75R11697 SKB-D                           

         By Yarbrough                                          H.B. No. 2208

         Substitute the following for H.B. No. 2208:

         By Yarbrough                                      C.S.H.B. No. 2208

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to elevators, escalators, and related equipment.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 754.011, Health and Safety Code, is

 1-5     amended to read as follows:

 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 A17.1

 1-9     applicable to an elevator or escalator at the time of the

1-10     installation, modernization, or alteration of the elevator or

1-11     escalator.

1-12                 (2)  "ASME Code A17.3" means the American Society of

1-13     Mechanical Engineers Safety Code for Elevators and Escalators A17.3

1-14     applicable to an elevator or escalator notwithstanding the date of

1-15     installation, modernization, or alteration of the elevator or

1-16     escalator.

1-17                 (3)  "Board" means the elevator advisory board.

1-18                 (4)  "Commission" means the Texas Commission of

1-19     Licensing and Regulation.

1-20                 (5)  "Commissioner" means the commissioner of licensing

1-21     and regulation.

1-22                 (6)  "Department" means the Texas Department of

1-23     Licensing and Regulation.

1-24                 (7)  "Modernization" or "alteration" means a

 2-1     substantial change in the operation of an elevator or escalator.

 2-2     The term does not include a change that is only cosmetic,

 2-3     decorative, or nonfunctional or that does not require a municipal

 2-4     building permit.

 2-5                 (8)  "Qualified historic building or facility" means a

 2-6     building or facility that is:

 2-7                       (A)  listed in or eligible for listing in the

 2-8     National Register of Historic Places; or

 2-9                       (B)  designated as a Recorded Texas Historic

2-10     Landmark or State Archeological Landmark.

2-11                 (9) [(8)]  "Related equipment" means automatic

2-12     equipment that is used to move a person in a manner that is similar

2-13     to that of an elevator or escalator and includes a moving sidewalk.

2-14           SECTION 2.  Sections 754.012(a) and (e), Health and Safety

2-15     Code, are amended to read as follows:

2-16           (a)  The elevator advisory board is composed of 12 [nine]

2-17     members appointed by the commissioner as follows:

2-18                 (1)  a representative of the insurance industry or a

2-19     certified elevator inspector;

2-20                 (2)  a representative of elevator, escalator, and

2-21     related equipment constructors;

2-22                 (3)  a representative of owners or managers of

2-23     buildings having fewer than six stories and having an elevator, an

2-24     escalator, or related equipment;

2-25                 (4)  a representative of owners or managers of

2-26     buildings having six stories or more and having an elevator, an

2-27     escalator, or related equipment;

 3-1                 (5)  a representative of independent elevator,

 3-2     escalator, and related equipment maintenance companies;

 3-3                 (6)  a representative of elevator, escalator, and

 3-4     related equipment manufacturers;

 3-5                 (7)  a representative of professional engineers or

 3-6     architects;

 3-7                 (8)  four [a] public members [member]; and

 3-8                 (9)  a public member with a physical disability.

 3-9           (e)  A board member serves without compensation [but is

3-10     entitled to reimbursement for travel and other necessary expenses

3-11     incurred in performing duties under this subchapter].

3-12           SECTION 3.  Sections 754.014(b), (c), and (k), Health and

3-13     Safety Code, are amended to read as follows:

3-14           (b)  Standards adopted by the commissioner may not contain

3-15     requirements in addition to the requirements in the ASME Code A17.1

3-16     or ASME Code A17.3.  The standards may not require sprinklers in

3-17     elevator shafts or elevator machine rooms.

3-18           (c)  Standards adopted by the commissioner must require

3-19     elevators, escalators, and related equipment to comply with the

3-20     installation requirements of the following, whichever is the least

3-21     restrictive:

3-22                 (1)  the ASME Code A17.1 that was in effect on the date

3-23     of installation of the elevators, escalators, and related

3-24     equipment; or

3-25                 (2)  an applicable municipal ordinance in effect before

3-26     September 1, 1993, governing the installation of elevators,

3-27     escalators, and related  equipment that was in effect on the date

 4-1     of installation.

 4-2           (k)  For purposes of this section, the date of installation,

 4-3     modernization, or alteration of an elevator, escalator, or related

 4-4     equipment is the date that the owner of the real property entered

 4-5     into a contract for the installation, modernization, or alteration

 4-6     [purchase] of the elevators, escalators, or related equipment.  If

 4-7     that date cannot be established, the date of installation,

 4-8     modernization, or alteration is the date of issuance of the

 4-9     municipal building permit under which the elevators, escalators, or

4-10     related equipment was installed, modernized, or altered

4-11     [constructed] or, if a municipal building permit was not issued,

4-12     the date that electrical consumption began for the construction of

4-13     the building in which the elevators, escalators, or related

4-14     equipment was installed.

4-15           SECTION 4.  Section 754.015, Health and Safety Code, is

4-16     amended to read as follows:

4-17           Sec. 754.015.  RULES.  (a)  The commissioner by rule shall

4-18     provide for:

4-19                 (1)  the inspection and certification once each

4-20     calendar year of elevators, escalators, and related equipment

4-21     covered by standards adopted under this subchapter;

4-22                 (2)  the enforcement of those standards;

4-23                 (3)  the certification of qualified persons as

4-24     inspectors for the purposes of this subchapter; [and]

4-25                 (4)  the form of the inspection report and certificate

4-26     of compliance;

4-27                 (5)  the review of plans submitted to the commission

 5-1     for the installation, modernization, or alteration of elevators,

 5-2     escalators, or related equipment;

 5-3                 (6)  a fee schedule to pay for the commission's cost of

 5-4     reviewing elevator, escalator, or related equipment plans by

 5-5     commission staff or independently contracted reviewers;

 5-6                 (7)  requesting municipal building inspection

 5-7     departments to notify applicants for building permits of the annual

 5-8     inspection requirements of this subchapter and the availability of

 5-9     commission staff for reviewing elevator, escalator, or related

5-10     equipment plans;

5-11                 (8)  notifying building owners, architects, and other

5-12     building industry professionals of the annual inspection

5-13     requirements of this subchapter to ensure compliance with

5-14     applicable standards for elevator, escalator, or related equipment

5-15     installation, modernization, or alteration; and

5-16                 (9)  notifying architects and other building industry

5-17     professionals of the availability of commission staff for reviewing

5-18     elevator, escalator, or related equipment plans.

5-19           (b)  The commissioner by rule may not require that:

5-20                 (1)  inspection be made more often than once per year

5-21     of elevators, escalators, and related equipment;

5-22                 (2)  persons post a bond or furnish insurance as a

5-23     condition of certification; [and]

5-24                 (3)  inspection reports or certificates of compliance

5-25     be placed in locations other than one provided in Section

5-26     754.019(4); or

5-27                 (4)  building owners or their representatives submit to

 6-1     the commission for any purpose proposed plans for the installation,

 6-2     modernization, or alteration of elevators, escalators, or related

 6-3     equipment.

 6-4           SECTION 5.  Section 754.016(b), Health and Safety Code, is

 6-5     amended to read as follows:

 6-6           (b)  An inspector shall date and sign an inspection report

 6-7     and shall issue the report to the building owner not later than 10

 6-8     business days after the inspection.  The inspection report shall be

 6-9     on forms  designated by the commissioner.

6-10           SECTION 6.  Sections 754.017(a) and (c), Health and Safety

6-11     Code, are amended to read as follows:

6-12           (a)  An inspector must register with the department, attend

6-13     an annual seminar provided by the commission, and be certified as

6-14     an ASME-QEI-1  inspector by an organization accredited by the

6-15     American Society of Mechanical Engineers.  Any certification

6-16     charges or fees shall be paid by the inspector.

6-17           (c)  The commission [commissioner] may charge a $25 [$15] fee

6-18     to certified inspectors for registering with the department.

6-19           SECTION 7.  Section 754.018, Health and Safety Code, is

6-20     amended to read as follows:

6-21           Sec. 754.018.  POWERS OF MUNICIPALITIES.  If a municipality

6-22     operates a program for the inspection and certification of

6-23     elevators, escalators, elevator shafts, elevator or escalator

6-24     equipment rooms, and related equipment, this subchapter shall not

6-25     apply to  elevators, escalators, elevator shafts, elevator or

6-26     escalator equipment rooms, and related equipment in that

6-27     municipality, provided that the standards of installation,

 7-1     modernization, alteration, inspection, and certification are

 7-2     equivalent to [no less stringent than] those contained in this

 7-3     subchapter.

 7-4           SECTION 8.  Section 754.019(a), Health and Safety Code, is

 7-5     amended to read as follows:

 7-6           (a)  The owner of real property on which an elevator, an

 7-7     escalator, or related equipment covered by this subchapter is

 7-8     located shall:

 7-9                 (1)  have the elevator, escalator, or related equipment

7-10     inspected by an ASME-QEI-1 certified inspector in accordance with

7-11     the commissioner's rules;

7-12                 (2)  obtain an inspection report from the inspector

7-13     evidencing that all elevators, escalators, and related equipment in

7-14     a building on the real property were inspected in accordance with

7-15     this subchapter and rules adopted under this subchapter;

7-16                 (3)  file with the commissioner a copy of each

7-17     inspection report and a $20 filing fee for each report, plus $5 for

7-18     each elevator, escalator, or related equipment not later than the

7-19     60th day after the date on which an inspection is made under this

7-20     subchapter;

7-21                 (4)  display a copy of the certificate of compliance:

7-22                       (A)  in each [the] elevator mechanical room if

7-23     the certificate relates to an elevator;

7-24                       (B)  in each [the] escalator box if the

7-25     certificate relates to an escalator; or

7-26                       (C)  in a place designated by the commissioner if

7-27     the certificate relates to related equipment; and

 8-1                 (5)  display the inspection report at the locations

 8-2     designated in Subdivision (4) until a certificate of compliance is

 8-3     issued by the commissioner.

 8-4           SECTION 9.  Section 754.023, Health and Safety Code, is

 8-5     amended by amending Subsection (a) and adding Subsections (f), (g),

 8-6     (h), and (i) to read as follows:

 8-7           (a)  If there is good cause for the commissioner or the

 8-8     supervisor of elevator, escalator, or related equipment inspections

 8-9     for the commission to believe that an elevator, an escalator, or

8-10     related equipment on real property is dangerous or that an accident

8-11     involving an elevator, an escalator, or related equipment occurred

8-12     on the property and serious bodily injury or property damage

8-13     resulted, an employee of the commission [the commissioner] may

8-14     enter the property during regular  business hours after notice to

8-15     the owner, operator, or person in charge of the property to inspect

8-16     the elevator, escalator, or related equipment or investigate the

8-17     dangerous condition or accident at no cost to the owner.

8-18           (f)  An employee of the commission may disconnect power to or

8-19     lockout an elevator, escalator, or related equipment or issue a

8-20     written directive to a building owner to disconnect power to or

8-21     lockout an elevator, escalator, or related equipment if:

8-22                 (1)  an employee of the commission determines that

8-23     imminent and significant danger to elevator or escalator passengers

8-24     exists if that action is not taken immediately;

8-25                 (2)  the commissioner or the supervisor of elevator,

8-26     escalator, or related equipment inspections for the commission

8-27     approves in writing any  disconnection of power to or lockout of

 9-1     the elevator, escalator, or related equipment;

 9-2                 (3)  the disconnection of power or lockout is limited

 9-3     to the elevator, escalator, or related equipment posing imminent

 9-4     and significant danger; and

 9-5                 (4)  reasonable effort has been made to:

 9-6                       (A)  notify the building owner or management of

 9-7     the imminent and significant danger before the disconnection of

 9-8     power or lockout occurs;

 9-9                       (B)  notify the owner or management of the cause

9-10     of the imminent and significant danger to passengers; and

9-11                       (C)  allow the owner or management to perform the

9-12     disconnection of power or lockout.

9-13           (g)  An employee of the commission may disconnect power to or

9-14     lockout an elevator, escalator, or related equipment or issue a

9-15     written directive to the building owner or manager to perform the

9-16     disconnection of power or lockout if:

9-17                 (1)  an annual inspection has not been performed in

9-18     more than two years;

9-19                 (2)  the elevator, escalator, or related equipment has

9-20     been installed for more than two years;

9-21                 (3)  the commission has given the building owner or

9-22     manager 60 days written notice by certified mail directing that the

9-23     elevator, escalator, or related equipment be inspected according to

9-24     this subchapter;

9-25                 (4)  after the expiration of the notice period under

9-26     Subdivision (3), the commission has given written notice to the

9-27     building owner or manager by certified mail stating that a

 10-1    disconnection of power to or lockout of the elevator, escalator, or

 10-2    related equipment will be made at the commission's direction not

 10-3    less than seven days after the date on which notice is delivered

 10-4    under this subdivision to the building owner or manager; and

 10-5                (5)  the commission or the supervisor of elevator,

 10-6    escalator, or related equipment inspections for the commission has

 10-7    approved the disconnection of power to or lockout of the elevator,

 10-8    escalator, or related equipment after the expiration of the notice

 10-9    period described by Subdivision (4).

10-10          (h)  If a disconnection of power to or lockout of an

10-11    elevator, escalator, or related equipment occurs under Subsection

10-12    (f), power may not be reconnected and the elevator, escalator, or

10-13    related equipment may not be unlocked unless:

10-14                (1)  a registered elevator, escalator, or related

10-15    equipment inspector, service company, or a commission employee has

10-16    given written verification to the commission that the imminent and

10-17    significant danger has been removed by repair or replacement; and

10-18                (2)  the building owner agrees in writing to pay not

10-19    later than the 30th day after the date on which the power is

10-20    reconnected or the elevator, escalator, or related equipment is

10-21    unlocked any penalty imposed under this chapter and to reimburse

10-22    the commission for any expenses incurred by the commission relating

10-23    to the disconnection of power to or lockout of the elevator,

10-24    escalator, or related equipment.

10-25          (i)  If a disconnection of power to or lockout of an

10-26    elevator, escalator, or related equipment occurs under Subsection

10-27    (g), power may not be reconnected and the elevator, escalator, or

 11-1    related equipment may not be unlocked unless the building owner

 11-2    pays any penalty imposed under this chapter and reimburses the

 11-3    commission for any expenses incurred by the commission relating to

 11-4    the disconnection of power to or lockout of the elevator,

 11-5    escalator, or related equipment.

 11-6          SECTION 10.  Subchapter A, Chapter 754, Health and Safety

 11-7    Code, is repealed.

 11-8          SECTION 11.  (a)  This Act takes effect September 1, 1997.

 11-9          (b)  This Act applies only to an investigation, license

11-10    proceeding, or injunction under Chapter 754, Health and Safety

11-11    Code, that occurs on or after the effective date of this Act.

11-12          (c)  The commissioner of licensing and regulation shall

11-13    appoint three additional public members to the elevator advisory

11-14    board as required by Section 754.012, Health and Safety Code, as

11-15    amended by this Act, not later than January 1, 1998.

11-16          SECTION 12.  The importance of this legislation and the

11-17    crowded condition of the calendars in both houses create an

11-18    emergency and an imperative public necessity that the

11-19    constitutional rule requiring bills to be read on three several

11-20    days in each house be suspended, and this rule is hereby suspended.