By Yarbrough/Eckels                                    H.B. No. 154
          Substitute the following for H.B. No. 154:
          By Kubiak                                          C.S.H.B. No. 154
                                 A BILL TO BE ENTITLED
    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)  "Director" means the executive director of the
   1-21  Texas Department of Licensing 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  director 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 director.
   2-24        (c)  The director shall appoint a presiding officer of the
   2-25  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  director 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  director.
   3-13        Sec. 754.014.  STANDARDS ADOPTED BY DIRECTOR.  (a)  The
   3-14  director shall adopt standards for the installation, alteration and
   3-15  operation of elevators, escalators, and related equipment used by
   3-16  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 director 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 latest edition of the ASME Safety Code
    4-2  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  or its regulations, the Commission shall authorize the certified
   4-10  inspector to waive or delay compliance with the particular standard
   4-11  which is not readily achievable.  Provided however, in any event,
   4-12  an elevator, escalator or related equipment must at least be in
   4-13  compliance with the ASME Safety Code for Elevators and Escalators
   4-14  A17.1 in existence at the time of the construction of the elevator,
   4-15  escalator or related equipment.  The Commission may charge
   4-16  reasonable fees for any application for waiver or delay.
   4-17        Sec. 754.015.  RULES.  (a)  The director by rule shall
   4-18  provide for:
   4-19              (1)  the annual inspection and certification of
   4-20  elevators, escalators, and related equipment covered by standards
   4-21  adopted under this subchapter;
   4-22              (2)  the enforcement of those standards;
   4-23              (3)  the certification of qualified persons as
   4-24  inspectors for the purposes of this subchapter; and
   4-25              (4)  the form of the certificate of inspection.
   4-26        (b)  The director by rule may not require that:
   4-27              (1)  inspection be made more often than once per year
    5-1  of elevators, escalators and related equipment;
    5-2              (2)  persons post a bond or furnish insurance as a
    5-3  condition of certification; and
    5-4              (3)  certificates of inspection be placed in locations
    5-5  other than one provided in Section 754.019(4).
    5-6        Sec. 754.016.  COVERAGE OF CERTIFICATE OF INSPECTION.  A
    5-7  certificate of inspection required under this subchapter must cover
    5-8  all elevators, escalators, and related equipment in a building or
    5-9  structure appurtenant to the building, including a parking
   5-10  facility, that are owned by the same person or persons.  There
   5-11  shall be only one certificate of inspection for each building.
   5-12  The certificate of inspection shall specify the number of elevators
   5-13  in the building and shall specifically describe any elevators not
   5-14  in compliance with this Act, stating the reason or reasons for
   5-15  noncompliance.
   5-16        Sec. 754.017.  CERTIFIED INSPECTORS.  (a)  An inspector must
   5-17  meet the qualification requirements of the ASME-QEI-1.  An
   5-18  inspector or inspection supervisor must be certified by an
   5-19  organization accredited by ASME in accordance with the requirements
   5-20  of ASME-QEI-1.  Any accreditation or certification charges or fees
   5-21  shall be paid by the inspector.
   5-22        (b)  The commissioner may not by rule prohibit a ASME-QEI-1
   5-23  certified inspector from inspecting and certifying under this
   5-24  article an elevator, an escalator, or related equipment.
   5-25        Sec. 754.018.  POWERS OF MUNICIPALITIES.  If a city operates
   5-26  a program for the inspection and certification of elevators,
   5-27  escalators and related equipment, this law shall not apply to
    6-1  elevators, escalators and related equipment in that city, provided
    6-2  that the standards of inspection and certification are no less
    6-3  stringent than those contained in this subchapter.
    6-4        Sec. 754.019.  DUTIES OF REAL PROPERTY OWNERS.  (a)  The
    6-5  owner of real property on which an elevator, an escalator, or
    6-6  related equipment covered by this subchapter is located shall:
    6-7              (1)  have the elevator, escalator, or related equipment
    6-8  inspected and certified in accordance with the director's rules;
    6-9              (2)  obtain a certificate of inspection evidencing that
   6-10  the elevator, escalator, or related equipment was inspected in
   6-11  accordance with this subchapter and determined to be in compliance
   6-12  with the safety standards adopted under Section 754.014;
   6-13              (3)  file with the director a copy of each certificate
   6-14  of inspection and a $15 filing fee for each certificate not later
   6-15  than the 30th day after the date on which an inspection is made
   6-16  under this subchapter; and
   6-17              (4)  display the certificate of inspection:
   6-18                    (A)  in the elevator mechanical room if the
   6-19  certificate relates to the inspection of an elevator;
   6-20                    (B)  in the escalator box if the certificate
   6-21  relates to the inspection of an escalator; or
   6-22                    (C)  in a place designated by the director if the
   6-23  certificate relates to the inspection of related equipment.
   6-24        (b)  For the purpose of determining timely filing under
   6-25  Subsection (a)(3), a certificate and fee are considered filed on
   6-26  the date of mailing by United States mail if properly addressed to
   6-27  the director.
    7-1        (c)  If the certificate copy and the fee required by
    7-2  Subsection (a)(3) are not timely filed, the director may charge the
    7-3  owner of the real property on which the equipment is located an
    7-4  additional $100 fee for late filing.
    7-5        (d)  The director may not require that a certificate of
    7-6  inspection be placed inside or immediately outside an elevator cab
    7-7  or escalator or in the lobby or hallways of a building.
    7-8        Sec. 754.020.  DEPOSIT OF FEES.  Fees collected under this
    7-9  subchapter shall be deposited to the credit of an account in the
   7-10  general revenue fund that may be used by the director only to
   7-11  administer and enforce this subchapter and to reimburse expenses of
   7-12  board members provided by this subchapter.
   7-13        Sec. 754.021.  LIST OF INSPECTORS; PERSONNEL.  The director
   7-14  may:
   7-15              (1)  compile a list of inspectors certified by the
   7-16  director to perform an inspection under this subchapter; and
   7-17              (2)  employ personnel as necessary to enforce this
   7-18  subchapter.
   7-19        Sec. 754.022.  NOTICE OF NONCOMPLIANCE.  If the director
   7-20  learns of a situation of noncompliance under Section 754.019, the
   7-21  director shall send notice by certified mail of the noncompliance
   7-22  and the actions required to remedy the noncompliance to the record
   7-23  owner of the real property on which the equipment that is the
   7-24  subject of the noncompliance is located.
   7-25        Sec. 754.023.  INJUNCTION.  (a)  The director is entitled to
   7-26  appropriate injunctive relief to prevent a violation or threatened
   7-27  violation of this subchapter or a rule adopted under this
    8-1  subchapter.
    8-2        (b)  The director may bring suit in a district court in
    8-3  Travis County or in the county in which the violation or threatened
    8-4  violation occurs.  If requested, the attorney general shall
    8-5  represent the director in the suit.
    8-6        Sec. 754.024.  CRIMINAL PENALTY.  (a)  A person commits an
    8-7  offense if the person receives notice of noncompliance under
    8-8  Section 754.022 and the person fails or refuses to remedy the
    8-9  noncompliance before the 31st day after the date on which the
   8-10  notice is received.
   8-11        (b)  An offense under this section is a Class C misdemeanor.
   8-12        (c)  Each day of failure or refusal to remedy the
   8-13  noncompliance after the 30th day after the date on which the notice
   8-14  is received constitutes a separate offense.
   8-15        SECTION 4.  (a)  This Act takes effect September 1, 1993.
   8-16        (b)  An elevator, an escalator, or related equipment is not
   8-17  required to comply with the standards adopted under Subchapter B,
   8-18  Chapter 754, Health and Safety Code, as added by this Act, before
   8-19  March 1, 1994.
   8-20        (c)  A person is not required to comply with the inspection
   8-21  and certification requirements of Subchapter B, Chapter 754, Health
   8-22  and Safety Code, as added by this Act, or required to display the
   8-23  certificate of inspection required by that subchapter before March
   8-24  1, 1994, and a person may not be prosecuted for an offense
   8-25  committed under that subchapter before March 1, 1994.
   8-26        (d)  The director of licensing and regulation shall appoint
   8-27  the members of the elevator advisory board not later than October
    9-1  1, 1993, and the director shall adopt rules to implement Subchapter
    9-2  B, Chapter 754, Health and Safety Code, as added by this Act, not
    9-3  later than January 1, 1994.
    9-4        SECTION 5.  The importance of this legislation and the
    9-5  crowded condition of the calendars in both houses create an
    9-6  emergency   and   an   imperative   public   necessity   that   the
    9-7  constitutional rule requiring bills to be read on three several
    9-8  days in each house be suspended, and this rule is hereby suspended.