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, boarding house, 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,
1-24 1993, that are in compliance with the latest edition of the ASME
2-1 Safety Code for Elevators and Escalators A17.1.
2-2 (c) In the event that compliance with ASME Safety Code for
2-3 Existing Elevators and Escalators A17.3 is not "readily achievable"
2-4 as that phrase is defined in the Americans with Disabilities Act
2-5 (42 U.S.C. Section 12101 et seq.) and its subsequent amendments, or
2-6 its regulations, the commission shall authorize the certified
2-7 inspector to waive or delay compliance with the particular standard
2-8 which is not readily achievable. Provided however, in any event,
2-9 an elevator, an escalator, or related equipment must at least be in
2-10 compliance with the ASME Safety Code for Elevators and Escalators
2-11 A17.1 in existence at the time of the construction of the elevator,
2-12 escalator, or related equipment. The commission may charge
2-13 reasonable fees for any application for waiver or delay.
2-14 (d) This subchapter does not apply to an elevator, an
2-15 escalator, or related equipment in an industrial facility to which
2-16 access is limited principally to employees of that facility.
2-17 SECTION 2. This Act takes effect September 1, 1995.
2-18 SECTION 3. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended.
2-23 COMMITTEE AMENDMENT NO. 1
2-24 Amend S.B. 739, page 1, Lines 14-15, Section 754.014 (a)(2)
2-25 as follows:
2-26 "(2) buildings that contain an elevator, an escalator, or
2-27 related equipment that <the> is open to the general public, <is
3-1 generally invited to use,> including a hotel, motel, apartment
3-2 house, boarding house, church, office, shopping center, or other
3-3 commercial establishment."
3-4 Brimer
3-5 COMMITTEE AMENDMENT NO. 2
3-6 Amend Senate Bill 739 by adding new Section as follows:
3-7 Strike Section 2 and substitute the following:
3-8 SECTION 2. Subchapter B, Chapter 754, Health and Safety
3-9 Code, is amended by adding Section 754.0111 to read as follows:
3-10 Sec. 754.0111. EXEMPTION. This subchapter does not apply to
3-11 an elevator, escalator or related equipment in a private building
3-12 for a labor union, trade association, private club or charitable
3-13 organization that has two or fewer floors.
3-14 Renumber SECTIONS 2 and 3 accordingly.
3-15 Brimer