By: Moncrief S.B. No. 190
73R263 LGF-F
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 and operation of elevators, escalators, and related
3-8 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 and operation
3-15 of elevators, escalators, and related equipment used by the public
3-16 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 not more stringent than the ANSI/ASME Safety Code for
4-2 Existing Elevators and Escalators A17.3-1986 in effect on September
4-3 1, 1994; and
4-4 (2) constructed or installed on or after September 1,
4-5 1993, that are not more stringent than the ASME/ANSI Safety Code
4-6 for Elevators and Escalators A17.1-1990 in effect on September 1,
4-7 1992.
4-8 Sec. 754.015. RULES. The director by rule shall provide
4-9 for:
4-10 (1) the inspection and certification of elevators,
4-11 escalators, and related equipment covered by standards adopted
4-12 under this subchapter;
4-13 (2) the enforcement of those standards;
4-14 (3) the certification of qualified persons as
4-15 inspectors for the purposes of this subchapter; and
4-16 (4) the form of the certificate of inspection.
4-17 Sec. 754.016. COVERAGE OF CERTIFICATE OF INSPECTION. A
4-18 certificate of inspection required under this subchapter must cover
4-19 all elevators, escalators, and related equipment in a building or
4-20 structure appurtenant to the building, including a parking
4-21 facility, that are owned by the same person or persons.
4-22 Sec. 754.017. CERTIFIED INSPECTORS. An inspector must meet
4-23 the qualification requirements of the ASME-QEI-1. An inspector or
4-24 inspection supervisor must be certified by an organization
4-25 accredited by ASME in accordance with the requirements of
4-26 ASME-QEI-1.
4-27 Sec. 754.018. POWERS OF MUNICIPALITIES. A municipality may
5-1 adopt and enforce within its limits such policies as adhere to or
5-2 are more stringent than those set forth by this chapter.
5-3 Sec. 754.019. DUTIES OF REAL PROPERTY OWNERS. (a) The
5-4 owner of real property on which an elevator, an escalator, or
5-5 related equipment covered by this subchapter is located shall:
5-6 (1) have the elevator, escalator, or related equipment
5-7 inspected and certified in accordance with the director's rules;
5-8 (2) obtain a certificate of inspection evidencing that
5-9 the elevator, escalator, or related equipment was inspected in
5-10 accordance with this subchapter and determined to be in compliance
5-11 with the safety standards adopted under Section 754.014;
5-12 (3) file with the director a copy of each certificate
5-13 of inspection and a $10 filing fee for each certificate not later
5-14 than the 30th day after the date on which an inspection is made
5-15 under this subchapter; and
5-16 (4) display the certificate of inspection:
5-17 (A) in the elevator mechanical room if the
5-18 certificate relates to the inspection of an elevator;
5-19 (B) in the escalator box if the certificate
5-20 relates to the inspection of an escalator; or
5-21 (C) in a place designated by the director if the
5-22 certificate relates to the inspection of related equipment.
5-23 (b) For the purpose of determining timely filing under
5-24 Subsection (a)(3), a certificate and fee are considered filed on
5-25 the date of mailing by United States mail if properly addressed to
5-26 the director.
5-27 (c) If the certificate copy and the fee required by
6-1 Subsection (a)(3) are not timely filed, the director may charge the
6-2 owner of the real property on which the equipment is located an
6-3 additional $100 fee for late filing.
6-4 (d) The director may not require that a certificate of
6-5 inspection be placed inside or immediately outside an elevator cab
6-6 or escalator or in the lobby or hallways of a building.
6-7 Sec. 754.020. DEPOSIT OF FEES. Fees collected under this
6-8 subchapter shall be deposited to the credit of an account in the
6-9 general revenue fund that may be used by the director only to
6-10 administer and enforce this subchapter and to reimburse expenses of
6-11 board members provided by this subchapter.
6-12 Sec. 754.021. LIST OF INSPECTORS; PERSONNEL. The director
6-13 may:
6-14 (1) compile a list of inspectors certified by the
6-15 director to perform an inspection under this subchapter; and
6-16 (2) employ personnel as necessary to enforce this
6-17 subchapter.
6-18 Sec. 754.022. NOTICE OF NONCOMPLIANCE. If the director
6-19 learns of a situation of noncompliance under Section 754.019, the
6-20 director shall send notice by certified mail of the noncompliance
6-21 and the actions required to remedy the noncompliance to the record
6-22 owner of the real property on which the equipment that is the
6-23 subject of the noncompliance is located.
6-24 Sec. 754.023. INJUNCTION. (a) The director is entitled to
6-25 appropriate injunctive relief to prevent a violation or threatened
6-26 violation of this subchapter or a rule adopted under this
6-27 subchapter.
7-1 (b) The director may bring suit in a district court in
7-2 Travis County or in the county in which the violation or threatened
7-3 violation occurs. If requested, the attorney general shall
7-4 represent the director in the suit.
7-5 Sec. 754.024. CRIMINAL PENALTY. (a) A person commits an
7-6 offense if the person receives notice of noncompliance under
7-7 Section 754.022 and the person fails or refuses to remedy the
7-8 noncompliance before the 31st day after the date on which the
7-9 notice is received.
7-10 (b) An offense under this section is a Class C misdemeanor.
7-11 (c) Each day of failure or refusal to remedy the
7-12 noncompliance after the 30th day after the date on which the notice
7-13 is received constitutes a separate offense.
7-14 SECTION 4. (a) This Act takes effect September 1, 1993.
7-15 (b) An elevator, an escalator, or related equipment is not
7-16 required to comply with the standards adopted under Subchapter B,
7-17 Chapter 754, Health and Safety Code, as added by this Act, before
7-18 January 1, 1994.
7-19 (c) A person is not required to comply with the inspection
7-20 and certification requirements of Subchapter B, Chapter 754, Health
7-21 and Safety Code, as added by this Act, or required to display the
7-22 certificate of inspection required by that subchapter before
7-23 January 1, 1994, and a person may not be prosecuted for an offense
7-24 committed under that subchapter before January 1, 1994.
7-25 (d) The director of licensing and regulation shall appoint
7-26 the members of the elevator advisory board not later than October
7-27 1, 1993, and the director shall adopt rules to implement Subchapter
8-1 B, Chapter 754, Health and Safety Code, as added by this Act, not
8-2 later than January 1, 1994.
8-3 SECTION 5. The importance of this legislation and the
8-4 crowded condition of the calendars in both houses create an
8-5 emergency and an imperative public necessity that the
8-6 constitutional rule requiring bills to be read on three several
8-7 days in each house be suspended, and this rule is hereby suspended.