44	44	annually inspecting equipment;
45	45	(7) approval of continuing education programs for
46	46	registered elevator inspectors;
47	47	(8) standards of conduct for individuals who are
48	48	registered under this chapter;
49	49	(9) general liability insurance written by an insurer
50	50	authorized to engage in the business of insurance in this state or
51	51	an eligible surplus lines insurer, as defined by Section 981.002,
52	52	Insurance Code, as a condition of contractor registration with
53	53	coverage of not less than:
54	54	(A) $1 million for each single occurrence of
55	55	bodily injury or death; and
56	56	(B) $500,000 for each single occurrence of
57	57	property damage;
58	58	(10) the submission and review of plans for the
59	59	installation or alteration of equipment;
60	60	(11) continuing education requirements for renewal of
61	61	contractor registration;
62	62	(12) maintenance control programs, maintenance,
63	63	repair, and parts manuals, and product-specific inspection,
64	64	testing, and maintenance procedures;
65	65	(13) the method and manner of reporting accidents and
66	66	reportable conditions to the department; and
67	67	(14) an owner's designation of an agent for purposes of
68	68	this chapter.
69	69	SECTION 3. Chapter 754, Health and Safety Code, is amended
70	70	by adding Sections 754.0165 and 754.0166 to read as follows:
71	71	Sec. 754.0165. ELEVATOR MECHANIC REGISTRATION. (a) An
72	72	individual may not erect, construct, install, alter, service,
73	73	repair, or maintain equipment unless the individual is registered
74	74	as an elevator mechanic with the department as provided by this
75	75	section.
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	(g) An elevator mechanic registered under this section may
109	109	not supervise more than one elevator apprentice registered under
110	110	Section 754.0166.
111	111	Sec. 754.0166. ELEVATOR APPRENTICE REGISTRATION. (a) An
112	112	individual may not assist an elevator mechanic or contractor in
113	113	erecting, constructing, installing, altering, servicing,
114	114	repairing, or maintaining equipment unless the individual is:
115	115	(1) registered as an elevator apprentice as provided
116	116	by this section; and
117	117	(2) employed by a contractor registered under this
118	118	chapter and, subject to Section 754.0165(g), supervised by an
119	119	elevator mechanic registered under Section 754.0165.
120	120	(b) An applicant for elevator apprentice registration or
121	121	registration renewal shall submit an application to the department
122	122	in the form and manner the department prescribes.
123	123	(c) An applicant for registration renewal must submit with
124	124	the application proof of completion of continuing education related
125	125	to the erection, construction, installation, alteration,
126	126	servicing, repair, or maintenance of equipment in accordance with
127	127	commission rule.
128	128	(d) A registration issued under this section expires on the
129	129	first anniversary of the date of issuance.
130	130	SECTION 4. Section 754.0171(a), Health and Safety Code, is
131	131	amended to read as follows:
132	132	(a) A person may not be engaged in the business of
133	133	installing, altering, testing, repairing, or maintaining [install,
134	134	repair, alter, test, or maintain] equipment unless the person
135	135	registers [without registering] as a contractor with the department
136	136	as required by this chapter.
137	137	SECTION 5. Chapter 754, Health and Safety Code, is amended
138	138	by adding Section 754.01715 to read as follows:
139	139	Sec. 754.01715. CONTRACTOR RESPONSIBILITIES. A contractor
140	140	may not employ, contract with, or obtain the services of a person to
141	141	install, alter, test, repair, or maintain equipment on the
142	142	contractor's behalf unless the person is registered as an elevator
143	143	mechanic or elevator apprentice under this chapter.
144	144	SECTION 6. Section 754.021, Health and Safety Code, is
145	145	amended to read as follows:
146	146	Sec. 754.021. LIST OF REGISTERED ELEVATOR INSPECTORS,
147	147	ELEVATOR MECHANICS, ELEVATOR APPRENTICES, AND CONTRACTORS;
148	148	PERSONNEL. The executive director shall:
149	149	(1) compile a list of elevator inspectors, elevator
150	150	mechanics, elevator apprentices, and contractors who are
151	151	registered with the department; and
152	152	(2) employ personnel who are necessary to enforce this
153	153	chapter.
154	154	SECTION 7. (a) The Texas Commission of Licensing and
155	155	Regulation shall adopt rules necessary to implement the changes in
156	156	law made by this Act not later than March 31, 2026.
157	157	(b) Notwithstanding Section 754.0165 or 754.0166, Health
158	158	and Safety Code, as added by this Act, an individual is not required
159	159	to comply with those sections until November 1, 2026.
160	160	SECTION 8. The changes in law made by this Act apply only to
161	161	an application or renewal application for registration as a
162	162	contractor under Chapter 754, Health and Safety Code, as amended by
163	163	this Act, filed on or after November 1, 2026. An application or
164	164	renewal application for registration as a contractor under that
165	165	chapter filed before November 1, 2026, is governed by the law in
166	166	effect immediately before the effective date of this Act, and that
167	167	law is continued in effect for that purpose.
168	168	SECTION 9. An individual who has engaged in the practice of
169	169	erecting, constructing, installing, altering, servicing,
170	170	repairing, or maintaining equipment, as defined by Section 754.011,
171	171	Health and Safety Code, in this state for at least five years
172	172	preceding the effective date of this Act is entitled to obtain a
173	173	registration under Section 754.0165, Health and Safety Code, as
174	174	added by this Act, if before September 1, 2026, the person:
175	175	(1) submits an application in the form and manner the
176	176	Texas Department of Licensing and Regulation prescribes; and
177	177	(2) pays the required registration fee.
178	178	SECTION 10. This Act takes effect September 1, 2025.