H.B. No. 154
1-1 AN ACT
1-2 relating to the adoption of minimal safety standards for elevators,
1-3 escalators, and related equipment, to the creation of the elevator
1-4 advisory board, and to inspections of elevators, escalators, and
1-5 related equipment; providing a penalty.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. The heading to Chapter 754, Health and Safety
1-8 Code, is amended to read as follows:
1-9 CHAPTER 754. ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT
1-10 <PASSENGER ELEVATORS>
1-11 SECTION 2. Sections 754.001-754.003, Health and Safety Code,
1-12 are designated as Subchapter A, Chapter 754, of that code as
1-13 follows:
1-14 SUBCHAPTER A. SAFETY DEVICES
1-15 SECTION 3. Chapter 754, Health and Safety Code, is amended
1-16 by adding Subchapter B to read as follows:
1-17 SUBCHAPTER B. INSPECTION AND CERTIFICATION
1-18 Sec. 754.011. DEFINITIONS. In this subchapter:
1-19 (1) "Board" means the elevator advisory board.
1-20 (2) "Commissioner" means the commissioner of licensing
1-21 and regulation.
1-22 (3) "Related equipment" means automatic equipment that
1-23 is used to move a person in a manner that is similar to that of an
1-24 elevator or escalator and includes a dumbwaiter, manlift, and
2-1 moving sidewalk.
2-2 Sec. 754.012. ELEVATOR ADVISORY BOARD. (a) The elevator
2-3 advisory board is composed of nine members appointed by the
2-4 commissioner as follows:
2-5 (1) a representative of the insurance industry or a
2-6 certified elevator inspector;
2-7 (2) a representative of elevator, escalator, and
2-8 related equipment constructors;
2-9 (3) a representative of owners or managers of
2-10 buildings having fewer than six stories and having an elevator, an
2-11 escalator, or related equipment;
2-12 (4) a representative of owners or managers of
2-13 buildings having six stories or more and having an elevator, an
2-14 escalator, or related equipment;
2-15 (5) a representative of independent elevator,
2-16 escalator, and related equipment maintenance companies;
2-17 (6) a representative of elevator, escalator, and
2-18 related equipment manufacturers;
2-19 (7) a representative of professional engineers or
2-20 architects;
2-21 (8) a public member; and
2-22 (9) a public member with a physical disability.
2-23 (b) Board members serve at the will of the commissioner.
2-24 (c) The commissioner shall appoint a presiding officer of
2-25 the board.
2-26 (d) The board shall meet at least twice each calendar year.
2-27 (e) A board member serves without compensation but is
3-1 entitled to reimbursement for travel and other necessary expenses
3-2 incurred in performing duties under this subchapter.
3-3 Sec. 754.013. BOARD DUTIES. To protect public safety and to
3-4 identify and correct potential hazards, the board shall advise the
3-5 commissioner on:
3-6 (1) the adoption of appropriate standards for the
3-7 installation, alteration, and operation of elevators, escalators,
3-8 and related equipment;
3-9 (2) the status of elevators, escalators, and related
3-10 equipment used by the public in this state; and
3-11 (3) any other matter considered relevant by the
3-12 commissioner.
3-13 Sec. 754.014. STANDARDS ADOPTED BY COMMISSIONER. (a) The
3-14 commissioner shall adopt standards for the installation,
3-15 alteration, and operation of elevators, escalators, and related
3-16 equipment used by the public in:
3-17 (1) buildings owned or operated by the state, a
3-18 state-owned institution or agency, or a political subdivision of
3-19 the state; and
3-20 (2) buildings that contain an elevator, an escalator,
3-21 or related equipment that the public is generally invited to use,
3-22 including a hotel, motel, apartment house, boardinghouse, church,
3-23 office building, shopping center, or other commercial
3-24 establishment.
3-25 (b) In adopting the standards, the commissioner shall adopt
3-26 standards for elevators, escalators, and related equipment:
3-27 (1) constructed or installed before September 1, 1993,
4-1 that are in compliance with the latest edition of the ASME Safety
4-2 Code for Existing Elevators and Escalators A17.3; and
4-3 (2) constructed or installed on or after September 1,
4-4 1993, that are in compliance with the latest edition of the ASME
4-5 Safety Code for Elevators and Escalators A17.1.
4-6 (c) In the event that compliance with ASME Safety Code for
4-7 Existing Elevators and Escalators A17.3 is not "readily achievable"
4-8 as that phrase is defined in the Americans with Disabilities Act
4-9 (42 U.S.C. Section 12101 et seq.) and its subsequent amendments, or
4-10 its regulations, the commission shall authorize the certified
4-11 inspector to waive or delay compliance with the particular standard
4-12 which is not readily achievable. Provided however, in any event,
4-13 an elevator, an escalator, or related equipment must at least be in
4-14 compliance with the ASME Safety Code for Elevators and Escalators
4-15 A17.1 in existence at the time of the construction of the elevator,
4-16 escalator, or related equipment. The commission may charge
4-17 reasonable fees for any application for waiver or delay.
4-18 Sec. 754.015. RULES. (a) The commissioner by rule shall
4-19 provide for:
4-20 (1) the annual inspection and certification of
4-21 elevators, escalators, and related equipment covered by standards
4-22 adopted under this subchapter;
4-23 (2) the enforcement of those standards;
4-24 (3) the certification of qualified persons as
4-25 inspectors for the purposes of this subchapter; and
4-26 (4) the form of the certificate of inspection.
4-27 (b) The commissioner by rule may not require that:
5-1 (1) inspection be made more often than once per year
5-2 of elevators, escalators, and related equipment;
5-3 (2) persons post a bond or furnish insurance as a
5-4 condition of certification; and
5-5 (3) certificates of inspection be placed in locations
5-6 other than one provided in Section 754.019(4).
5-7 Sec. 754.016. COVERAGE OF CERTIFICATE OF INSPECTION. A
5-8 certificate of inspection required under this subchapter must cover
5-9 all elevators, escalators, and related equipment in a building or
5-10 structure appurtenant to the building, including a parking
5-11 facility, that are owned by the same person or persons. There
5-12 shall be only one certificate of inspection for each building.
5-13 The certificate of inspection shall specify the number of elevators
5-14 in the building and shall specifically describe any elevators not
5-15 in compliance with this subchapter, stating the reason or reasons
5-16 for noncompliance.
5-17 Sec. 754.017. CERTIFIED INSPECTORS. (a) An inspector must
5-18 meet the qualification requirements of the ASME-QEI-1. An
5-19 inspector or inspection supervisor must be certified by an
5-20 organization accredited by ASME in accordance with the requirements
5-21 of ASME-QEI-1. Any accreditation or certification charges or fees
5-22 shall be paid by the inspector.
5-23 (b) The commissioner may not by rule prohibit an ASME-QEI-1
5-24 certified inspector from inspecting and certifying under this
5-25 subchapter an elevator, an escalator, or related equipment.
5-26 (c) The commissioner may charge a $10 fee to certified
5-27 inspectors for registering with the Texas Department of Licensing
6-1 and Regulation.
6-2 Sec. 754.018. POWERS OF MUNICIPALITIES. If a municipality
6-3 operates a program for the inspection and certification of
6-4 elevators, escalators, and related equipment, this subchapter shall
6-5 not apply to elevators, escalators, and related equipment in that
6-6 municipality, provided that the standards of inspection and
6-7 certification are no less stringent than those contained in this
6-8 subchapter.
6-9 Sec. 754.019. DUTIES OF REAL PROPERTY OWNERS. (a) The
6-10 owner of real property on which an elevator, an escalator, or
6-11 related equipment covered by this subchapter is located shall:
6-12 (1) have the elevator, escalator, or related equipment
6-13 inspected and certified in accordance with the commissioner's
6-14 rules;
6-15 (2) obtain a certificate of inspection evidencing that
6-16 the elevator, escalator, or related equipment was inspected in
6-17 accordance with this subchapter and determined to be in compliance
6-18 with the safety standards adopted under Section 754.014;
6-19 (3) file with the commissioner a copy of each
6-20 certificate of inspection and a $15 filing fee for each certificate
6-21 not later than the 30th day after the date on which an inspection
6-22 is made under this subchapter; and
6-23 (4) display the certificate of inspection:
6-24 (A) in the elevator mechanical room if the
6-25 certificate relates to the inspection of an elevator;
6-26 (B) in the escalator box if the certificate
6-27 relates to the inspection of an escalator; or
7-1 (C) in a place designated by the commissioner if
7-2 the certificate relates to the inspection of related equipment.
7-3 (b) For the purpose of determining timely filing under
7-4 Subsection (a)(3), a certificate and fee are considered filed on
7-5 the date of mailing by United States mail if properly addressed to
7-6 the commissioner.
7-7 (c) If the certificate copy and the fee required by
7-8 Subsection (a)(3) are not timely filed, the commissioner may charge
7-9 the owner of the real property on which the equipment is located an
7-10 additional $100 fee for late filing.
7-11 (d) The commissioner may not require that a certificate of
7-12 inspection be placed inside or immediately outside an elevator cab
7-13 or escalator or in the lobby or hallways of a building.
7-14 (e) A fee may not be charged or collected for a certificate
7-15 of inspection for an institution of higher education as defined in
7-16 Section 61.003, Education Code.
7-17 Sec. 754.020. DEPOSIT OF FEES. Fees collected under this
7-18 subchapter shall be deposited to the credit of an account in the
7-19 general revenue fund that may be used by the commissioner only to
7-20 administer and enforce this subchapter and to reimburse expenses of
7-21 board members provided by this subchapter.
7-22 Sec. 754.021. LIST OF INSPECTORS; PERSONNEL. The
7-23 commissioner may:
7-24 (1) compile a list of inspectors certified by the
7-25 commissioner to perform an inspection under this subchapter; and
7-26 (2) employ personnel as necessary to enforce this
7-27 subchapter.
8-1 Sec. 754.022. NOTICE OF NONCOMPLIANCE. If the commissioner
8-2 learns of a situation of noncompliance under Section 754.019, the
8-3 commissioner shall send notice by certified mail of the
8-4 noncompliance and the actions required to remedy the noncompliance
8-5 to the record owner of the real property on which the equipment
8-6 that is the subject of the noncompliance is located.
8-7 Sec. 754.023. INJUNCTION. (a) The commissioner is entitled
8-8 to appropriate injunctive relief to prevent a violation or
8-9 threatened violation of this subchapter or a rule adopted under
8-10 this subchapter.
8-11 (b) The commissioner may bring suit in a district court in
8-12 Travis County or in the county in which the violation or threatened
8-13 violation occurs. If requested, the attorney general shall
8-14 represent the commissioner in the suit.
8-15 Sec. 754.024. CRIMINAL PENALTY. (a) A person commits an
8-16 offense if the person receives notice of noncompliance under
8-17 Section 754.022 and the person fails or refuses to remedy the
8-18 noncompliance before the 31st day after the date on which the
8-19 notice is received.
8-20 (b) An offense under this section is a Class C misdemeanor.
8-21 (c) Each day of failure or refusal to remedy the
8-22 noncompliance after the 30th day after the date on which the notice
8-23 is received constitutes a separate offense.
8-24 SECTION 4. (a) This Act takes effect September 1, 1993.
8-25 (b) An elevator, an escalator, or related equipment is not
8-26 required to comply with the standards adopted under Subchapter B,
8-27 Chapter 754, Health and Safety Code, as added by this Act, before
9-1 March 1, 1994.
9-2 (c) A person is not required to comply with the inspection
9-3 and certification requirements of Subchapter B, Chapter 754, Health
9-4 and Safety Code, as added by this Act, or required to display the
9-5 certificate of inspection required by that subchapter before March
9-6 1, 1994, and a person may not be prosecuted for an offense
9-7 committed under that subchapter before March 1, 1994.
9-8 (d) The commissioner of licensing and regulation shall
9-9 appoint the members of the elevator advisory board not later than
9-10 October 1, 1993, and the commissioner shall adopt rules to
9-11 implement Subchapter B, Chapter 754, Health and Safety Code, as
9-12 added by this Act, not later than January 1, 1994.
9-13 SECTION 5. The importance of this legislation and the
9-14 crowded condition of the calendars in both houses create an
9-15 emergency and an imperative public necessity that the
9-16 constitutional rule requiring bills to be read on three several
9-17 days in each house be suspended, and this rule is hereby suspended.