By: Ellis S.B. No. 357
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation of persons operating, assembling, or
1-2 disassembling cranes; creating offenses and providing criminal
1-3 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) "Crane" means a tower crane used in construction,
1-7 demolition, or excavation work, a hydraulic crane, a power-operated
1-8 derrick, or a mobile, carrier-mounted, track or crawler type,
1-9 power-operated hoisting machine that utilizes a power-operated boom
1-10 capable of lateral movement by the rotation of the machine on the
1-11 carrier. The term does not include a tower crane used in oil and
1-12 gas exploration or drilling from a barge or from a mobile offshore
1-13 drilling unit, a rotary drilling rig used in oil and gas
1-14 production, or any vehicle or equipment that does not have a
1-15 power-operated winch and load line.
1-16 (2) "Department" means the Texas Department of
1-17 Licensing and Regulation.
1-18 SECTION 2. LICENSE REQUIRED; EXEMPTIONS. (a) Except as
1-19 provided by Subsection (b) of this section, a person may not
1-20 operate, erect, or disassemble a crane with a lifting capacity of
1-21 10,000 pounds or more without a license issued under this Act.
1-22 (b) A person is not required to obtain a license under this
1-23 Act if the person:
2-1 (1) is a member of the armed forces of the United
2-2 States who is performing the work of a crane operator or assembling
2-3 or disassembling a crane within the scope of the person's official
2-4 duties;
2-5 (2) is primarily an operator of farm machinery who is
2-6 performing the work of a crane operator as part of an agricultural
2-7 operation;
2-8 (3) is enrolled in a training program for crane
2-9 operators approved by the department or the United States
2-10 Department of Labor;
2-11 (4) operates a crane to handle cargo for a maritime
2-12 industry at a marine terminal or port area;
2-13 (5) operates a crane in the course and scope of the
2-14 person's employment if the employer:
2-15 (A) does not engage in the business of operating
2-16 cranes for hire; or
2-17 (B) has a training program for crane operators
2-18 that is approved by the department or by the United States
2-19 Department of Labor; or
2-20 (6) operates a crane in the course and scope of the
2-21 person's employment by a regulated utility, including an affiliate
2-22 or subsidiary of the public utility.
2-23 SECTION 3. POWERS AND DUTIES OF DEPARTMENT. (a) The
2-24 department shall:
2-25 (1) prescribe application forms for original and
3-1 renewal licenses;
3-2 (2) set application, examination, and license fees in
3-3 amounts that are reasonable and necessary to defray the costs of
3-4 the administration of this Act;
3-5 (3) adopt rules as provided by this section; and
3-6 (4) take other action as necessary to enforce this
3-7 Act.
3-8 (b) The department shall adopt rules for the operation,
3-9 erection, and disassembly of cranes in this state. The standards
3-10 prescribed by the rules must be at least as strict as the standards
3-11 prescribed by the Occupational Safety and Health Administration,
3-12 United States Department of Labor, as those standards exist at the
3-13 time the rules are adopted.
3-14 (c) The department by rule may establish a provisional
3-15 license program for apprentices or trainees who operate, assemble,
3-16 or disassemble cranes.
3-17 SECTION 4. ADVISORY BOARD. (a) The Advisory Board on Crane
3-18 Operation and Assembly is composed of five members appointed by the
3-19 department as follows:
3-20 (1) one crane operator eligible to receive a license
3-21 under this Act who has at least 10 years' experience in crane
3-22 operation;
3-23 (2) one person who owns a crane operated in this
3-24 state;
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 (5) one representative of the insurance industry.
4-7 (b) A board member serves a two-year term.
4-8 (c) The board shall make recommendations to the department
4-9 relating to the content of licensing examinations.
4-10 SECTION 5. EXAMINATION. (a) The department shall conduct
4-11 an examination of applicants for licensing at times and places
4-12 designated by the department.
4-13 (b) The department shall prescribe the contents of each
4-14 licensing examination, which must consist of either a written or
4-15 oral examination at the option of the applicant and, in addition, a
4-16 practical demonstration. The department shall determine standards
4-17 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, constitutes a
5-25 ground for the suspension or revocation of a license issued under
6-1 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).
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 defined by Subdivision
6-25 (1), Section 1.04, Alcoholic Beverage Code;
7-1 (2) a controlled substance or controlled substance
7-2 analogue as defined by Section 481.002, Health and Safety Code;
7-3 (3) a dangerous drug as defined by Section 483.001,
7-4 Health and Safety Code;
7-5 (4) a volatile chemical as defined by Section 484.002,
7-6 Health and Safety Code; or
7-7 (5) an abusable glue or aerosol paint as defined by
7-8 Section 485.001, Health and Safety Code.
7-9 (c) An offense under Subsection (a) of this section is a
7-10 Class B misdemeanor. An offense under Subsection (b) of this
7-11 section is a felony of the third degree.
7-12 SECTION 11. EFFECTIVE DATE FOR LICENSE REQUIREMENT;
7-13 TRANSITION. (a) A person is not required to obtain a license
7-14 under this Act until February 1, 1994.
7-15 (b) The department by rule may establish a system to stagger
7-16 the examination dates of the initial licenses issued under this
7-17 Act.
7-18 (c) A person qualified to operate a crane on
7-19 September 1, 1993, under rules prescribed by the United States
7-20 Department of Labor is entitled to a license without examination
7-21 under this Act if the person applies for a license not later than
7-22 January 1, 1994, and pays the required application and licensing
7-23 fees.
7-24 (d) The department shall adopt the initial rules required
7-25 under Subsection (b) of Section 3 of this Act not later than
8-1 December 1, 1993.
8-2 SECTION 12. EFFECTIVE DATE; CREATION OF BOARD. (a) This
8-3 Act takes effect September 1, 1993, except that Section 2 and
8-4 Subsection (a) of Section 10 take effect February 1, 1994.
8-5 (b) The Advisory Board on Crane Operation and Assembly is
8-6 created on September 1, 1993.
8-7 SECTION 13. EMERGENCY. The importance of this legislation
8-8 and the crowded condition of the calendars in both houses create an
8-9 emergency and an imperative public necessity that the
8-10 constitutional rule requiring bills to be read on three several
8-11 days in each house be suspended, and this rule is hereby suspended.