1-1 By: Yarbrough, Eckels (Senate Sponsor - Moncrief) H.B. No. 154
1-2 (In the Senate - Received from the House March 10, 1993;
1-3 March 11, 1993, read first time and referred to Committee on
1-4 Economic Development; April 15, 1993, reported favorably by the
1-5 following vote: Yeas 8, Nays 0; April 15, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Parker x
1-9 Lucio x
1-10 Ellis x
1-11 Haley x
1-12 Harris of Dallas x
1-13 Harris of Tarrant x
1-14 Leedom x
1-15 Madla x
1-16 Rosson x
1-17 Shapiro x
1-18 Wentworth x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the adoption of minimal safety standards for elevators,
1-22 escalators, and related equipment, to the creation of the elevator
1-23 advisory board, and to inspections of elevators, escalators, and
1-24 related equipment; providing a penalty.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. The heading to Chapter 754, Health and Safety
1-27 Code, is amended to read as follows:
1-28 CHAPTER 754. ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT
1-29 <PASSENGER ELEVATORS>
1-30 SECTION 2. Sections 754.001-754.003, Health and Safety Code,
1-31 are designated as Subchapter A, Chapter 754, of that code as
1-32 follows:
1-33 SUBCHAPTER A. SAFETY DEVICES
1-34 SECTION 3. Chapter 754, Health and Safety Code, is amended
1-35 by adding Subchapter B to read as follows:
1-36 SUBCHAPTER B. INSPECTION AND CERTIFICATION
1-37 Sec. 754.011. DEFINITIONS. In this subchapter:
1-38 (1) "Board" means the elevator advisory board.
1-39 (2) "Commissioner" means the commissioner of licensing
1-40 and regulation.
1-41 (3) "Related equipment" means automatic equipment that
1-42 is used to move a person in a manner that is similar to that of an
1-43 elevator or escalator and includes a dumbwaiter, manlift, and
1-44 moving sidewalk.
1-45 Sec. 754.012. ELEVATOR ADVISORY BOARD. (a) The elevator
1-46 advisory board is composed of nine members appointed by the
1-47 commissioner as follows:
1-48 (1) a representative of the insurance industry or a
1-49 certified elevator inspector;
1-50 (2) a representative of elevator, escalator, and
1-51 related equipment constructors;
1-52 (3) a representative of owners or managers of
1-53 buildings having fewer than six stories and having an elevator, an
1-54 escalator, or related equipment;
1-55 (4) a representative of owners or managers of
1-56 buildings having six stories or more and having an elevator, an
1-57 escalator, or related equipment;
1-58 (5) a representative of independent elevator,
1-59 escalator, and related equipment maintenance companies;
1-60 (6) a representative of elevator, escalator, and
1-61 related equipment manufacturers;
1-62 (7) a representative of professional engineers or
1-63 architects;
1-64 (8) a public member; and
1-65 (9) a public member with a physical disability.
1-66 (b) Board members serve at the will of the commissioner.
1-67 (c) The commissioner shall appoint a presiding officer of
1-68 the board.
2-1 (d) The board shall meet at least twice each calendar year.
2-2 (e) A board member serves without compensation but is
2-3 entitled to reimbursement for travel and other necessary expenses
2-4 incurred in performing duties under this subchapter.
2-5 Sec. 754.013. BOARD DUTIES. To protect public safety and to
2-6 identify and correct potential hazards, the board shall advise the
2-7 commissioner on:
2-8 (1) the adoption of appropriate standards for the
2-9 installation, alteration, and operation of elevators, escalators,
2-10 and related equipment;
2-11 (2) the status of elevators, escalators, and related
2-12 equipment used by the public in this state; and
2-13 (3) any other matter considered relevant by the
2-14 commissioner.
2-15 Sec. 754.014. STANDARDS ADOPTED BY COMMISSIONER. (a) The
2-16 commissioner shall adopt standards for the installation,
2-17 alteration, and operation of elevators, escalators, and related
2-18 equipment used by the public in:
2-19 (1) buildings owned or operated by the state, a
2-20 state-owned institution or agency, or a political subdivision of
2-21 the state; and
2-22 (2) buildings that contain an elevator, an escalator,
2-23 or related equipment that the public is generally invited to use,
2-24 including a hotel, motel, apartment house, boardinghouse, church,
2-25 office building, shopping center, or other commercial
2-26 establishment.
2-27 (b) In adopting the standards, the commissioner shall adopt
2-28 standards for elevators, escalators, and related equipment:
2-29 (1) constructed or installed before September 1, 1993,
2-30 that are in compliance with the latest edition of the ASME Safety
2-31 Code for Existing Elevators and Escalators A17.3; and
2-32 (2) constructed or installed on or after September 1,
2-33 1993, that are in compliance with the latest edition of the ASME
2-34 Safety Code for Elevators and Escalators A17.1.
2-35 (c) In the event that compliance with ASME Safety Code for
2-36 Existing Elevators and Escalators A17.3 is not "readily achievable"
2-37 as that phrase is defined in the Americans with Disabilities Act
2-38 (42 U.S.C. Section 12101 et seq.) and its subsequent amendments, or
2-39 its regulations, the commission shall authorize the certified
2-40 inspector to waive or delay compliance with the particular standard
2-41 which is not readily achievable. Provided however, in any event,
2-42 an elevator, an escalator, or related equipment must at least be in
2-43 compliance with the ASME Safety Code for Elevators and Escalators
2-44 A17.1 in existence at the time of the construction of the elevator,
2-45 escalator, or related equipment. The commission may charge
2-46 reasonable fees for any application for waiver or delay.
2-47 Sec. 754.015. RULES. (a) The commissioner by rule shall
2-48 provide for:
2-49 (1) the annual inspection and certification of
2-50 elevators, escalators, and related equipment covered by standards
2-51 adopted under this subchapter;
2-52 (2) the enforcement of those standards;
2-53 (3) the certification of qualified persons as
2-54 inspectors for the purposes of this subchapter; and
2-55 (4) the form of the certificate of inspection.
2-56 (b) The commissioner by rule may not require that:
2-57 (1) inspection be made more often than once per year
2-58 of elevators, escalators, and related equipment;
2-59 (2) persons post a bond or furnish insurance as a
2-60 condition of certification; and
2-61 (3) certificates of inspection be placed in locations
2-62 other than one provided in Section 754.019(4).
2-63 Sec. 754.016. COVERAGE OF CERTIFICATE OF INSPECTION. A
2-64 certificate of inspection required under this subchapter must cover
2-65 all elevators, escalators, and related equipment in a building or
2-66 structure appurtenant to the building, including a parking
2-67 facility, that are owned by the same person or persons. There
2-68 shall be only one certificate of inspection for each building.
2-69 The certificate of inspection shall specify the number of elevators
2-70 in the building and shall specifically describe any elevators not
3-1 in compliance with this subchapter, stating the reason or reasons
3-2 for noncompliance.
3-3 Sec. 754.017. CERTIFIED INSPECTORS. (a) An inspector must
3-4 meet the qualification requirements of the ASME-QEI-1. An
3-5 inspector or inspection supervisor must be certified by an
3-6 organization accredited by ASME in accordance with the requirements
3-7 of ASME-QEI-1. Any accreditation or certification charges or fees
3-8 shall be paid by the inspector.
3-9 (b) The commissioner may not by rule prohibit an ASME-QEI-1
3-10 certified inspector from inspecting and certifying under this
3-11 subchapter an elevator, an escalator, or related equipment.
3-12 (c) The commissioner may charge a $10 fee to certified
3-13 inspectors for registering with the Texas Department of Licensing
3-14 and Regulation.
3-15 Sec. 754.018. POWERS OF MUNICIPALITIES. If a municipality
3-16 operates a program for the inspection and certification of
3-17 elevators, escalators, and related equipment, this subchapter shall
3-18 not apply to elevators, escalators, and related equipment in that
3-19 municipality, provided that the standards of inspection and
3-20 certification are no less stringent than those contained in this
3-21 subchapter.
3-22 Sec. 754.019. DUTIES OF REAL PROPERTY OWNERS. (a) The
3-23 owner of real property on which an elevator, an escalator, or
3-24 related equipment covered by this subchapter is located shall:
3-25 (1) have the elevator, escalator, or related equipment
3-26 inspected and certified in accordance with the commissioner's
3-27 rules;
3-28 (2) obtain a certificate of inspection evidencing that
3-29 the elevator, escalator, or related equipment was inspected in
3-30 accordance with this subchapter and determined to be in compliance
3-31 with the safety standards adopted under Section 754.014;
3-32 (3) file with the commissioner a copy of each
3-33 certificate of inspection and a $15 filing fee for each certificate
3-34 not later than the 30th day after the date on which an inspection
3-35 is made under this subchapter; and
3-36 (4) display the certificate of inspection:
3-37 (A) in the elevator mechanical room if the
3-38 certificate relates to the inspection of an elevator;
3-39 (B) in the escalator box if the certificate
3-40 relates to the inspection of an escalator; or
3-41 (C) in a place designated by the commissioner if
3-42 the certificate relates to the inspection of related equipment.
3-43 (b) For the purpose of determining timely filing under
3-44 Subsection (a)(3), a certificate and fee are considered filed on
3-45 the date of mailing by United States mail if properly addressed to
3-46 the commissioner.
3-47 (c) If the certificate copy and the fee required by
3-48 Subsection (a)(3) are not timely filed, the commissioner may charge
3-49 the owner of the real property on which the equipment is located an
3-50 additional $100 fee for late filing.
3-51 (d) The commissioner may not require that a certificate of
3-52 inspection be placed inside or immediately outside an elevator cab
3-53 or escalator or in the lobby or hallways of a building.
3-54 (e) A fee may not be charged or collected for a certificate
3-55 of inspection for an institution of higher education as defined in
3-56 Section 61.003, Education Code.
3-57 Sec. 754.020. DEPOSIT OF FEES. Fees collected under this
3-58 subchapter shall be deposited to the credit of an account in the
3-59 general revenue fund that may be used by the commissioner only to
3-60 administer and enforce this subchapter and to reimburse expenses of
3-61 board members provided by this subchapter.
3-62 Sec. 754.021. LIST OF INSPECTORS; PERSONNEL. The
3-63 commissioner may:
3-64 (1) compile a list of inspectors certified by the
3-65 commissioner to perform an inspection under this subchapter; and
3-66 (2) employ personnel as necessary to enforce this
3-67 subchapter.
3-68 Sec. 754.022. NOTICE OF NONCOMPLIANCE. If the commissioner
3-69 learns of a situation of noncompliance under Section 754.019, the
3-70 commissioner shall send notice by certified mail of the
4-1 noncompliance and the actions required to remedy the noncompliance
4-2 to the record owner of the real property on which the equipment
4-3 that is the subject of the noncompliance is located.
4-4 Sec. 754.023. INJUNCTION. (a) The commissioner is entitled
4-5 to appropriate injunctive relief to prevent a violation or
4-6 threatened violation of this subchapter or a rule adopted under
4-7 this subchapter.
4-8 (b) The commissioner may bring suit in a district court in
4-9 Travis County or in the county in which the violation or threatened
4-10 violation occurs. If requested, the attorney general shall
4-11 represent the commissioner in the suit.
4-12 Sec. 754.024. CRIMINAL PENALTY. (a) A person commits an
4-13 offense if the person receives notice of noncompliance under
4-14 Section 754.022 and the person fails or refuses to remedy the
4-15 noncompliance before the 31st day after the date on which the
4-16 notice is received.
4-17 (b) An offense under this section is a Class C misdemeanor.
4-18 (c) Each day of failure or refusal to remedy the
4-19 noncompliance after the 30th day after the date on which the notice
4-20 is received constitutes a separate offense.
4-21 SECTION 4. (a) This Act takes effect September 1, 1993.
4-22 (b) An elevator, an escalator, or related equipment is not
4-23 required to comply with the standards adopted under Subchapter B,
4-24 Chapter 754, Health and Safety Code, as added by this Act, before
4-25 March 1, 1994.
4-26 (c) A person is not required to comply with the inspection
4-27 and certification requirements of Subchapter B, Chapter 754, Health
4-28 and Safety Code, as added by this Act, or required to display the
4-29 certificate of inspection required by that subchapter before March
4-30 1, 1994, and a person may not be prosecuted for an offense
4-31 committed under that subchapter before March 1, 1994.
4-32 (d) The commissioner of licensing and regulation shall
4-33 appoint the members of the elevator advisory board not later than
4-34 October 1, 1993, and the commissioner shall adopt rules to
4-35 implement Subchapter B, Chapter 754, Health and Safety Code, as
4-36 added by this Act, not later than January 1, 1994.
4-37 SECTION 5. The importance of this legislation and the
4-38 crowded condition of the calendars in both houses create an
4-39 emergency and an imperative public necessity that the
4-40 constitutional rule requiring bills to be read on three several
4-41 days in each house be suspended, and this rule is hereby suspended.
4-42 * * * * *
4-43 Austin,
4-44 Texas
4-45 April 15, 1993
4-46 Hon. Bob Bullock
4-47 President of the Senate
4-48 Sir:
4-49 We, your Committee on Economic Development to which was referred
4-50 H.B. No. 154, have had the same under consideration, and I am
4-51 instructed to report it back to the Senate with the recommendation
4-52 that it do pass and be printed.
4-53 Parker,
4-54 Chairman
4-55 * * * * *
4-56 WITNESSES
4-57 FOR AGAINST ON
4-58 ___________________________________________________________________
4-59 Name: Ted Freyer x
4-60 Representing: BOMA
4-61 City: Houston
4-62 -------------------------------------------------------------------
4-63 Name: John Renrick x
4-64 Representing: Nat'l Elevator Industry,
4-65 Inc.
4-66 City: Houston
4-67 -------------------------------------------------------------------
4-68 Name: Larry Niemann x
4-69 Representing: Tx Bldg Owners & Mgrs. Assn.
4-70 City: Austin
5-1 -------------------------------------------------------------------
5-2 Name: Robert Hawkins x
5-3 Representing: Self (QEI Inspector)
5-4 City: Pasadena
5-5 -------------------------------------------------------------------
5-6 Name: Tommy V. Smith x
5-7 Representing: IUEC
5-8 City: Dripping Springs
5-9 -------------------------------------------------------------------
5-10 Name: Jesse Bielefeld x
5-11 Representing: Granada Homes Inn
5-12 City: Von Ormy (San Antonio)
5-13 -------------------------------------------------------------------