S.B. No. 1044
                                        AN ACT
    1-1  relating to elevator inspections; providing penalties.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  Subchapter B, Chapter 754, Health and Safety
    1-4  Code, is amended to read as follows:
    1-5              SUBCHAPTER B.  INSPECTION AND CERTIFICATION
    1-6        Sec. 754.011.  Definitions.  In this subchapter:
    1-7              (1)  "ASME Code A17.1" means the American Society of
    1-8  Mechanical Engineers Safety Code for Elevators and Escalators
    1-9  A17.1.
   1-10              (2)  "ASME Code A17.3" means the American Society of
   1-11  Mechanical Engineers Safety Code for Elevators and Escalators
   1-12  A17.3.
   1-13              (3)  "Board" means the elevator advisory board.
   1-14              (4)  "Commission" means the Texas Commission of
   1-15  Licensing and Regulation.
   1-16              (5) <(2)>  "Commissioner" means the commissioner of
   1-17  licensing and regulation.
   1-18              (6)  "Department" means the Texas Department of
   1-19  Licensing and Regulation.
   1-20              (7)  "Qualified historic building or facility" means a
   1-21  building or facility that is:
   1-22                    (A)  listed in or eligible for listing in the
   1-23  National Register of Historic Places; or
    2-1                    (B)  designated as a Recorded Texas Historic
    2-2  Landmark or State Archeological Landmark.
    2-3              (8) <(3)>  "Related equipment" means automatic
    2-4  equipment that is used to move a person in a manner that is similar
    2-5  to that of an elevator or escalator and includes a <dumbwaiter,
    2-6  manlift, and> moving sidewalk.
    2-7        Sec. 754.012.  Elevator Advisory Board.  (a)  The elevator
    2-8  advisory board is composed of nine members appointed by the
    2-9  commissioner as follows:
   2-10              (1)  a representative of the insurance industry or a
   2-11  certified elevator inspector;
   2-12              (2)  a representative of elevator, escalator, and
   2-13  related equipment constructors;
   2-14              (3)  a representative of owners or managers of
   2-15  buildings having fewer than six stories and having an elevator, an
   2-16  escalator, or related equipment;
   2-17              (4)  a representative of owners or managers of
   2-18  buildings having six stories or more and having an elevator, an
   2-19  escalator, or related equipment;
   2-20              (5)  a representative of independent elevator,
   2-21  escalator, and related equipment maintenance companies;
   2-22              (6)  a representative of elevator, escalator, and
   2-23  related equipment manufacturers;
   2-24              (7)  a representative of professional engineers or
   2-25  architects;
    3-1              (8)  a public member; and
    3-2              (9)  a public member with a physical disability.
    3-3        (b)  Board members serve at the will of the commissioner.
    3-4        (c)  The commissioner shall appoint a presiding officer of
    3-5  the board.
    3-6        (d)  The board shall meet at least twice each calendar year.
    3-7        (e)  A board member serves without compensation but is
    3-8  entitled to reimbursement for travel and other necessary expenses
    3-9  incurred in performing duties under this subchapter.
   3-10        Sec. 754.013.  Board Duties.  To protect public safety and to
   3-11  identify and correct potential hazards, the board shall advise the
   3-12  commissioner on:
   3-13              (1)  the adoption of appropriate standards for the
   3-14  installation, alteration, <and> operation, and inspection of
   3-15  elevators, escalators, and related equipment;
   3-16              (2)  the status of elevators, escalators, and related
   3-17  equipment used by the public in this state; and
   3-18              (3)  any other matter considered relevant by the
   3-19  commissioner.
   3-20        Sec. 754.014.  Standards Adopted by Commissioner.   (a)  The
   3-21  commissioner shall adopt standards for the installation,
   3-22  alteration, <and> operation, and inspection of elevators,
   3-23  escalators, and related equipment used by the public in:
   3-24              (1)  buildings owned or operated by the state, a
   3-25  state-owned institution or agency, or a political subdivision of
    4-1  the state; and
    4-2              (2)  buildings that contain an elevator, an escalator,
    4-3  or related equipment that is open to the general public <is
    4-4  generally invited to use>, including a hotel, motel, apartment
    4-5  house, boardinghouse, church, office building, shopping center, or
    4-6  other commercial establishment.
    4-7        (b)  Standards adopted by the commissioner may not contain
    4-8  requirements in addition to the requirements in the ASME Code A17.1
    4-9  or ASME Code A17.3.
   4-10        (c)  Standards adopted by the commissioner must require
   4-11  elevators, escalators, and related equipment to comply with the
   4-12  installation requirements of the following, whichever is the least
   4-13  restrictive:
   4-14              (1)  the ASME Code A17.1 that was in effect on the date
   4-15  of installation of the elevators, escalators, and related
   4-16  equipment; or
   4-17              (2)  an applicable municipal ordinance governing the
   4-18  installation of elevators, escalators, and related equipment that
   4-19  was in effect on the date of installation.
   4-20        (d)  Standards adopted by the commissioner must require
   4-21  elevators, escalators, and related equipment to comply with the
   4-22  installation requirements of the 1994 ASME Code A17.3 that contains
   4-23  minimum safety standards for all elevators, escalators, and related
   4-24  equipment, regardless of the date of installation.
   4-25        (e)  On written request, the commissioner shall grant a delay
    5-1  for compliance with the applicable ASME Code A17.1 or the 1994 ASME
    5-2  Code A17.3 until a specified time if compliance is not readily
    5-3  achievable, as that phrase is defined in the Americans with
    5-4  Disabilities Act (42 U.S.C. Section 12101 et seq.), or regulations
    5-5  adopted under that Act.
    5-6        (f)  On written request, the commissioner shall grant a delay
    5-7  until September 1, 2005, for compliance with the requirements for
    5-8  door restrictors or firefighter's service in the 1994 ASME Code
    5-9  A17.3 if those requirements were not included in the ASME Code
   5-10  A17.1 that was in effect on the date of installation of the
   5-11  elevator, escalator, or related equipment and that equipment was
   5-12  not subsequently installed by an owner of the elevator, escalator,
   5-13  or related equipment.
   5-14        (g)  The commissioner may grant a waiver of compliance with
   5-15  the applicable ASME Code A17.1 or the 1994 ASME Code A17.3 if the
   5-16  commissioner finds that:
   5-17              (1)  the building in which the elevator, escalator, or
   5-18  related equipment is located is a qualified historic building or
   5-19  facility or the noncompliance is due to structural components of
   5-20  the building; and
   5-21              (2)  noncompliance will not constitute a significant
   5-22  threat to passenger safety.
   5-23        (h)  The commissioner may grant a waiver of compliance with
   5-24  the firefighter's service provisions of the ASME Code A17.1 or the
   5-25  1994 ASME Code A17.3 in an elevator that exclusively serves a
    6-1  vehicle parking garage in a building that:
    6-2              (1)  is used only for parking;
    6-3              (2)  is constructed of noncombustible materials; and
    6-4              (3)  is not greater than 75 feet in height.
    6-5        (i)  This subchapter does not apply to an elevator, an
    6-6  escalator, or related equipment in an industrial facility, or in a
    6-7  grain silo, radio antenna, bridge tower, underground facility, or
    6-8  dam, to which access is limited principally to employees of or
    6-9  working in that facility or structure.
   6-10        (j)  The commissioner may charge a reasonable fee as set by
   6-11  the commission for an application for waiver or delay.  One
   6-12  application for a waiver or delay may contain all requests related
   6-13  to a particular building.  A delay may not be granted indefinitely
   6-14  but must be granted to a specified time.
   6-15        (k)  For purposes of this section, the date of installation
   6-16  is the date that the owner of the real property entered into a
   6-17  contract for the purchase of the elevators, escalators, or related
   6-18  equipment.  If that date cannot be established, the date of
   6-19  installation is the date of issuance of the municipal building
   6-20  permit under which the elevators, escalators, or related equipment
   6-21  was constructed or, if a municipal building permit was not issued,
   6-22  the date that electrical consumption began for the construction of
   6-23  the building in which the elevators, escalators, or related
   6-24  equipment was installed <In adopting the standards, the
   6-25  commissioner shall adopt standards for elevators, escalators, and
    7-1  related equipment:>
    7-2              <(1)  constructed or installed before September 1,
    7-3  1993, that are in compliance with the latest edition of the ASME
    7-4  Safety Code for Existing Elevators and Escalators A17.3; and>
    7-5              <(2)  constructed or installed on or after September 1,
    7-6  1993, that are in compliance with the latest edition of the ASME
    7-7  Safety Code for Elevators and Escalators A17.1.>
    7-8        <(c)  In the event that compliance with ASME Safety Code for
    7-9  Existing Elevators and Escalators A17.3 is not "readily achievable"
   7-10  as that phrase is defined in the Americans with Disabilities Act
   7-11  (42 U.S.C. Section 12101 et seq.) and its subsequent amendments, or
   7-12  its regulations, the commission shall authorize the certified
   7-13  inspector to waive or delay compliance with the particular standard
   7-14  which is not readily achievable.  Provided however, in any event,
   7-15  an elevator, an escalator, or related equipment must at least be in
   7-16  compliance with the ASME Safety Code for Elevators and Escalators
   7-17  A17.1 in existence at the time of the construction of the elevator,
   7-18  escalator, or related equipment.  The commission may charge
   7-19  reasonable fees for any application for waiver or delay>.
   7-20        Sec. 754.015.  Rules.  (a)  The commissioner by rule shall
   7-21  provide for:
   7-22              (1)  the <annual> inspection and certification once
   7-23  each calendar year of elevators, escalators, and related equipment
   7-24  covered by standards adopted under this subchapter;
   7-25              (2)  the enforcement of those standards;
    8-1              (3)  the certification of qualified persons as
    8-2  inspectors for the purposes of this subchapter; and
    8-3              (4)  the form of the inspection report and certificate
    8-4  of compliance <inspection>.
    8-5        (b)  The commissioner by rule may not require that:
    8-6              (1)  inspection be made more often than once per year
    8-7  of elevators, escalators, and related equipment;
    8-8              (2)  persons post a bond or furnish insurance as a
    8-9  condition of certification; and
   8-10              (3)  inspection reports or certificates of compliance
   8-11  <inspection> be placed in locations other than one provided in
   8-12  Section 754.019(4).
   8-13        Sec. 754.016.  Inspection Report And <Coverage of>
   8-14  Certificate of Compliance <Inspection>.  (a)  An inspection report
   8-15  and a <A> certificate of compliance <inspection> required under
   8-16  this subchapter must cover all elevators, escalators, and related
   8-17  equipment in a building or structure appurtenant to the building,
   8-18  including a parking facility, that are owned by the same person or
   8-19  persons.  There shall be only one inspection report and one
   8-20  certificate of compliance <inspection> for each building.
   8-21        (b)  An inspector shall date and sign an inspection report
   8-22  and shall issue the report to the building owner.  The inspection
   8-23  report shall be on forms designated by the commissioner.
   8-24        (c)  The commissioner shall date and sign a certificate of
   8-25  compliance and shall issue the certificate to the building owner.
    9-1  The certificate of compliance shall state that the elevators,
    9-2  escalators, and related equipment have been inspected by a
    9-3  certified inspector and found by the inspector to be in compliance,
    9-4  except for any delays or waivers granted by the commissioner and
    9-5  stated in the certificate <The certificate of inspection shall
    9-6  specify the number of elevators in the building and shall
    9-7  specifically describe any elevators not in compliance with this
    9-8  subchapter, stating the reason or reasons for noncompliance>.
    9-9        Sec. 754.017.  Certified Inspectors.  (a)  An inspector must
   9-10  register with the department and <meet the qualification
   9-11  requirements of the ASME-QEI-1. An inspector or inspection
   9-12  supervisor must> be certified as an ASME-QEI-1 inspector by an
   9-13  organization accredited by the American Society of Mechanical
   9-14  Engineers <ASME in accordance with the requirements of ASME-QEI-1>.
   9-15  Any <accreditation or> certification charges or fees shall be paid
   9-16  by the inspector.
   9-17        (b)  The commissioner may not by rule prohibit an ASME-QEI-1
   9-18  certified inspector who is registered with the department from
   9-19  inspecting <and certifying> under this subchapter an elevator, an
   9-20  escalator, or related equipment.  A person assisting a certified
   9-21  inspector is not required to be ASME-QEI-1 certified.
   9-22        (c)  The commissioner may charge a $15 <$10> fee to certified
   9-23  inspectors for registering with the department <Texas Department of
   9-24  Licensing and Regulation>.
   9-25        Sec. 754.0171.  INSPECTION FEE.  (a)  A person inspecting an
   10-1  elevator, an escalator, or related equipment under this subchapter
   10-2  may not charge more than $65 per elevator cab or per escalator for
   10-3  each inspection.
   10-4        (b)  The amount charged for an inspection or the performance
   10-5  of an inspection may not be contingent on the existence of a
   10-6  maintenance contract between the person performing the inspection
   10-7  and any other person.
   10-8        Sec. 754.018.  Powers of Municipalities.  If a municipality
   10-9  operates a program for the inspection and certification of
  10-10  elevators, escalators, and related equipment, this subchapter shall
  10-11  not apply to elevators, escalators, and related equipment in that
  10-12  municipality, provided that the standards of inspection and
  10-13  certification are no less stringent than those contained in this
  10-14  subchapter.
  10-15        Sec. 754.019.  Duties of Real Property Owners.  (a)  The
  10-16  owner of real property on which an elevator, an escalator, or
  10-17  related equipment covered by this subchapter is located shall:
  10-18              (1)  have the elevator, escalator, or related equipment
  10-19  inspected by an ASME-QEI-1 certified inspector <and certified> in
  10-20  accordance with the commissioner's rules;
  10-21              (2)  obtain an inspection report from the inspector <a
  10-22  certificate of inspection> evidencing that all elevators,
  10-23  escalators, and related equipment in a building on the real
  10-24  property were <the elevator, escalator, or related equipment was>
  10-25  inspected in accordance with this subchapter and rules adopted
   11-1  under this subchapter <determined to be in compliance with the
   11-2  safety standards adopted under Section 754.014>;
   11-3              (3)  file with the commissioner a copy of each
   11-4  inspection report <certificate of inspection> and a $20 <$15>
   11-5  filing fee for each report, plus $5 for each elevator, escalator,
   11-6  or related equipment <certificate> not later than the 60th <30th>
   11-7  day after the date on which an inspection is made under this
   11-8  subchapter; <and>
   11-9              (4)  display the certificate of compliance
  11-10  <inspection>:
  11-11                    (A)  in the elevator mechanical room if the
  11-12  certificate relates to <the inspection of> an elevator;
  11-13                    (B)  in the escalator box if the certificate
  11-14  relates to <the inspection of> an escalator; or
  11-15                    (C)  in a place designated by the commissioner if
  11-16  the certificate relates to <the inspection of> related equipment;
  11-17  and
  11-18              (5)  display the inspection report at the locations
  11-19  designated in Subdivision (4) until a certificate of compliance is
  11-20  issued by the commissioner.
  11-21        (b)  When an inspection report is filed with the
  11-22  commissioner, the owner shall submit to the commissioner:
  11-23              (1)  verification that any deficiencies in the
  11-24  inspector's report have been remedied or that a bona fide contract
  11-25  to remedy the deficiencies has been entered into; or
   12-1              (2)  any application for delay or waiver of an
   12-2  applicable standard.
   12-3        (c)  An inspection must be made not later than 18 months
   12-4  after the previous calendar year's inspection.  This subsection
   12-5  does not affect the requirement that elevators, escalators, or
   12-6  related equipment be inspected at least once each calendar year.
   12-7        (d)  For the purpose of determining timely filing under
   12-8  Subsection (a)(3), an inspection report <a certificate> and fee are
   12-9  considered filed on the date of mailing by United States mail if
  12-10  properly addressed to the commissioner.
  12-11        (e) <(c)>  If the inspection report <certificate copy> and
  12-12  <the> fee required by Subsection (a)(3) are not timely filed, the
  12-13  commissioner may charge the owner of the real property on which the
  12-14  elevator, escalator, or related equipment is located an additional
  12-15  $100 fee for late filing.
  12-16        (f) <(d)>  The commissioner may not require that an
  12-17  inspection report or <a> certificate of compliance <inspection> be
  12-18  placed inside or immediately outside an elevator cab or escalator
  12-19  or in the lobby or hallways of a building.
  12-20        (g) <(e)>  A fee may not be charged or collected for a
  12-21  certificate of compliance <inspection> for an institution of higher
  12-22  education as defined in Section 61.003, Education Code.
  12-23        Sec. 754.020.  Deposit of Fees.  Fees collected under this
  12-24  subchapter shall be deposited to the credit of an account in the
  12-25  general revenue fund that may be used by the commissioner only to
   13-1  administer and enforce this subchapter and to reimburse expenses of
   13-2  board members provided by this subchapter.
   13-3        Sec. 754.021.  List of Inspectors; Personnel.  The
   13-4  commissioner may:
   13-5              (1)  compile a list of ASME-QEI-1 certified inspectors
   13-6  who are registered with <inspectors certified by> the department
   13-7  <commissioner> to perform an inspection under this subchapter; and
   13-8              (2)  employ personnel as necessary to enforce this
   13-9  subchapter.
  13-10        Sec. 754.022.  Notice of Noncompliance.  If the commissioner
  13-11  learns of a situation of noncompliance under Section 754.019, the
  13-12  commissioner shall send notice by certified mail of the
  13-13  noncompliance and the actions required to remedy the noncompliance
  13-14  to the record owner of the real property on which the equipment
  13-15  that is the subject of the noncompliance is located.
  13-16        Sec. 754.023.  Investigation; License Proceedings;
  13-17  Injunction.  (a)  If there is good cause for the commissioner to
  13-18  believe that an elevator, an escalator, or related equipment on
  13-19  real property is dangerous or that an accident involving an
  13-20  elevator, an escalator, or related equipment occurred on the
  13-21  property and serious bodily injury or property damage resulted, the
  13-22  commissioner may enter the property during regular business hours
  13-23  after notice to the owner, operator, or person in charge of the
  13-24  property to inspect the elevator, escalator, or related equipment
  13-25  or investigate the accident at no cost to the owner.
   14-1        (b)  The commissioner may enter real property during regular
   14-2  business hours after notice to the owner, operator, or person in
   14-3  charge of the property to verify, at no cost to the owner, whether
   14-4  an inspection report or certificate of compliance has been
   14-5  displayed as required under Section 754.019(a).
   14-6        (c)  The commissioner may deny, suspend, or revoke the
   14-7  registration of any ASME-QEI-1 certified inspector for:
   14-8              (1)  obtaining registration with the commissioner by
   14-9  fraud or false representation;
  14-10              (2)  falsifying any inspection report submitted to the
  14-11  commissioner; or
  14-12              (3)  violating this subchapter or a rule adopted under
  14-13  this subchapter.
  14-14        (d)  The commissioner is entitled to appropriate injunctive
  14-15  relief to prevent a violation or threatened violation of this
  14-16  subchapter or a rule adopted under this subchapter.
  14-17        (e) <(b)>  The commissioner may bring suit in a district
  14-18  court in Travis County or in the county in which the violation or
  14-19  threatened violation occurs.  If requested, the attorney general
  14-20  shall represent the commissioner in the suit.
  14-21        Sec. 754.024.  Criminal Penalty.  (a)  A person commits an
  14-22  offense if the person receives notice of noncompliance under
  14-23  Section 754.022 and the person has not remedied <fails or refuses
  14-24  to remedy> the noncompliance or entered into a bona fide contract
  14-25  to remedy the noncompliance before the 61st <31st> day after the
   15-1  date on which the notice is received.
   15-2        (b)  An offense under this section is a Class C misdemeanor.
   15-3        (c)  Each day of an offense under Subsection (a) <failure or
   15-4  refusal to remedy the noncompliance after the 30th day after the
   15-5  date on which the notice is received> constitutes a separate
   15-6  offense.
   15-7        SECTION 2.  This Act takes effect September 1, 1995.
   15-8        SECTION 3.  The importance of this legislation and the
   15-9  crowded condition of the calendars in both houses create an
  15-10  emergency and an imperative public necessity that the
  15-11  constitutional rule requiring bills to be read on three several
  15-12  days in each house be suspended, and this rule is hereby suspended.