By: Leedom S.B. No. 739 A BILL TO BE ENTITLED AN ACT 1-1 relating to the inspection and certification of elevators in an 1-2 industrial facility. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 754.014, Health and Safety Code, is 1-5 amended by adding Subsection (d) to read as follows: 1-6 Sec. 754.014. Standards Adopted by Commissioner. (a) The 1-7 commissioner shall adopt standards for the installation, 1-8 alteration, and operation of elevators, escalators, and related 1-9 equipment used by the public in: 1-10 (1) buildings owned or operated by the state, a 1-11 state-owned institution or agency, or a political subdivision of 1-12 the state; and 1-13 (2) buildings that contain an elevator, an escalator, 1-14 or related equipment that the public is generally invited to use, 1-15 including a hotel, motel, apartment house, boardinghouse, church, 1-16 office building, shopping center, or other commercial 1-17 establishment. 1-18 (b) In adopting the standards, the commissioner shall adopt 1-19 standards for elevators, escalators, and related equipment: 1-20 (1) constructed or installed before September 1, 1993, 1-21 that are in compliance with the latest edition of the ASME Safety 1-22 Code for Existing Elevators and Escalators A17.3; and 1-23 (2) constructed or installed on or after September 1, 2-1 1993, that are in compliance with the latest edition of the ASME 2-2 Safety Code for Elevators and Escalators A17.1. 2-3 (c) In the event that compliance with ASME Safety Code for 2-4 Existing Elevators and Escalators A17.3 is not "readily achievable" 2-5 as that phrase is defined in the Americans with Disabilities Act 2-6 (42 U.S.C. Section 12101 et seq.) and its subsequent amendments, or 2-7 its regulations, the commission shall authorize the certified 2-8 inspector to waive or delay compliance with the particular standard 2-9 which is not readily achievable. Provided however, in any event, 2-10 an elevator, an escalator, or related equipment must at least be in 2-11 compliance with the ASME Safety Code for Elevators and Escalators 2-12 A17.1 in existence at the time of the construction of the elevator, 2-13 escalator, or related equipment. The commission may charge 2-14 reasonable fees for any application for waiver or delay. 2-15 (d) This subchapter does not apply to an elevator, an 2-16 escalator, or related equipment in an industrial facility to which 2-17 access is limited principally to employees of that facility. 2-18 SECTION 2. This Act takes effect September 1, 1995. 2-19 SECTION 3. The importance of this legislation and the 2-20 crowded condition of the calendars in both houses create an 2-21 emergency and an imperative public necessity that the 2-22 constitutional rule requiring bills to be read on three several 2-23 days in each house be suspended, and this rule is hereby suspended.