73R8970 JMM-F
By Martin H.B. No. 1033
Substitute the following for H.B. No. 1033:
By Yarbrough C.S.H.B. No. 1033
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of persons operating, assembling, or
1-3 disassembling cranes; providing criminal penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Definitions. In this Act:
1-6 (1) "Board" means the Licensing Board on Crane
1-7 Operation and Assembly.
1-8 (2) "Crane" means a machine designed to hoist and
1-9 swing loads at various radii that consists of a rotating
1-10 superstructure with the power plant, operating machinery, and boom
1-11 mounted on:
1-12 (A) a base that is equipped with crawler treads
1-13 for travel;
1-14 (B) an automotive truck that is equipped with a
1-15 power plant for travel;
1-16 (C) a base or platform that is equipped with
1-17 axles and rubber-tired wheels for travel and is usually propelled
1-18 by the engine in the superstructure but may be equipped with a
1-19 separate engine controlled from the superstructure;
1-20 (D) a base or car that is equipped for travel on
1-21 a railroad track and is self-propelled or propelled by an outside
1-22 source; or
1-23 (E) a pedestal or tower.
2-1 (3) "Department" means the Texas Department of
2-2 Licensing and Regulation.
2-3 SECTION 2. LICENSE REQUIRED; EXEMPTIONS. (a) Except as
2-4 provided by Subsection (b) of this section, a person may not
2-5 operate, erect, or disassemble a crane with a lifting capacity of
2-6 10,000 pounds or more without a license issued under this Act.
2-7 (b) A person is not required to obtain a license under this
2-8 Act if the person:
2-9 (1) is a member of the armed forces of the United
2-10 States or an employee of the federal government who is performing
2-11 the work of a crane operator or assembling or disassembling a crane
2-12 within the scope of the person's official duties;
2-13 (2) is primarily an operator of farm machinery who is
2-14 performing the work of a crane operator as part of an agricultural
2-15 operation;
2-16 (3) is enrolled in a training program for crane
2-17 operators approved by the department or the United States
2-18 Department of Labor; or
2-19 (4) operates a crane in the course and scope of the
2-20 person's employment by a regulated utility or an affiliate or
2-21 subsidiary of the utility.
2-22 SECTION 3. Powers and Duties of Department. (a) The
2-23 department shall:
2-24 (1) prescribe application forms for original and
2-25 renewal licenses;
3-1 (2) set application, examination, and license fees in
3-2 amounts that are reasonable and necessary to defray the costs of
3-3 the administration of this Act;
3-4 (3) adopt rules as provided by this section; and
3-5 (4) take other action as necessary to enforce this
3-6 Act.
3-7 (b) The department shall adopt rules for the operation,
3-8 erection, and disassembly of cranes in this state. The standards
3-9 prescribed by the rules must be at least as strict as the standards
3-10 prescribed by the Occupational Safety and Health Administration,
3-11 United States Department of Labor, as those standards exist at the
3-12 time the rules are adopted.
3-13 (c) The department by rule may establish a provisional
3-14 license program for apprentices or trainees who operate, assemble,
3-15 or disassemble cranes.
3-16 SECTION 4. Licensing Board. (a) The Licensing Board on
3-17 Crane Operation and Assembly is composed of five members appointed
3-18 by the department as follows:
3-19 (1) one crane operator eligible to receive a license
3-20 under this Act who has at least 10 years' experience in crane
3-21 operation;
3-22 (2) one person who owns a crane rental company that
3-23 has conducted business in this state for at least 10 years
3-24 preceding the date the person is appointed;
3-25 (3) one engineer licensed in this state who has at
4-1 least five years' experience in safety engineering relating to
4-2 construction operations that involve the use of cranes;
4-3 (4) one instructor in crane operation who is qualified
4-4 under rules prescribed by the United States Department of Labor
4-5 under the National Apprenticeship Act (29 U.S.C. Chapter 4C) and
4-6 its subsequent amendments; and
4-7 (5) one representative of the insurance industry.
4-8 (b) A board member serves a two-year term.
4-9 (c) The board shall prescribe the contents of the licensing
4-10 examination.
4-11 SECTION 5. Examination. (a) The department shall conduct
4-12 an examination of applicants for licensing at times and places
4-13 designated by the department.
4-14 (b) The licensing examination must consist of either a
4-15 written or oral examination at the option of the applicant and, in
4-16 addition, a practical demonstration. The board shall determine
4-17 standards for acceptable performance on the examination.
4-18 (c) If requested by a person who fails the examination, the
4-19 department shall provide to the person a written analysis of the
4-20 person's performance on the examination.
4-21 SECTION 6. License Issuance. (a) The department shall
4-22 issue a license to an applicant who:
4-23 (1) is at least 18 years of age;
4-24 (2) meets the application requirements prescribed by
4-25 department rule;
5-1 (3) passes the licensing examination; and
5-2 (4) pays the application, examination, and licensing
5-3 fees.
5-4 (b) A license issued under this Act is valid throughout this
5-5 state but is not assignable or transferable.
5-6 SECTION 7. License Renewal. A license issued under this Act
5-7 is valid for one year from the date of issuance. A license holder
5-8 may renew the license by filing a renewal application with the
5-9 department, accompanied by the required renewal fee. Every sixth
5-10 year, the license holder must also take the licensing examination
5-11 administered by the department and is entitled to a renewal license
5-12 on passage of the examination and payment of the examination and
5-13 renewal fees.
5-14 SECTION 8. Denial, Suspension, Revocation, or Reinstatement
5-15 of License. (a) The department may deny, suspend, revoke, or
5-16 reinstate a license.
5-17 (b) A violation of this Act or a rule adopted under this Act
5-18 constitutes a ground for the denial, suspension, or revocation of a
5-19 license issued under this Act. The department may adopt rules
5-20 establishing additional grounds for denial, suspension, revocation,
5-21 or reinstatement of a license and establishing procedures for
5-22 disciplinary actions.
5-23 (c) Operation, assembly, or disassembly of a crane in
5-24 violation of Chapter 752, Health and Safety Code, and its
5-25 subsequent amendments constitutes a ground for the suspension or
6-1 revocation of a license issued under this Act.
6-2 (d) Proceedings relating to the suspension or revocation of
6-3 a license issued under this Act are subject to the Administrative
6-4 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
6-5 Civil Statutes) and its subsequent amendments.
6-6 (e) A person whose license has been revoked may apply for a
6-7 new license after the expiration of one year from the date of the
6-8 revocation.
6-9 SECTION 9. Effect of Accident. (a) After a hearing, the
6-10 department may suspend or revoke the license of a person involved
6-11 in an accident relating to the operation, assembly, or disassembly
6-12 of a crane by that person.
6-13 (b) If the department determines that the accident was
6-14 caused by the actions or omissions of the license holder, the
6-15 department shall require the license holder to retake and pass the
6-16 licensing examination before the license holder may apply to have
6-17 the license reinstated.
6-18 SECTION 10. Penalties. (a) A person required to obtain a
6-19 license under this Act commits an offense if the person operates,
6-20 assembles, or disassembles a crane without a license.
6-21 (b) A person commits an offense if the person knowingly or
6-22 intentionally operates, assembles, or disassembles a crane while
6-23 under the influence of:
6-24 (1) an alcoholic beverage, as that term is defined by
6-25 Section 1.04(1), Alcoholic Beverage Code, and its subsequent
7-1 amendments;
7-2 (2) a controlled substance or controlled substance
7-3 analogue, as those terms are defined by Section 481.002, Health and
7-4 Safety Code, and its subsequent amendments;
7-5 (3) a dangerous drug, as defined by Section 483.001,
7-6 Health and Safety Code, and its subsequent amendments;
7-7 (4) a volatile chemical, as that term is defined by
7-8 Section 484.002, Health and Safety Code, and its subsequent
7-9 amendments; or
7-10 (5) an abusable glue or aerosol paint, as those terms
7-11 are defined by Section 485.001, Health and Safety Code, and its
7-12 subsequent amendments.
7-13 (c) An offense under Subsection (a) of this section is a
7-14 Class B misdemeanor. An offense under Subsection (b) of this
7-15 section is a felony of the third degree.
7-16 SECTION 11. Effective Date For License Requirement;
7-17 Transition. (a) A person is not required to obtain a license
7-18 under this Act until February 1, 1994.
7-19 (b) The department, by rule, may establish a system to
7-20 stagger the examination dates of the initial licenses issued under
7-21 this Act.
7-22 (c) A person qualified to operate a crane on September 1,
7-23 1993, under rules prescribed by the United States Department of
7-24 Labor is entitled to a license without examination under this Act
7-25 if the person applies for a license not later than January 1, 1994,
8-1 and pays the required application and licensing fees.
8-2 (d) The department shall adopt the initial rules required
8-3 under Section 3(b) of this Act not later than December 1, 1993.
8-4 SECTION 12. Effective Date; Creation of Board. (a) This
8-5 Act takes effect September 1, 1993, except that Sections 2 and
8-6 10(a) take effect February 1, 1994.
8-7 (b) The Licensing Board on Crane Operation and Assembly is
8-8 created on the effective date of this Act.
8-9 SECTION 13. Emergency. The importance of this legislation
8-10 and the crowded condition of the calendars in both houses create an
8-11 emergency and an imperative public necessity that the
8-12 constitutional rule requiring bills to be read on three several
8-13 days in each house be suspended, and this rule is hereby suspended.