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, Chapter 65, General Laws, Acts
    1-5  of the 73rd Legislature, 1993 (Section 754.014, Texas Health and
    1-6  Safety Code), is amended by adding Subsection (d) to read as
    1-7  follows:
    1-8        Sec. 754.014.  Standards Adopted by Commissioner.  (a)  The
    1-9  commissioner shall adopt standards for the installation,
   1-10  alteration, and operation of elevators, escalators, and related
   1-11  equipment used by the public in:
   1-12              (1)  buildings owned or operated by the state, a
   1-13  state-owned institution or agency, or a political subdivision of
   1-14  the state; and
   1-15              (2)  buildings that contain an elevator, an escalator,
   1-16  or related equipment that the public is generally invited to use,
   1-17  including a hotel, motel, apartment house, boardinghouse, church,
   1-18  office building, shopping center, or other commercial
   1-19  establishment.
   1-20        (b)  In adopting the standards, the commissioner shall adopt
   1-21  standards for elevators, escalators, and related equipment:
   1-22              (1)  constructed or installed before September 1, 1993,
   1-23  that are in compliance with the latest edition of the ASME Safety
    2-1  Code for Existing Elevators and Escalators A17.3; and
    2-2              (2)  constructed or installed on or after September 1,
    2-3  1993, that are in compliance with the latest edition of the ASME
    2-4  Safety Code for Elevators and Escalators A17.1.
    2-5        (c)  In the event that compliance with ASME Safety Code for
    2-6  Existing Elevators and Escalators A17.3 is not "readily achievable"
    2-7  as that phrase is defined in the Americans with Disabilities Act
    2-8  (42 U.S.C. Section 12101 et seq.) and its subsequent amendments, or
    2-9  its regulations, the commission shall authorize the certified
   2-10  inspector to waive or delay compliance with the particular standard
   2-11  which is not readily achievable.  Provided however, in any event,
   2-12  an elevator, an escalator, or related equipment must at least be in
   2-13  compliance with the ASME Safety Code for Elevators and Escalators
   2-14  A17.1 in existence at the time of the construction of the elevator,
   2-15  escalator, or related equipment.  The commission may charge
   2-16  reasonable fees for any application for waiver or delay.
   2-17        (d)  This subchapter does not apply to an elevator, an
   2-18  escalator, or related equipment in an industrial facility to which
   2-19  access is limited principally to employees of that facility.
   2-20        SECTION 2.  This Act takes effect September 1, 1995.
   2-21        SECTION 3.  The importance of this legislation and the
   2-22  crowded condition of the calendars in both houses create an
   2-23  emergency and an imperative public necessity that the
   2-24  constitutional rule requiring bills to be read on three several
   2-25  days in each house be suspended, and this rule is hereby suspended.