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