1-1 By: Ellis S.B. No. 357
1-2 (In the Senate - Filed February 15, 1993; February 16, 1993,
1-3 read first time and referred to Committee on Economic Development;
1-4 April 22, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 10, Nays 0; April 22, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Parker x
1-10 Lucio x
1-11 Ellis x
1-12 Haley x
1-13 Harris of Dallas x
1-14 Harris of Tarrant x
1-15 Leedom x
1-16 Madla x
1-17 Rosson x
1-18 Shapiro x
1-19 Wentworth x
1-20 COMMITTEE SUBSTITUTE FOR S.B. No. 357 By: Ellis
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the regulation of persons operating, assembling, or
1-24 disassembling cranes; creating offenses and providing criminal
1-25 penalties.
1-26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-27 SECTION 1. DEFINITIONS. In this Act:
1-28 (1) "Crane" means a tower crane used in construction,
1-29 demolition, or excavation work, a hydraulic crane, a power-operated
1-30 derrick, or a mobile, carrier-mounted, track or crawler type,
1-31 power-operated hoisting machine that utilizes a power-operated boom
1-32 capable of lateral movement by the rotation of the machine on the
1-33 carrier. The term does not include a tower crane used in oil and
1-34 gas exploration or drilling from a barge or from a mobile offshore
1-35 drilling unit, a rotary drilling rig used in oil and gas
1-36 production, or any vehicle or equipment that does not have a
1-37 power-operated winch and load line.
1-38 (2) "Department" means the Texas Department of
1-39 Licensing and Regulation.
1-40 SECTION 2. LICENSE REQUIRED; EXEMPTIONS. (a) Except as
1-41 provided by Subsection (b) of this section, a person may not
1-42 operate, erect, or disassemble a crane with a lifting capacity of
1-43 10,000 pounds or more without a license issued under this Act.
1-44 (b) A person is not required to obtain a license under this
1-45 Act if the person:
1-46 (1) is a member of the armed forces of the United
1-47 States who is performing the work of a crane operator or assembling
1-48 or disassembling a crane within the scope of the person's official
1-49 duties;
1-50 (2) is primarily an operator of farm machinery who is
1-51 performing the work of a crane operator as part of an agricultural
1-52 operation;
1-53 (3) is enrolled in a training program for crane
1-54 operators approved by the department or the United States
1-55 Department of Labor;
1-56 (4) operates a crane to handle cargo for a maritime
1-57 industry at a marine terminal or port area;
1-58 (5) operates a crane in the course and scope of the
1-59 person's employment if the employer:
1-60 (A) does not engage in the business of operating
1-61 cranes for hire; or
1-62 (B) has a training program for crane operators
1-63 that is approved by the department or by the United States
1-64 Department of Labor; or
1-65 (6) operates a crane in the course and scope of the
1-66 person's employment by a regulated utility, including an affiliate
1-67 or subsidiary of the public utility.
1-68 SECTION 3. POWERS AND DUTIES OF DEPARTMENT. (a) The
2-1 department shall:
2-2 (1) prescribe application forms for original and
2-3 renewal licenses;
2-4 (2) set application, examination, and license fees in
2-5 amounts that are reasonable and necessary to defray the costs of
2-6 the administration of this Act;
2-7 (3) adopt rules as provided by this section; and
2-8 (4) take other action as necessary to enforce this
2-9 Act.
2-10 (b) The department shall adopt rules for the operation,
2-11 erection, and disassembly of cranes in this state. The standards
2-12 prescribed by the rules must be at least as strict as the standards
2-13 prescribed by the Occupational Safety and Health Administration,
2-14 United States Department of Labor, as those standards exist at the
2-15 time the rules are adopted.
2-16 (c) The department by rule may establish a provisional
2-17 license program for apprentices or trainees who operate, assemble,
2-18 or disassemble cranes.
2-19 SECTION 4. ADVISORY BOARD. (a) The Advisory Board on Crane
2-20 Operation and Assembly is composed of five members appointed by the
2-21 department as follows:
2-22 (1) one crane operator eligible to receive a license
2-23 under this Act who has at least 10 years' experience in crane
2-24 operation;
2-25 (2) one person who owns a crane operated in this
2-26 state;
2-27 (3) one engineer licensed in this state who has at
2-28 least five years' experience in safety engineering relating to
2-29 construction operations that involve the use of cranes;
2-30 (4) one instructor in crane operation who is qualified
2-31 under rules prescribed by the United States Department of Labor
2-32 under the National Apprenticeship Act (29 U.S.C. Chapter 4c); and
2-33 (5) one representative of the insurance industry.
2-34 (b) A board member serves a two-year term.
2-35 (c) The board shall make recommendations to the department
2-36 relating to the content of licensing examinations.
2-37 SECTION 5. EXAMINATION. (a) The department shall conduct
2-38 an examination of applicants for licensing at times and places
2-39 designated by the department.
2-40 (b) The department shall prescribe the contents of each
2-41 licensing examination, which must consist of either a written or
2-42 oral examination at the option of the applicant and, in addition, a
2-43 practical demonstration. The department shall determine standards
2-44 for acceptable performance on the examination.
2-45 (c) If requested by a person who fails the examination, the
2-46 department shall provide to the person a written analysis of the
2-47 person's performance on the examination.
2-48 SECTION 6. LICENSE ISSUANCE. (a) The department shall
2-49 issue a license to an applicant who:
2-50 (1) is at least 18 years of age;
2-51 (2) meets the application requirements prescribed by
2-52 department rule;
2-53 (3) passes the licensing examination; and
2-54 (4) pays the application, examination, and licensing
2-55 fees.
2-56 (b) A license issued under this Act is valid throughout this
2-57 state but is not assignable or transferable.
2-58 SECTION 7. LICENSE RENEWAL. A license issued under this Act
2-59 is valid for one year from the date of issuance. A license holder
2-60 may renew the license by filing a renewal application with the
2-61 department, accompanied by the required renewal fee. Every sixth
2-62 year, the license holder must also take the licensing examination
2-63 administered by the department and is entitled to a renewal license
2-64 on passage of the examination and payment of the examination and
2-65 renewal fees.
2-66 SECTION 8. DENIAL, SUSPENSION, REVOCATION, OR REINSTATEMENT
2-67 OF LICENSE. (a) The department may deny, suspend, revoke, or
2-68 reinstate a license.
2-69 (b) A violation of this Act or a rule adopted under this Act
2-70 constitutes a ground for the denial, suspension, or revocation of a
3-1 license issued under this Act. The department may adopt rules
3-2 establishing additional grounds for denial, suspension, revocation,
3-3 or reinstatement of a license and establishing procedures for
3-4 disciplinary actions.
3-5 (c) Operation, assembly, or disassembly of a crane in
3-6 violation of Chapter 752, Health and Safety Code, constitutes a
3-7 ground for the suspension or revocation of a license issued under
3-8 this Act.
3-9 (d) Proceedings relating to the suspension or revocation of
3-10 a license issued under this Act are subject to the Administrative
3-11 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
3-12 Civil Statutes).
3-13 (e) A person whose license has been revoked may apply for a
3-14 new license after the expiration of one year from the date of the
3-15 revocation.
3-16 SECTION 9. EFFECT OF ACCIDENT. (a) After a hearing, the
3-17 department may suspend or revoke the license of a person involved
3-18 in an accident relating to the operation, assembly, or disassembly
3-19 of a crane by that person.
3-20 (b) If the department determines that the accident was
3-21 caused by the actions or omissions of the license holder, the
3-22 department shall require the license holder to retake and pass the
3-23 licensing examination before the license holder may apply to have
3-24 the license reinstated.
3-25 SECTION 10. PENALTIES. (a) A person required to obtain a
3-26 license under this Act commits an offense if the person operates,
3-27 assembles, or disassembles a crane without a license.
3-28 (b) A person commits an offense if the person knowingly or
3-29 intentionally operates, assembles, or disassembles a crane while
3-30 under the influence of:
3-31 (1) an alcoholic beverage as defined by Subdivision
3-32 (1), Section 1.04, Alcoholic Beverage Code;
3-33 (2) a controlled substance or controlled substance
3-34 analogue as defined by Section 481.002, Health and Safety Code;
3-35 (3) a dangerous drug as defined by Section 483.001,
3-36 Health and Safety Code;
3-37 (4) a volatile chemical as defined by Section 484.002,
3-38 Health and Safety Code; or
3-39 (5) an abusable glue or aerosol paint as defined by
3-40 Section 485.001, Health and Safety Code.
3-41 (c) An offense under Subsection (a) of this section is a
3-42 Class B misdemeanor. An offense under Subsection (b) of this
3-43 section is a felony of the third degree.
3-44 SECTION 11. EFFECTIVE DATE FOR LICENSE REQUIREMENT;
3-45 TRANSITION. (a) A person is not required to obtain a license
3-46 under this Act until February 1, 1994.
3-47 (b) The department by rule may establish a system to stagger
3-48 the examination dates of the initial licenses issued under this
3-49 Act.
3-50 (c) A person qualified to operate a crane on
3-51 September 1, 1993, under rules prescribed by the United States
3-52 Department of Labor is entitled to a license without examination
3-53 under this Act if the person applies for a license not later than
3-54 January 1, 1994, and pays the required application and licensing
3-55 fees.
3-56 (d) The department shall adopt the initial rules required
3-57 under Subsection (b) of Section 3 of this Act not later than
3-58 December 1, 1993.
3-59 SECTION 12. EFFECTIVE DATE; CREATION OF BOARD. (a) This
3-60 Act takes effect September 1, 1993, except that Section 2 and
3-61 Subsection (a) of Section 10 take effect February 1, 1994.
3-62 (b) The Advisory Board on Crane Operation and Assembly is
3-63 created on September 1, 1993.
3-64 SECTION 13. EMERGENCY. The importance of this legislation
3-65 and the crowded condition of the calendars in both houses create an
3-66 emergency and an imperative public necessity that the
3-67 constitutional rule requiring bills to be read on three several
3-68 days in each house be suspended, and this rule is hereby suspended.
3-69 * * * * *
3-70 Austin,
4-1 Texas
4-2 April 22, 1993
4-3 Hon. Bob Bullock
4-4 President of the Senate
4-5 Sir:
4-6 We, your Committee on Economic Development to which was referred
4-7 S.B. No. 357, have had the same under consideration, and I am
4-8 instructed to report it back to the Senate with the recommendation
4-9 that it do not pass, but that the Committee Substitute adopted in
4-10 lieu thereof do pass and be printed.
4-11 Parker,
4-12 Chairman
4-13 * * * * *
4-14 WITNESSES
4-15 FOR AGAINST ON
4-16 ___________________________________________________________________
4-17 Name: E. L. McGowen, Jr. x
4-18 Representing: COAT I
4-19 City: Houston
4-20 -------------------------------------------------------------------
4-21 Name: Robert Kight x
4-22 Representing: I.U.O.E. Local 450
4-23 City: Nederland
4-24 -------------------------------------------------------------------
4-25 Name: Ronald Witt x
4-26 Representing: I.U.O.E. Local 450
4-27 City: Galveston
4-28 -------------------------------------------------------------------
4-29 Name: Dee Simpson x
4-30 Representing: Amer. Fed. of St., Co. & Mun.
4-31 City: Austin
4-32 -------------------------------------------------------------------
4-33 Name: Emmett Sheppard x
4-34 Representing: United Labor Leg. Committee
4-35 City: Austin
4-36 -------------------------------------------------------------------
4-37 Name: Robert W. Brown, Jr. x
4-38 Representing: Int'l Union of Operating Engr
4-39 City: Pleasanton
4-40 -------------------------------------------------------------------