89R10992 LRM-D
By: Ward Johnson H.B. No. 3337
A BILL TO BE ENTITLED
AN ACT
relating to semiannual inspections for elevators, escalators, and
related equipment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 754.011, Health and Safety Code, is
amended by adding Subdivision (21-a) to read as follows:
(21-a) "Semiannual inspection" means an inspection of
equipment performed twice in a 12-month period in accordance with
the applicable ASME Code A17.1, ASME Code A17.3, ASME Code A18.1, or
ASCE Code 21. The term includes an acceptance inspection performed
within that period.
SECTION 2. Sections 754.015(a) and (c), Health and Safety
Code, are amended to read as follows:
(a) The commission by rule shall provide for:
(1) a semiannual [an annual] inspection and
certification of the equipment covered by standards adopted under
this chapter;
(2) enforcement of those standards;
(3) registration, including certification, of
elevator inspectors;
(4) registration of contractors;
(5) the procedures by which a certificate of
compliance is issued and displayed;
(6) notification to building owners, architects, and
other building industry professionals regarding the necessity of
semiannually [annually] inspecting equipment;
(7) approval of continuing education programs for
registered elevator inspectors;
(8) standards of conduct for individuals who are
registered under this chapter;
(9) general liability insurance written by an insurer
authorized to engage in the business of insurance in this state or
an eligible surplus lines insurer, as defined by Section 981.002,
Insurance Code, as a condition of contractor registration with
coverage of not less than:
(A) $1 million for each single occurrence of
bodily injury or death; and
(B) $500,000 for each single occurrence of
property damage;
(10) the submission and review of plans for the
installation or alteration of equipment;
(11) continuing education requirements for renewal of
contractor registration;
(12) maintenance control programs, maintenance,
repair, and parts manuals, and product-specific inspection,
testing, and maintenance procedures;
(13) the method and manner of reporting accidents and
reportable conditions to the department; and
(14) an owner's designation of an agent for purposes of
this chapter.
(c) The commission by rule may require a reinspection or
recertification of equipment if:
(1) the equipment has been altered;
(2) the equipment poses a significant threat to
passenger or worker safety; or
(3) a semiannual [an annual] inspection report
indicates an existing violation has continued longer than permitted
in a delay granted by the executive director.
SECTION 3. Section 754.019(a), Health and Safety Code, is
amended to read as follows:
(a) The owner shall:
(1) have the equipment inspected semiannually
[annually] by a registered elevator inspector, unless the equipment
has been removed from service in accordance with commission rules;
(2) obtain an inspection report from the inspector
evidencing that all equipment in a building on the real property was
inspected in accordance with this chapter and rules adopted under
this chapter;
(3) file with the executive director each inspection
report, and all applicable fees, not later than the 30th calendar
day after the date on which an inspection is made under this
chapter;
(4) display the certificate of compliance for the
equipment in a publicly visible area as defined by commission rule;
and
(5) maintain the equipment in compliance with the
standards and codes adopted under commission rules.
SECTION 4. Section 754.0235(a), Health and Safety Code, is
amended to read as follows:
(a) An emergency order issued in accordance with Section
754.0234 may also direct an owner to disconnect power to or lock out
equipment if:
(1) the department determines imminent and
significant danger to passenger or worker safety exists if action
is not taken immediately; or
(2) a semiannual [an annual] inspection has not been
performed in more than two years.
SECTION 5. Section 754.011(4), Health and Safety Code, is
repealed.
SECTION 6. This Act takes effect September 1, 2025.