| 1 | 1 | | 89R10371 LRM-D |
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| 2 | 2 | | By: King H.B. No. 2450 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to elevator inspection requirements in buildings with four |
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| 10 | 10 | | stories or less. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Sections 754.015(a) and (c), Health and Safety |
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| 13 | 13 | | Code, are amended to read as follows: |
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| 14 | 14 | | (a) The commission by rule shall provide for: |
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| 15 | 15 | | (1) except as provided by Subdivision (2), an annual |
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| 16 | 16 | | inspection and certification of the equipment covered by standards |
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| 17 | 17 | | adopted under this chapter; |
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| 18 | 18 | | (2) to the extent authorized by rules adopted under |
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| 19 | 19 | | the Americans with Disabilities Act of 1990 (42 U.S.C. Section |
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| 20 | 20 | | 12101 et seq.) and by other federal law, an elevator inspection at |
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| 21 | 21 | | least every five years of a building with not more than four stories |
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| 22 | 22 | | and for certification of each elevator in the building; |
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| 23 | 23 | | (3) enforcement of the [those] standards adopted under |
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| 24 | 24 | | this chapter; |
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| 25 | 25 | | (4) [(3)] registration, including certification, of |
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| 26 | 26 | | elevator inspectors; |
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| 27 | 27 | | (5) [(4)] registration of contractors; |
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| 28 | 28 | | (6) [(5)] the procedures by which a certificate of |
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| 29 | 29 | | compliance is issued and displayed; |
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| 30 | 30 | | (7) [(6)] notification to building owners, |
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| 31 | 31 | | architects, and other building industry professionals regarding |
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| 32 | 32 | | the necessity of annually inspecting equipment; |
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| 33 | 33 | | (8) [(7)] approval of continuing education programs |
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| 34 | 34 | | for registered elevator inspectors; |
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| 35 | 35 | | (9) [(8)] standards of conduct for individuals who are |
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| 36 | 36 | | registered under this chapter; |
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| 37 | 37 | | (10) [(9)] general liability insurance written by an |
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| 38 | 38 | | insurer authorized to engage in the business of insurance in this |
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| 39 | 39 | | state or an eligible surplus lines insurer, as defined by Section |
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| 40 | 40 | | 981.002, Insurance Code, as a condition of contractor registration |
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| 41 | 41 | | with coverage of not less than: |
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| 42 | 42 | | (A) $1 million for each single occurrence of |
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| 43 | 43 | | bodily injury or death; and |
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| 44 | 44 | | (B) $500,000 for each single occurrence of |
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| 45 | 45 | | property damage; |
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| 46 | 46 | | (11) [(10)] the submission and review of plans for the |
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| 47 | 47 | | installation or alteration of equipment; |
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| 48 | 48 | | (12) [(11)] continuing education requirements for |
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| 49 | 49 | | renewal of contractor registration; |
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| 50 | 50 | | (13) [(12)] maintenance control programs, |
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| 51 | 51 | | maintenance, repair, and parts manuals, and product-specific |
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| 52 | 52 | | inspection, testing, and maintenance procedures; |
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| 53 | 53 | | (14) [(13)] the method and manner of reporting |
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| 54 | 54 | | accidents and reportable conditions to the department; and |
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| 55 | 55 | | (15) [(14)] an owner's designation of an agent for |
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| 56 | 56 | | purposes of this chapter. |
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| 57 | 57 | | (c) The commission by rule may require a reinspection or |
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| 58 | 58 | | recertification of equipment if: |
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| 59 | 59 | | (1) the equipment has been altered; |
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| 60 | 60 | | (2) the equipment poses a significant threat to |
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| 61 | 61 | | passenger or worker safety; or |
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| 62 | 62 | | (3) an [annual] inspection report indicates an |
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| 63 | 63 | | existing violation has continued longer than permitted in a delay |
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| 64 | 64 | | granted by the executive director. |
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| 65 | 65 | | SECTION 2. Section 754.0235(a), Health and Safety Code, is |
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| 66 | 66 | | amended to read as follows: |
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| 67 | 67 | | (a) An emergency order issued in accordance with Section |
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| 68 | 68 | | 754.0234 may also direct an owner to disconnect power to or lock out |
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| 69 | 69 | | equipment if: |
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| 70 | 70 | | (1) the department determines imminent and |
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| 71 | 71 | | significant danger to passenger or worker safety exists if action |
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| 72 | 72 | | is not taken immediately; [or] |
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| 73 | 73 | | (2) an annual inspection described by Section |
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| 74 | 74 | | 754.015(a)(1) has not been performed in more than two years; or |
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| 75 | 75 | | (3) an inspection described by Section 754.015(a)(2) |
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| 76 | 76 | | has not been performed in more than six years. |
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| 77 | 77 | | SECTION 3. As soon as practicable after the effective date |
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| 78 | 78 | | of this Act, the Texas Commission of Licensing and Regulation shall |
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| 79 | 79 | | adopt rules necessary to implement the change in law made by this |
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| 80 | 80 | | Act. |
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| 81 | 81 | | SECTION 4. This Act takes effect September 1, 2025. |
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