1-1  By:  Leedom                                            S.B. No. 739
    1-2        (In the Senate - Filed February 23, 1995; February 27, 1995,
    1-3  read first time and referred to Committee on State Affairs;
    1-4  March 14, 1995, reported favorably, as amended, by the following
    1-5  vote:  Yeas 10, Nays 1; March 14, 1995, sent to printer.)
    1-6  COMMITTEE AMENDMENT NO. 1                               By:  Leedom
    1-7  Amend S.B. No. 739 in SECTION 1 by striking Paragraph (1) of
    1-8  Section 754.014(a) and inserting in lieu thereof the following:
    1-9              (1)  buildings owned or operated by the state, a
   1-10  state-owned institution or agency, or a political subdivision of
   1-11  the state; and
   1-12                         A BILL TO BE ENTITLED
   1-13                                AN ACT
   1-14  relating to the inspection and certification of elevators in an
   1-15  industrial facility.
   1-16        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-17        SECTION 1.  Section 754.014, Health and Safety Code, is
   1-18  amended by adding Subsection (d) to read as follows:
   1-19        Sec. 754.014.  Standards Adopted by Commissioner.  (a)  The
   1-20  commissioner shall adopt standards for the installation,
   1-21  alteration, and operation of elevators, escalators, and related
   1-22  equipment used by the public in:
   1-23              (1)  buildings owned or operated by the state, a
   1-24  state-owned institution or agency, or a political subdivision or
   1-25  the state; and
   1-26              (2)  buildings that contain an elevator, an escalator,
   1-27  or related equipment that the public is generally invited to use,
   1-28  including a hotel, motel, apartment house, boardinghouse, church,
   1-29  office building, shopping center, or other commercial
   1-30  establishment.
   1-31        (b)  In adopting the standards, the commissioner shall adopt
   1-32  standards for elevators, escalators, and related equipment:
   1-33              (1)  constructed or installed before September 1, 1993,
   1-34  that are in compliance with the latest edition of the ASME Safety
   1-35  Code for Existing Elevators and Escalators A17.3; and
   1-36              (2)  constructed or installed on or after September 1,
   1-37  1993, that are in compliance with the latest edition of the ASME
   1-38  Safety Code for Elevators and Escalators A17.1.
   1-39        (c)  In the event that compliance with ASME Safety Code for
   1-40  Existing Elevators and Escalators A17.3 is not "readily achievable"
   1-41  as that phrase is defined in the Americans with Disabilities Act
   1-42  (42 U.S.C. Section 12101 et seq.) and its subsequent amendments, or
   1-43  its regulations, the commission shall authorize the certified
   1-44  inspector to waive or delay compliance with the particular standard
   1-45  which is not readily achievable.  Provided however, in any event,
   1-46  an elevator, an escalator, or related equipment must at least be in
   1-47  compliance with the ASME Safety Code for Elevators and Escalators
   1-48  A17.1 in existence at the time of the construction of the elevator,
   1-49  escalator, or related equipment.  The commission may charge
   1-50  reasonable fees for any application for waiver or delay.
   1-51        (d)  This subchapter does not apply to an elevator, an
   1-52  escalator, or related equipment in an industrial facility to which
   1-53  access is limited principally to employees of that facility.
   1-54        SECTION 2.  This Act takes effect September 1, 1995.
   1-55        SECTION 3.  The importance of this legislation and the
   1-56  crowded condition of the calendars in both houses create an
   1-57  emergency and an imperative public necessity that the
   1-58  constitutional rule requiring bills to be read on three several
   1-59  days in each house be suspended, and this rule is hereby suspended.
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