By Martin 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; creating offenses and providing criminal
1-4 penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. DEFINITIONS. In this Act:
1-7 (1) "Crane" means a tower crane used in construction,
1-8 demolition, or excavation work, a hydraulic crane, a power-operated
1-9 derrick, or a mobile, carrier-mounted, track or crawler type,
1-10 power-operated hoisting machine that utilizes a power-operated boom
1-11 capable of lateral movement by the rotation of the machine on the
1-12 carrier. The term does not include a tower crane used in oil and
1-13 gas exploration or drilling from a barge or from a mobile offshore
1-14 drilling unit, a rotary drilling rig used in oil and gas
1-15 production, or any vehicle or equipment that does not have a
1-16 power-operated winch and load line.
1-17 (2) "Department" means the Texas Department of
1-18 Licensing and Regulation.
1-19 SECTION 2. LICENSE REQUIRED; EXEMPTIONS. (a) Except as
1-20 provided by Subsection (b) of this section, a person may not
1-21 operate, erect, or disassemble a crane weighing 10,000 pounds or
1-22 more without a license issued under this Act.
1-23 (b) A person is not required to obtain a license under this
2-1 Act if the person:
2-2 (1) is a member of the armed forces of the United
2-3 States who is performing the work of a crane operator or assembling
2-4 or disassembling a crane within the scope of the person's official
2-5 duties;
2-6 (2) is primarily an operator of farm machinery who is
2-7 performing the work of a crane operator as part of an agricultural
2-8 operation;
2-9 (3) is enrolled in a training program for crane
2-10 operators approved by the department or the United States
2-11 Department of Labor;
2-12 (4) operates a crane to handle cargo for a maritime
2-13 industry at a marine terminal or port area;
2-14 (5) operates a crane in the course and scope of the
2-15 person's employment if the employer:
2-16 (A) does not engage in the business of operating
2-17 cranes for hire; and
2-18 (B) has a training program for crane operators
2-19 that is approved by the department or by the United States
2-20 Department of Labor; or
2-21 (6) operates a crane in the course and scope of the
2-22 person's employment by a public utility regulated under the Public
2-23 Utility Regulatory Act (Article 1446c, Vernon's Texas Civil
2-24 Statutes), including an affiliate or subsidiary of the public
2-25 utility.
3-1 SECTION 3. POWERS AND DUTIES OF DEPARTMENT. (a) The
3-2 department shall:
3-3 (1) prescribe application forms for original and
3-4 renewal licenses;
3-5 (2) set application, examination, and license fees in
3-6 amounts that are reasonable and necessary to defray the costs of
3-7 the administration of this Act;
3-8 (3) adopt rules as provided by this section; and
3-9 (4) take other action as necessary to enforce this
3-10 Act.
3-11 (b) The department shall adopt rules for the operation,
3-12 erection, and disassembly of cranes in this state. The standards
3-13 prescribed by the rules must be at least as strict as the standards
3-14 prescribed by the American National Standards Institute as those
3-15 standards exist at the time the rules are adopted.
3-16 (c) The department by rule may establish a provisional
3-17 license program for apprentices or trainees who operate, assemble,
3-18 or disassemble cranes.
3-19 SECTION 4. ADVISORY BOARD. (a) The Advisory Board on Crane
3-20 Operation and Assembly is composed of five members appointed by the
3-21 department as follows:
3-22 (1) one crane operator eligible to receive a license
3-23 under this Act who has at least 10 years' experience in crane
3-24 operation;
3-25 (2) one person who owns a crane operated in this
4-1 state;
4-2 (3) one engineer licensed in this state who has at
4-3 least five years' experience in safety engineering relating to
4-4 construction operations that involve the use of cranes;
4-5 (4) one instructor in crane operation who is qualified
4-6 under rules prescribed by the United States Department of Labor
4-7 under the National Apprenticeship Act (29 U.S.C. Chapter 4c); and
4-8 (5) one representative of the insurance industry.
4-9 (b) A board member serves a two-year term.
4-10 (c) The board shall make recommendations to the department
4-11 relating to the content of licensing examinations.
4-12 SECTION 5. EXAMINATION. (a) The department shall conduct
4-13 an examination of applicants for licensing at times and places
4-14 designated by the department.
4-15 (b) The department shall prescribe the contents of each
4-16 licensing examination, which must consist of either a written or
4-17 oral examination at the option of the applicant and, in addition, a
4-18 practical demonstration. The department shall determine standards
4-19 for acceptable performance on the examination.
4-20 (c) If requested by a person who fails the examination, the
4-21 department shall provide to the person a written analysis of the
4-22 person's performance on the examination.
4-23 SECTION 6. LICENSE ISSUANCE. (a) The department shall
4-24 issue a license to an applicant who:
4-25 (1) is at least 18 years of age;
5-1 (2) meets the application requirements prescribed by
5-2 department rule;
5-3 (3) passes the licensing examination; and
5-4 (4) pays the application, examination, and licensing
5-5 fees.
5-6 (b) A license issued under this Act is valid throughout this
5-7 state but is not assignable or transferable.
5-8 SECTION 7. LICENSE RENEWAL. A license issued under this Act
5-9 is valid for one year from the date of issuance. A license holder
5-10 may renew the license by filing a renewal application with the
5-11 department, accompanied by the required renewal fee. Every sixth
5-12 year, the license holder must also take the licensing examination
5-13 administered by the department and is entitled to a renewal license
5-14 on passage of the examination and payment of the examination and
5-15 renewal fees.
5-16 SECTION 8. DENIAL, SUSPENSION, REVOCATION, OR REINSTATEMENT
5-17 OF LICENSE. (a) The department may deny, suspend, revoke, or
5-18 reinstate a license.
5-19 (b) A violation of this Act or a rule adopted under this Act
5-20 constitutes a ground for the denial, suspension, or revocation of a
5-21 license issued under this Act. The department may adopt rules
5-22 establishing additional grounds for denial, suspension, revocation,
5-23 or reinstatement of a license and establishing procedures for
5-24 disciplinary actions.
5-25 (c) Operation, assembly, or disassembly of a crane in
6-1 violation of Chapter 752, Health and Safety Code, constitutes a
6-2 ground for the suspension or revocation of a license issued under
6-3 this Act.
6-4 (d) Proceedings relating to the suspension or revocation of
6-5 a license issued under this Act are subject to the Administrative
6-6 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
6-7 Civil Statutes).
6-8 (e) A person whose license has been revoked may apply for a
6-9 new license after the expiration of one year from the date of the
6-10 revocation.
6-11 SECTION 9. EFFECT OF ACCIDENT. (a) After a hearing, the
6-12 department may suspend or revoke the license of a person involved
6-13 in an accident relating to the operation, assembly, or disassembly
6-14 of a crane by that person.
6-15 (b) If the department determines that the accident was
6-16 caused by the actions or omissions of the license holder, the
6-17 department shall require the license holder to retake and pass the
6-18 licensing examination before the license holder may apply to have
6-19 the license reinstated.
6-20 SECTION 10. PENALTIES. (a) A person required to obtain a
6-21 license under this Act commits an offense if the person operates,
6-22 assembles, or disassembles a crane without a license.
6-23 (b) A person commits an offense if the person knowingly or
6-24 intentionally operates, assembles, or disassembles a crane while
6-25 under the influence of:
7-1 (1) an alcoholic beverage as defined by Subdivision
7-2 (1), Section 1.04, Alcoholic Beverage Code;
7-3 (2) a controlled substance or controlled substance
7-4 analogue as defined by Section 481.002, Health and Safety Code;
7-5 (3) a dangerous drug as defined by Section 483.001,
7-6 Health and Safety Code;
7-7 (4) a volatile chemical as defined by Section 484.002,
7-8 Health and Safety Code; or
7-9 (5) an abusable glue or aerosol paint as defined by
7-10 Section 485.001, Health and Safety Code.
7-11 (c) An offense under Subsection (a) of this section is a
7-12 Class B misdemeanor. An offense under Subsection (b) of this
7-13 section is a felony of the third degree.
7-14 SECTION 11. EFFECTIVE DATE FOR LICENSE REQUIREMENT;
7-15 TRANSITION. (a) A person is not required to obtain a license
7-16 under this Act until February 1, 1994.
7-17 (b) The department by rule may establish a system to stagger
7-18 the examination dates of the initial licenses issued under this
7-19 Act.
7-20 (c) A person qualified to operate a crane on
7-21 September 1, 1993, under rules prescribed by the United States
7-22 Department of Labor is entitled to a license without examination
7-23 under this Act if the person applies for a license not later than
7-24 January 1, 1994, and pays the required application and licensing
7-25 fees.
8-1 (d) The department shall adopt the initial rules required
8-2 under Subsection (b) of Section 3 of this Act not later than
8-3 December 1, 1991.
8-4 SECTION 12. EFFECTIVE DATE; CREATION OF BOARD. (a) This
8-5 Act takes effect September 1, 1993, except that Section 2 and
8-6 Subsection (a) of Section 10 take effect February 1, 1994.
8-7 (b) The Advisory 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.