BILL ANALYSIS



S.B. 1044
By: Brown (Yarbrough)
5-16-95
Committee Report (Unamended)


BACKGROUND

In 1993, an elevator inspection bill passed the legislature with
the support of building owners, elevator manufacturers, elevator
maintenance companies, elevator inspectors, and elevator unions. 
Since its passage, a number of inequities and drafting errors in
the bill have surfaced.


PURPOSE

S.B. 1044 amends the regulation and inspection of elevators,
escalators, and related equipment; amends the licensing of elevator
inspectors; provides acts that are considered offenses if
committed.


RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the Texas Commission on Licensing and Regulation under SECTION
1 (Section 754.015(a)(4), Health and Safety Code) of this bill.


SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 754B, Health and Safety Code, as follows:

           ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT

     Sec.  754.011.  DEFINITIONS.  Defines "ASME Code A17.1," "ASME
     Code A17.3," "board," "commission," "commissioner,"
     "department," and "qualified historic building or facility." 
     Redefines "related equipment."
     
     Sec.  754.012.  ELEVATOR ADVISORY BOARD.  Makes no changes.
     
     Sec.  754.013.  BOARD DUTIES.  Requires the elevator advisory
     board (board) to advise the commissioner of licensing and
     regulation (commissioner) on, among others, the adoption of
     standards for the installation, alteration, operation, and
     inspection of elevators, escalators, and related equipment
     (elevators) to protect public safety and to identify and
     correct potential hazards.
     
     Sec.  754.014.  STANDARDS ADOPTED BY COMMISSIONER.  (a) Makes
     a conforming change.  
     
     (b) Prohibits the standards adopted by the commissioner from
       containing requirements additional to American Society of
       Mechanical Engineers Safety Code (ASME Code) A17.1 or ASME
       Code A17.3.
       
       (c)  Requires the standards adopted by the commissioner to
       comply with installation requirements of the following,
       whichever is least restrictive: 
        
       (1)  ASME Code A17.1 in effect on the date of
         installation; or
         
         (2) an applicable municipal ordinance governing
         installation that was effective on the date of
         installation.  
       (d) Requires that standards adopted must comply with the
       installation requirements of the 1994 ASME Code A17.3 that
       contains minimum safety standards for all elevators
       regardless of the date of installation.
       
       (e) Authorizes the commissioner, upon written request, to
       grant a delay for compliance until a specified time for
       compliance with applicable ASME Code A17.1 or the 1994 ASME
       Code A17.3 if compliance is not "readily achievable." 
       
       (f)  Requires the commissioner, upon written request, to
       grant a delay until September 1, 2005, for compliance with
       the requirements for door restrictors or fire fighter's
       service in the 1994 ASME Code A17.3 if the requirements were
       not included in the ASME Code A17.1 that was in effect on
       the date of installation of the elevator and the equipment
       was not installed by an owner of the elevator. 
       
       (g) Authorizes the commissioner to grant a waiver of
       compliance with the applicable ASME Code A17.1 or the 1994
       ASME Code A17.3 if the commissioner finds that the building
       in which the elevator is located is a qualified historical
       building or facility or the noncompliance is due to
       structural components of the building; and noncompliance
       will not constitute a significant threat to passenger
       safety.
       
       (h) Authorizes the commissioner to grant a waiver of
       compliance with firemen's service provisions of ASME Code
       A17.1 or 1994 ASME Code A17.3 in an elevator that
       exclusively serves a vehicle parking garage in a building
       that is used only for parking; is constructed of
       noncombustible materials; and is not greater than 75 feet in
       height.
       
       (i)Provides that this subchapter not applicable to elevators
       in grain silos, radio antennas, bridge towers, underground
       facilities, dams, power plants, and similar structures with
       limited use.
       
       (j) Authorizes the commissioner to charge reasonable fees
       set by the commission for an applicant for a waiver or
       delay.  Authorizes a single application to contain all
       requests for waivers or delay in a building.  Prohibits
       delays from being granted indefinitely.  Delays to be
       granted for a specific time.
       
       (k) Provides that for purposes of this section, the date of
       installation is the date that the owner of the real property
       entered into a contract for the purchase of the elevators,
       or if that date cannot be established, the date of issuance
       of the municipal building permit under which the elevators
       were constructed; or if no municipal building permit was
       issued, the date the electrical consumption was commenced
       for the construction of the building in which the elevators
       were installed.
     Sec.  754.015.  RULES.  (a) Requires the commissioner, by
     rule, to provide for, the annual inspection and certification,
     once each calendar year, of elevators covered by standards
     adopted under this subchapter; and the form of the inspection
     report and certificate of compliance, rather than the form of
     the certificate of inspection.
     
     (b) Prohibits the commissioner, by rule, from requiring,
       among others, the inspection reports or certificates of
       compliance, rather than certificates of inspection, to be
       placed in locations other than one provided in Section
       754.019(4).
     Sec.  754.016.  INSPECTION REPORT AND CERTIFICATE OF
     COMPLIANCE.  (a) Requires only one inspection report and one
     certificate of compliance, rather than only one certificate of
     inspection, for each building.  Makes a conforming change.
     
     (b) Requires an inspection report to be dated, signed, and
       issued, by the inspector to the building owner and to be on
       forms designated by the commissioner. 
       
       (c) Requires a certificate of compliance to be dated,
       signed, and issued by the commissioner to the building owner
       and to state that the elevators have been inspected by a
       certified inspector and found by the inspector to be in
       compliance except for any delays or waivers granted by the
       commissioner and stated in the certificate.
     Sec.  754.017.  CERTIFIED INSPECTORS.  (a) Requires an
     inspector to register with the Texas Department of Licensing
     and Regulation (department) and be certified as an ASME-OEI-1
     inspector by an organization accredited by ASME.  Deletes
     language relating to qualification requirements of an
     inspector.  Requires any certification charges or fees, rather
     than accreditation or certification charges or fees, to be
     paid by the inspector.
     
     (b) Prohibits the commissioner from, by rule, prohibiting an
       ASME-QEI-1 certified inspector who is registered with the
       department from inspecting, rather than inspecting and
       certifying, an elevator.  Provides that persons assisting an
       inspector in making an inspection need not be ASME-QEI-1
       certified.
       
       (c) Authorizes the commissioner to charge a $15 fee, rather
       than $10, to inspectors, rather than certified inspectors,
       for registering with the department.
       
       
     Sec. 754.0171.  INSPECTION FEE.  Those inspecting equipment
     under this subchapter may not charge more than $65 per
     elevator cab or escalator for each inspection.
     
     Sec.  754.018.  POWERS OF MUNICIPALITIES.  Makes no changes.
     
     Sec.  754.019.  DUTIES OF REAL PROPERTY OWNERS.  (a) Requires
     the owner of real property on which an elevator covered by
     this subchapter is located to have an elevator inspected by an
     ASME-QEI-1 certified inspector; obtain an inspection report, 
     from the inspector, evidencing that all elevators in a
     building on real property were inspected in accordance with
     this subchapter and its rules; file with the commissioner a
     copy of each inspection report and a $20 filing fee, rather
     than $15, for each report, plus $5 for each elevator by the
     60th day, rather than the 30th day, after the date the
     inspection is made; and display the inspection report at
     locations designated in Subdivision (4) until a certificate of
     compliance is issued by the commissioner.  Makes a conforming
     and nonsubstantive changes.
     
     (b) Requires the owner, at the time of filing an inspection
       report with the commissioner, to submit to the commissioner
       verification that any deficiencies in the inspector's report
       have been remedied or that a bona fide contract to remedy
       the deficiencies has been entered into; or any application
       for delay or waiver of an applicable standard.
       
       (c) Requires the inspection to be made no later than 18
       months after the previous calendar year's inspection. 
       Prohibits this subsection from affecting the requirement
       that elevators be inspected at least once each calendar
       year.
       
       (d) Makes a conforming change.  Redesignates existing
       Subsection (b).
       
       (e) Authorizes the commission to charge the owner of real
       property, on which the elevator is located, an additional
       $100 fee for late filing of the inspection report and the
       fee required by Subsection (a)(3).  Redesignates existing
       Subsection (c).
       
       (f) Makes a conforming change.  Redesignates existing
       Subsection (d).
       
       (g) Prohibits a fee from being charged or collected for a
       certificate of compliance,  for a higher education
       institution.  Redesignates existing Subsection (e).
     Sec.  754.020.  DEPOSIT.  Makes no change.
     
     Sec.  754.021.  LIST OF INSPECTORS; PERSONNEL.  Authorizes the
     commissioner to compile a list of ASME-OEI-1 certified
     inspectors who are registered with the commissioner, among
     other things.
     
     Sec.  754.022.  NOTICE OF NONCOMPLIANCE.  Makes no change.
     
     Sec.  754.023.  New heading: INVESTIGATION AND INJUNCTION. 
     (a) Authorizes the commissioner, if there is good cause for
     the commissioner to believe that an elevator is dangerous or
     an accident involving an elevator occurred causing serious
     property damage or bodily injury, to enter property during
     regular businesses hours after notice to the owner, operator,
     or person in charge of the property to inspect the elevator or
     investigate the accident, at no cost to the owner.
     
     (b) Authorizes the commissioner to enter real property
       during the regular business hours after notice to the owner,
       operator, or person in charge of the property for purposes
       of verifying, at no cost to the owner, whether an inspection
       report or certificate of compliance has been displayed as
       required.
       
       (c) Authorizes the commissioner to suspend, deny, or revoke
       the registration of any ASME-OEI-1 certified inspectors for
       obtaining registration from the commissioner through false
       representation or fraud; falsifying an inspection report; or
       violating this subchapter or any rule of the commissioner.
     Sec.  754.024.  CRIMINAL PENALTY.  (a)  a person commits an
     offense if the person  receives a notice of noncompliance
     under Section 754.022, and within 60 days after receiving the
     notice, the person has neither remedied the noncompliance or
     entered into a bona fide contract to remedy noncompliance.
     
     (b)-(c) Provides that an offense under this section is a
       Class C misdemeanor, and each day of an offense constitutes
       a separate offense.
SECTION 2. Effective date: September 1, 1995.

SECTION 3. Emergency clause.


SUMMARY OF COMMITTEE ACTION

SB 1044 was considered in a Formal Meeting on May 16, 1995.  The
Chair laid out SB 1044, and recognized Rep. Yarbrough to explain
the bill.  There was no objection.  Rep. Yarbrough moved that the
full committee adopt SB 1044, and that it be reported favorably to
the full House with the recommendation that it do pass and be
printed, and placed on the Local and Consent Calendar.  The motion
prevailed by the following vote:  AYES: 7, NAYS: 0, ABSENT: 2.