BILL ANALYSIS



S.B. 739
By: Leedom (Brimer)
4-24-95
Committee Report (Amended)


BACKGROUND

Currently, the standards of the Commissioner of Licensing and
Regulation for elevators, escalators, and related equipment used by
the public does not apply to non-public restricted access elevators
which the public is not generally invited to use.  Attorney General
Letter Opinion 94-096, however, determined that the "public"
included "any and all individuals" and that all elevators which
carried members of the public were subject to inspection with the
exception of those found in private homes.


PURPOSE

S.B. 739 provides that Chapter 754B, Texas Health and Safety Code,
does not apply to an elevator, an escalator, or related equipment
in an industrial facility to which access is limited principally to
employees of that facility.


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 754.014, Texas Health and Safety Code,
by adding Subsection (d), to provide that Chapter 754B does not
apply to an elevator, an escalator, or related equipment in an
industrial facility to which access is limited principally to
employees of that facility.

SECTION 2. Effective date: September 1, 1995.

SECTION 3. Emergency clause.

EXPLANATION OF AMENDMENTS

Amendment #1, amends on page 1, lines 14-15, and adds a new
subsection (2) to read, that "buildings that contain an elevator,
escalator, or related equipment that is open to the general public
including a hotel, motel, apartment house, boarding house, church,
office, shopping center, or other commercial establishment." 
Committee amendment #2, amends SB 739 by striking SECTION 2, and
substitutes language granting an exemption stating that this
subchapter does not apply to an elevator, escalator, or related
equipment in a private building for a labor union, trade
association, private club or charitable organization with two or
fewer floors, and then renumbers the subsequent sections.


SUMMARY OF COMMITTEE ACTION

SB 739 was heard in a Public Hearing on April 19, 1995.  The Chair
laid out SB 739 and recognized the House Sponsor, Rep. Brimer, to
explain the bill.  Rep. Brimer offered Committee Amendment #1,
explained the amendment, and moved adoption of the amendment. 
There was no objection.  Rep. Brimer offered Committee Amendment
#2, explained the amendment, and moved adoption of the amendment. 
There was no objection.  The Chair recognized the following persons
to testify in favor of the bill:
     Mr. Frank Meyers, TU Electric and Assn. Electric Companies of
Tx.;
The Chair recognized Rep. Brimer to close.  SB 739 was left pending
in committee.  There was no objection.  SB 739 was considered in a
Formal Meeting on April 24, 1995.  The Chair laid out SB 739 as
amended which was pending in committee.  There was no objection. 
Rep. Brimer moved that the full committee adopt SB 739 as amended,
and that it be reported favorably to the full House with the
recommendation that it do pass and be printed.  The motion
prevailed by the following vote:  AYES: 9, NAYS: 0, ABSENT: 0