By Yarbrough                                    H.B. No. 2208

      75R6921 SKB-F                           

                                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 at the time of the elevator's

1-10     installation, modernization, or alteration.

1-11                 (2)  "ASME Code A17.3" means the American Society of

1-12     Mechanical Engineers Safety Code for Elevators and Escalators

1-13     A17.3.

1-14                 (3)  "Board" means the elevator advisory board.

1-15                 (4)  "Commission" means the Texas Commission of

1-16     Licensing and Regulation.

1-17                 (5)  "Commissioner" means the commissioner of licensing

1-18     and regulation.

1-19                 (6)  "Department" means the Texas Department of

1-20     Licensing and Regulation.

1-21                 (7)  "Modernization" or "alteration" means a

1-22     substantial change in the operation of the elevator.  The term does

1-23     not include a change that is only cosmetic, decorative, or

1-24     nonfunctional or that does not require a municipal building permit.

 2-1                 (8)  "Qualified historic building or facility" means a

 2-2     building or facility that is:

 2-3                       (A)  listed in or eligible for listing in the

 2-4     National Register of Historic Places; or

 2-5                       (B)  designated as a Recorded Texas Historic

 2-6     Landmark or State Archeological Landmark.

 2-7                 (9) [(8)]  "Related equipment" means automatic

 2-8     equipment that is used to move a person in a manner that is similar

 2-9     to that of an elevator or escalator and includes a moving sidewalk.

2-10           SECTION 2.  Sections 754.012(a) and (e), Health and Safety

2-11     Code, are amended to read as follows:

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

2-13     members appointed by the commissioner as follows:

2-14                 (1)  a representative of the insurance industry or a

2-15     certified elevator inspector;

2-16                 (2)  a representative of elevator, escalator, and

2-17     related equipment constructors;

2-18                 (3)  a representative of owners or managers of

2-19     buildings having fewer than six stories and having an elevator, an

2-20     escalator, or related equipment;

2-21                 (4)  a representative of owners or managers of

2-22     buildings having six stories or more and having an elevator, an

2-23     escalator, or related equipment;

2-24                 (5)  a representative of independent elevator,

2-25     escalator, and related equipment maintenance companies;

2-26                 (6)  a representative of elevator, escalator, and

2-27     related equipment manufacturers;

 3-1                 (7)  a representative of professional engineers or

 3-2     architects;

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

 3-4                 (9)  a public member with a physical disability.

 3-5           (e)  A board member serves without compensation [but is

 3-6     entitled to reimbursement for travel and other necessary expenses

 3-7     incurred in performing duties under this subchapter].

 3-8           SECTION 3.  Sections 754.014(b), (c), (i), and (k), Health

 3-9     and Safety Code, are amended to read as follows:

3-10           (b)  Standards adopted by the commissioner may not contain

3-11     requirements in addition to the requirements in the ASME Code A17.1

3-12     or ASME Code A17.3.  The standards may not require sprinklers in

3-13     elevator shafts or elevator machine rooms.

3-14           (c)  Standards adopted by the commissioner must require

3-15     elevators, escalators, and related equipment to comply with the

3-16     installation requirements of the following, whichever is the least

3-17     restrictive:

3-18                 (1)  the ASME Code A17.1 that was in effect on the date

3-19     of installation of the elevators, escalators, and related

3-20     equipment; or

3-21                 (2)  an applicable municipal ordinance in effect before

3-22     September 1, 1993, governing the installation of elevators,

3-23     escalators, and related  equipment that was in effect on the date

3-24     of installation.

3-25           (i)  This subchapter does not apply to an elevator, an

3-26     escalator, or related equipment [in an industrial facility, or] in

3-27     a grain silo, radio antenna, bridge tower, underground facility, or

 4-1     dam, to which access is limited principally to employees who are

 4-2     covered under workers' compensation insurance [of or working in

 4-3     that facility or  structure].

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

 4-5     modernization, or alteration of an elevator, escalator, or related

 4-6     equipment is the date that the owner of the real property entered

 4-7     into a contract for the installation, modernization, or alteration

 4-8     [purchase] of the elevators, escalators, or related equipment.  If

 4-9     that date cannot be established, the date of installation,

4-10     modernization, or alteration  is the date of issuance of the

4-11     municipal building  permit under which the elevators, escalators,

4-12     or related equipment was installed, modernized, or altered

4-13     [constructed] or, if a municipal building permit was not issued,

4-14     the date that electrical consumption began for the construction of

4-15     the building in which the elevators, escalators, or related

4-16     equipment was installed.

4-17           SECTION 4.  Section 754.015, Health and Safety Code, is

4-18     amended to read as follows:

4-19           Sec. 754.015.  RULES.  (a)  The commissioner by rule shall

4-20     provide for:

4-21                 (1)  the inspection and certification once each

4-22     calendar year of elevators, escalators, and related equipment

4-23     covered by standards adopted under this subchapter;

4-24                 (2)  the enforcement of those standards;

4-25                 (3)  the certification of qualified persons as

4-26     inspectors for the purposes of this subchapter; [and]

4-27                 (4)  the form of the inspection report and certificate

 5-1     of compliance;

 5-2                 (5)  the review of plans submitted to the commission

 5-3     for the installation, modernization, or alteration of elevators;

 5-4                 (6)  a fee schedule to pay for the commission's cost of

 5-5     reviewing elevator plans by commission staff or independently

 5-6     contracted reviewers;

 5-7                 (7)  requesting municipal building inspection

 5-8     departments to notify applicants for building permits of the

 5-9     availability of commission staff for reviewing elevator plans;

5-10                 (8)  notifying building owners, architects, and other

5-11     building industry professionals of annual elevator inspections to

5-12     ensure compliance with applicable standards for elevator

5-13     installation, modernization, or alteration; and

5-14                 (9)  notifying architects and other building industry

5-15     professionals of the availability of commission staff for reviewing

5-16     elevator plans.

5-17           (b)  The commissioner by rule may not require that:

5-18                 (1)  inspection be made more often than once per year

5-19     of elevators, escalators, and related equipment;

5-20                 (2)  persons post a bond or furnish insurance as a

5-21     condition of certification; [and]

5-22                 (3)  inspection reports or certificates of compliance

5-23     be placed in locations other than one provided in Section

5-24     754.019(4); or

5-25                 (4)  building owners or their representatives submit to

5-26     the commission for any purpose proposed plans for the installation,

5-27     modernization, or alteration of elevators.

 6-1           SECTION 5.  Section 754.016(b), Health and Safety Code, is

 6-2     amended to read as follows:

 6-3           (b)  An inspector shall date and sign an inspection report

 6-4     and shall issue the report to the building owner not later than 10

 6-5     business days after the inspection.  The inspection report shall be

 6-6     on forms  designated by the commissioner.

 6-7           SECTION 6.  Sections 754.017(a) and (c), Health and Safety

 6-8     Code, are amended to read as follows:

 6-9           (a)  An inspector must register with the department, attend

6-10     an annual seminar provided by the commission, and be certified as

6-11     an ASME-QEI-1  inspector by an organization accredited by the

6-12     American Society of Mechanical Engineers.  Any certification

6-13     charges or fees shall be paid by the inspector.

6-14           (c)  The commission [commissioner] may charge a $25 [$15] fee

6-15     to certified inspectors for registering with the department.

6-16           SECTION 7.  Section 754.018, Health and Safety Code, is

6-17     amended to read as follows:

6-18           Sec. 754.018.  POWERS OF MUNICIPALITIES.  If a municipality

6-19     operates a program for the inspection and certification of

6-20     elevators, escalators, elevator shafts, elevator or escalator

6-21     equipment rooms, and related equipment, this subchapter shall not

6-22     apply to  elevators, escalators, elevator shafts, elevator or

6-23     escalator equipment rooms, and related equipment in that

6-24     municipality, provided that the standards of installation,

6-25     modernization, alteration, inspection, and certification are

6-26     equivalent to [no less stringent than] those contained in this

6-27     subchapter.

 7-1           SECTION 8.  Section 754.019(a), Health and Safety Code, is

 7-2     amended to read as follows:

 7-3           (a)  The owner of real property on which an elevator, an

 7-4     escalator, or related equipment covered by this subchapter is

 7-5     located shall:

 7-6                 (1)  have the elevator, escalator, or related equipment

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

 7-8     the commissioner's rules;

 7-9                 (2)  obtain an inspection report from the inspector

7-10     evidencing that all elevators, escalators, and related equipment in

7-11     a building on the real property were inspected in accordance with

7-12     this subchapter and rules adopted under this subchapter;

7-13                 (3)  file with the commissioner a copy of each

7-14     inspection report and a $20 filing fee for each report, plus $5 for

7-15     each elevator, escalator, or related equipment not later than the

7-16     60th day after the date on which an inspection is made under this

7-17     subchapter;

7-18                 (4)  display a copy of the certificate of compliance:

7-19                       (A)  in each [the] elevator mechanical room if

7-20     the certificate relates to an elevator;

7-21                       (B)  in each [the] escalator box if the

7-22     certificate relates to an escalator; or

7-23                       (C)  in a place designated by the commissioner if

7-24     the certificate relates to related equipment; and

7-25                 (5)  display the inspection report at the locations

7-26     designated in Subdivision (4) until a certificate of compliance is

7-27     issued by the commissioner.

 8-1           SECTION 9.  Section 754.023, Health and Safety Code, is

 8-2     amended by amending Subsection (a) and adding Subsections (f), (g),

 8-3     (h), and (i) to read as follows:

 8-4           (a)  If there is good cause for the commissioner or the

 8-5     supervisor of elevator inspections for the commission to believe

 8-6     that an elevator, an escalator, or related equipment on real

 8-7     property is dangerous or that an accident involving an elevator, an

 8-8     escalator, or related equipment occurred on the property and

 8-9     serious bodily injury or property damage resulted, an employee of

8-10     the commission [the commissioner] may enter the property during

8-11     regular  business hours after notice to the owner, operator, or

8-12     person in charge of the property to inspect the elevator,

8-13     escalator, or related equipment or investigate the dangerous

8-14     condition or accident at no cost to the owner.

8-15           (f)  An employee of the commission may disconnect power to or

8-16     lockout an elevator or issue a written directive to a building

8-17     owner to disconnect power to or lockout an elevator if:

8-18                 (1)  an employee of the commission determines that

8-19     imminent and significant danger to elevator passengers exists if

8-20     that action is not taken immediately;

8-21                 (2)  the commissioner or the supervisor of elevator

8-22     inspections for the commission approves any disconnection of power

8-23     to or lockout of the elevator;

8-24                 (3)  the disconnection of power or lockout is limited

8-25     to the elevator posing imminent and significant danger; and

8-26                 (4)  reasonable effort has been made to notify the

8-27     building owner or management of the imminent and significant danger

 9-1     before the disconnection of power or lockout occurs and to notify

 9-2     the owner or management of the cause of the imminent and

 9-3     significant danger to passengers to allow the owner to perform the

 9-4     disconnection of power or lockout.

 9-5           (g)  An employee of the commission may disconnect power to or

 9-6     lockout an elevator or issue a written directive to the building

 9-7     owner or manager to perform the disconnection of power or lockout

 9-8     if:

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

9-10     more than two years;

9-11                 (2)  the elevator has been installed for more than two

9-12     years;

9-13                 (3)  the commission has given the building owner or

9-14     manager 60 days written notice by certified mail directing that the

9-15     elevator be inspected according to this subchapter;

9-16                 (4)  after the expiration of the notice period under

9-17     Subdivision (3), the commission has given written notice to the

9-18     building owner or manager by certified mail stating that a

9-19     disconnection of power to or lockout of the elevator will be made

9-20     at the commission's direction not less than seven days after the

9-21     date on which notice is delivered under this subdivision to the

9-22     building owner or manager; and

9-23                 (5)  the commission or the supervisor of elevator

9-24     inspections for the commission has approved the disconnection of

9-25     power to or lockout of the elevator after the expiration of the

9-26     notice period described by Subdivision (4).

9-27           (h)  If a disconnection of power to or lockout of an elevator

 10-1    occurs under Subsection (f), power may not be reconnected and the

 10-2    elevator may not be unlocked unless:

 10-3                (1)  a registered elevator inspector, an elevator

 10-4    service company, or a commission employee has given written

 10-5    verification to the commission that the imminent and significant

 10-6    danger has been removed by repair or replacement; and

 10-7                (2)  the building owner agrees in writing to pay not

 10-8    later than the 30th day after the date on which the power is

 10-9    reconnected or the elevator is unlocked any penalty imposed under

10-10    this chapter and to reimburse the commission for any expenses

10-11    incurred by the commission relating to the disconnection of power

10-12    to or lockout of the elevator.

10-13          (i)  If a disconnection of power to or lockout of an elevator

10-14    occurs under Subsection (g), power may not be reconnected and the

10-15    elevator may not be unlocked unless the building owner pays any

10-16    penalty imposed under this chapter and reimburses the commission

10-17    for any expenses incurred by the commission relating to the

10-18    disconnection of power to or lockout of the elevator.

10-19          SECTION 10.  Subchapter A, Chapter 754, Health and Safety

10-20    Code, is repealed.

10-21          SECTION 11.  (a)  This Act takes effect September 1, 1997.

10-22          (b)  This Act applies only to an investigation, license

10-23    proceeding, or injunction under Chapter 754, Health and Safety

10-24    Code, that occurs on or after the effective date of this Act.

10-25          (c)  The commissioner of licensing and regulation shall

10-26    appoint three additional public members to the elevator advisory

10-27    board as required by Section 754.012, Health and Safety Code, as

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

 11-2          SECTION 12.  The importance of this legislation and the

 11-3    crowded condition of the calendars in both houses create an

 11-4    emergency and an imperative public necessity that the

 11-5    constitutional rule requiring bills to be read on three several

 11-6    days in each house be suspended, and this rule is hereby suspended.