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. 1-60 * * * * *