| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the regulation of elevator mechanics, elevator |
|
|
apprentices, and contractors; requiring an occupational |
|
|
registration. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 754.011, Health and Safety Code, is |
|
|
amended by amending Subdivision (13) and adding Subdivisions (14-a) |
|
|
and (14-b) to read as follows: |
|
|
(13) "Contractor" means a person engaged in the |
|
|
business of installation, alteration, testing, repair, or |
|
|
maintenance of equipment. The term does not include an employee of a |
|
|
contractor or a person engaged in cleaning or any other work |
|
|
performed on equipment that does not affect the operational safety |
|
|
of the equipment or diminish the safety of the equipment below the |
|
|
level required by the ASME Code A17.1, ASME Code A17.3, ASME Code |
|
|
A18.1, or ASCE Code 21, as applicable. |
|
|
(14-a) "Elevator apprentice" means an individual who |
|
|
assists an elevator mechanic or contractor in erecting, |
|
|
constructing, installing, altering, servicing, repairing, or |
|
|
maintaining equipment. |
|
|
(14-b) "Elevator mechanic" means an individual who is |
|
|
engaged in erecting, constructing, installing, altering, |
|
|
servicing, repairing, or maintaining equipment. |
|
|
SECTION 2. Section 754.015(a), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(a) The commission by rule shall provide for: |
|
|
(1) 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, elevator mechanics, and elevator apprentices; |
|
|
(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 |
|
|
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. |
|
|
SECTION 3. Chapter 754, Health and Safety Code, is amended |
|
|
by adding Sections 754.0165 and 754.0166 to read as follows: |
|
|
Sec. 754.0165. ELEVATOR MECHANIC REGISTRATION. (a) An |
|
|
individual may not erect, construct, install, alter, service, |
|
|
repair, or maintain equipment unless the individual is: |
|
|
(1) registered as an elevator mechanic with the |
|
|
department as required by this section; or |
|
|
(2) employed by a contractor registered under this |
|
|
chapter and supervised by a registered elevator mechanic. |
|
|
(b) An applicant for elevator mechanic registration or |
|
|
renewal of registration, as applicable, shall submit an application |
|
|
to the department in the form and manner prescribed by the |
|
|
department. |
|
|
(c) An applicant for a registration must submit with the |
|
|
application: |
|
|
(1) a certificate of completion or proof of a |
|
|
certificate of completion from: |
|
|
(A) a nationally recognized training program for |
|
|
the elevator industry; |
|
|
(B) an elevator constructor apprenticeship |
|
|
program approved by the United States Department of Labor or a |
|
|
similar federal program for other equipment; or |
|
|
(C) an equivalent program acceptable to the |
|
|
department; or |
|
|
(2) verifiable evidence in the form and manner |
|
|
prescribed by the department that the applicant has five years of |
|
|
experience erecting, constructing, installing, altering, |
|
|
servicing, repairing, or maintaining equipment. |
|
|
(d) An applicant for a renewal of registration must submit |
|
|
with the application proof of completion of continuing education |
|
|
related to the erection, construction, installation, alteration, |
|
|
servicing, repair, or maintenance of equipment in accordance with |
|
|
commission rule. |
|
|
(e) The commission by rule shall issue a limited elevator |
|
|
mechanic registration. The commission shall adopt rules to |
|
|
implement this subsection, including rules to: |
|
|
(1) establish the required qualifications for the |
|
|
limited elevator mechanic registration; and |
|
|
(2) restrict the scope and location of practice of an |
|
|
elevator mechanic who receives a limited elevator mechanic |
|
|
registration. |
|
|
(f) A registration issued under this section expires on the |
|
|
first anniversary of the date of issuance. |
|
|
Sec. 754.0166. ELEVATOR APPRENTICE REGISTRATION. (a) An |
|
|
individual may not assist an elevator mechanic or contractor in |
|
|
erecting, constructing, installing, altering, servicing, |
|
|
repairing, or maintaining equipment unless the individual is: |
|
|
(1) registered as an elevator apprentice as required |
|
|
by this section; or |
|
|
(2) employed by a contractor registered under this |
|
|
chapter and supervised by a registered elevator mechanic. |
|
|
(b) An applicant for elevator apprentice registration or |
|
|
renewal of registration, as applicable, shall submit an application |
|
|
to the department in the form and manner prescribed by the |
|
|
department. |
|
|
(c) An applicant for a renewal of registration must submit |
|
|
with the application proof of completion of continuing education |
|
|
related to the erection, construction, installation, alteration, |
|
|
servicing, repair, or maintenance of equipment in accordance with |
|
|
commission rule. |
|
|
(d) A registration issued under this section expires on the |
|
|
first anniversary of the date of issuance. |
|
|
SECTION 4. Section 754.0171(a), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(a) A person may not be engaged in the business of |
|
|
installing, altering, testing, repairing, or maintaining [install, |
|
|
repair, alter, test, or maintain] equipment without registering as |
|
|
a contractor with the department as required by this chapter. |
|
|
SECTION 5. Chapter 754, Health and Safety Code, is amended |
|
|
by adding Section 754.01715 to read as follows: |
|
|
Sec. 754.01715. CONTRACTOR RESPONSIBILITIES. A contractor |
|
|
may not employ, contract with, or obtain the services of a person to |
|
|
install, alter, test, repair, or maintain equipment on the |
|
|
contractor's behalf unless the person is an elevator mechanic or |
|
|
elevator apprentice registered under this chapter. |
|
|
SECTION 6. The heading to Section 754.0174, Health and |
|
|
Safety Code, is amended to read as follows: |
|
|
Sec. 754.0174. CONTINUING EDUCATION FOR RENEWAL OF ELEVATOR |
|
|
INSPECTOR, ELEVATOR MECHANIC, ELEVATOR APPRENTICE, AND CONTRACTOR |
|
|
REGISTRATIONS. |
|
|
SECTION 7. Section 754.0174, Health and Safety Code, is |
|
|
amended by adding Subsection (a-2) to read as follows: |
|
|
(a-2) Each registered elevator mechanic and elevator |
|
|
apprentice must complete continuing education requirements set by |
|
|
commission rule before the elevator mechanic or elevator apprentice |
|
|
may renew the elevator mechanic's or elevator apprentice's |
|
|
registration. |
|
|
SECTION 8. Section 754.021, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 754.021. LIST OF REGISTERED ELEVATOR INSPECTORS, |
|
|
ELEVATOR MECHANICS, ELEVATOR APPRENTICES, AND CONTRACTORS; |
|
|
PERSONNEL. The executive director shall: |
|
|
(1) compile a list of elevator inspectors, elevator |
|
|
mechanics, elevator apprentices, and contractors who are |
|
|
registered with the department; and |
|
|
(2) employ personnel who are necessary to enforce this |
|
|
chapter. |
|
|
SECTION 9. (a) The Texas Commission of Licensing and |
|
|
Regulation shall adopt rules necessary to implement the changes in |
|
|
law made by this Act not later than March 31, 2022. |
|
|
(b) Notwithstanding Section 754.0165 or 754.0166, Health |
|
|
and Safety Code, as added by this Act, an individual is not required |
|
|
to comply with those sections until November 1, 2022. |
|
|
SECTION 10. The changes in law made by this Act apply only |
|
|
to an application or renewal application for registration as a |
|
|
contractor under Chapter 754, Health and Safety Code, as amended by |
|
|
this Act, filed on or after November 1, 2022. An application or |
|
|
renewal application for registration as a contractor under that |
|
|
chapter filed before November 1, 2022, is governed by the law in |
|
|
effect immediately before the effective date of this Act, and that |
|
|
law is continued in effect for that purpose. |
|
|
SECTION 11. An individual who has engaged in the practice of |
|
|
erecting, constructing, installing, altering, servicing, |
|
|
repairing, or maintaining equipment as defined by Section 754.011, |
|
|
Health and Safety Code, in this state for at least five years |
|
|
preceding the effective date of this Act is entitled to obtain a |
|
|
registration under Section 754.0165, Health and Safety Code, as |
|
|
added by this Act, if before September 1, 2022, the person: |
|
|
(1) submits an application in the form and manner |
|
|
prescribed by the Texas Department of Licensing and Regulation; and |
|
|
(2) pays the required registration fee. |
|
|
SECTION 12. This Act takes effect September 1, 2021. |