S.B. No. 739
                                        AN ACT
    1-1  relating to the inspection and certification of elevators in
    1-2  certain buildings and industrial facilities.
    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 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 is open to the general public <is
   1-15  generally invited to use>, including a hotel, motel, apartment
   1-16  house, boardinghouse, church, office building, shopping center, or
   1-17  other commercial 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.  Subchapter B, Chapter 754, Health and Safety
   2-19  Code, is amended by adding Section 754.0111 to read as follows:
   2-20        Sec. 754.0111.  EXEMPTION.  This subchapter does not apply to
   2-21  an elevator, escalator, or related equipment in a private building
   2-22  for a labor union, trade association, private club, or charitable
   2-23  organization that has two or fewer floors.
   2-24        SECTION 3.  This Act takes effect September 1, 1995.
   2-25        SECTION 4.  The importance of this legislation and the
    3-1  crowded condition of the calendars in both houses create an
    3-2  emergency and an imperative public necessity that the
    3-3  constitutional rule requiring bills to be read on three several
    3-4  days in each house be suspended, and this rule is hereby suspended.