By Yarbrough                                          H.B. No. 3547
         76R5874 JRD-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)  "Acceptance inspection" means an inspection of an
 1-8     elevator or escalator and related equipment that is performed on
 1-9     behalf of the owner at the completion of the initial installation
1-10     of the elevator or escalator and related equipment to assure the
1-11     owner that the elevator or escalator and related equipment have
1-12     been installed in accordance with applicable law.
1-13                 (2)  "Alteration" means a change in or modernization of
1-14     an existing elevator, escalator, or related equipment.
1-15                 (3)  "ASME Code A17.1" means the American Society of
1-16     Mechanical Engineers Safety Code for Elevators and Escalators
1-17     A17.1.
1-18                 (4) [(2)]  "ASME Code A17.3" means the 1994 American
1-19     Society of Mechanical Engineers Safety Code for Elevators and
1-20     Escalators A17.3.
1-21                 (5) [(3)]  "Board" means the elevator advisory board.
1-22                 (6) [(4)]  "Commission" means the Texas Commission of
1-23     Licensing and Regulation.
1-24                 (7) [(5)]  "Commissioner" means the commissioner of
 2-1     licensing and regulation.
 2-2                 (8) [(6)]  "Department" means the Texas Department of
 2-3     Licensing and Regulation.
 2-4                 (9) [(7)]  "Qualified historic building or facility"
 2-5     means a building or facility that is:
 2-6                       (A)  listed in or eligible for listing in the
 2-7     National Register of Historic Places; or
 2-8                       (B)  designated as a Recorded Texas Historic
 2-9     Landmark or State Archeological Landmark.
2-10                 (10) [(8)]  "Related equipment" means:
2-11                       (A)  automatic equipment that is used to move a
2-12     person in a manner that is similar to that of an elevator, [or]
2-13     escalator, or [and includes a] moving sidewalk; and
2-14                       (B)  hoistways, pits, and machine rooms for the
2-15     equipment.
2-16           SECTION 2.  Section 754.0111, Health and Safety Code, is
2-17     amended to read as follows:
2-18           Sec. 754.0111.  EXEMPTION. This subchapter does not apply to
2-19     an elevator that serves only a single dwelling.  Until January 1,
2-20     2010, this subchapter does not apply to an elevator, escalator, or
2-21     related  equipment in a private building for a labor union, trade
2-22     association, private club, or charitable organization that has two
2-23     or fewer floors.
2-24           SECTION 3.  Sections 754.012(a) and (e), Health and Safety
2-25     Code, are amended to read as follows:
2-26           (a)  The elevator advisory board is composed of 12 [nine]
2-27     members appointed by the commissioner as follows:
 3-1                 (1)  a representative of the insurance industry or a
 3-2     certified elevator inspector;
 3-3                 (2)  a representative of elevator, escalator, and
 3-4     related equipment constructors;
 3-5                 (3)  a representative of owners or managers of
 3-6     buildings having fewer than six stories and having an elevator, an
 3-7     escalator, or related equipment;
 3-8                 (4)  a representative of owners or managers of
 3-9     buildings having six stories or more and having an elevator, an
3-10     escalator, or related equipment;
3-11                 (5)  a representative of independent elevator,
3-12     escalator, and related equipment maintenance companies;
3-13                 (6)  a representative of elevator, escalator, and
3-14     related equipment manufacturers;
3-15                 (7)  a representative of professional engineers or
3-16     architects;
3-17                 (8)  four [a] public members [member]; and
3-18                 (9)  a public member with a physical disability.
3-19           (e)  A board member serves without compensation [but is
3-20     entitled to reimbursement for travel and other necessary expenses
3-21     incurred in performing duties under this subchapter].
3-22           SECTION 4.  Sections 754.014(b), (c), (e), (h), (i), and (k),
3-23     Health and Safety Code, are amended to read as follows:
3-24           (b)  Standards adopted by the commissioner may not contain
3-25     requirements in addition to the requirements in the ASME Code A17.1
3-26     or 1994 ASME Code A17.3.  The standards may not require sprinklers
3-27     in an elevator hoistway, pit, or machine room.  The standards shall
 4-1     allow alteration of existing elevators, escalators, or related
 4-2     equipment as long as the alteration does not diminish the level of
 4-3     safety below that which was required for the elevators, escalators,
 4-4     or related equipment under this subchapter at the time of the
 4-5     alteration.
 4-6           (c)  Standards adopted by the commissioner must require
 4-7     elevators, escalators, and related equipment to comply with the
 4-8     installation requirements of the following, whichever is the least
 4-9     restrictive:
4-10                 (1)  the ASME Code A17.1 that was in effect on the date
4-11     of installation of the elevators, escalators, and related
4-12     equipment; or
4-13                 (2)  an applicable municipal ordinance in effect before
4-14     September 1, 1993, governing the installation, alteration,
4-15     inspection, and certification of elevators, escalators, and related
4-16     equipment that was in effect on the date of installation.
4-17           (e)  On written request and subject to this subsection, the
4-18     commissioner shall grant a delay for compliance with the applicable
4-19     ASME Code A17.1 or the 1994 ASME Code A17.3 until a specified time
4-20     if compliance is not readily achievable, as that phrase is defined
4-21     in the Americans with Disabilities Act (42 U.S.C. Section 12101 et
4-22     seq.), or regulations adopted under that Act.  A delay may not be
4-23     granted if it allows an imminent and significant danger to
4-24     continue.  A delay may not be granted if it allows compliance
4-25     beyond the specified deadline for the compliance contained in an
4-26     earlier delay granted by the commissioner unless the commissioner
4-27     determines there is good cause for the further delay.
 5-1           (h)  The commissioner shall grant a waiver of compliance with
 5-2     an applicable ASME Code A17.1 provision if the noncompliance
 5-3     resulted from compliance with a municipal elevator or escalator
 5-4     construction code at the time of original construction and the
 5-5     noncompliance poses no imminent and significant danger.  The
 5-6     commissioner shall [may] grant a waiver of compliance with the
 5-7     firefighter's service provisions of the ASME Code A17.1 or the 1994
 5-8     ASME Code A17.3 in an elevator that exclusively serves a vehicle
 5-9     parking garage in a building that:
5-10                 (1)  is used only for parking;
5-11                 (2)  is constructed of noncombustible materials; and
5-12                 (3)  is not greater than 75 feet in height.
5-13           (i)  This subchapter does not apply to an elevator, [an]
5-14     escalator, or related equipment in an industrial facility, [or in
5-15     a] grain silo, radio antenna, bridge tower, underground facility,
5-16     or dam, to which access is limited principally to employees who are
5-17     covered under workers' compensation insurance carried by the owner
5-18     or tenant of the building or structure [of or working in that
5-19     facility or structure].
5-20           (k)  For purposes of this section, the date of installation
5-21     or alteration of an elevator, an escalator, or related equipment is
5-22     the date that the owner of the real property entered into a
5-23     contract for the installation or alteration of an elevator, an
5-24     escalator, [purchase of the elevators, escalators,] or related
5-25     equipment.  If that date cannot be established, the date of
5-26     installation or alteration is the date of issuance of the municipal
5-27     building permit under which the elevator, escalator [elevators,
 6-1     escalators], or related equipment was installed or altered
 6-2     [constructed] or, if a municipal building permit was not issued,
 6-3     the date that electrical consumption began for the construction of
 6-4     the building in which the elevator, escalator [elevators,
 6-5     escalators], or related equipment was installed.
 6-6           SECTION 5.  Section 754.015, Health and Safety Code, is
 6-7     amended to read as follows:
 6-8           Sec. 754.015.  RULES.  (a)  The commissioner by rule shall
 6-9     provide for:
6-10                 (1)  the inspection and certification once each
6-11     calendar year of elevators, escalators, and related equipment
6-12     covered by standards adopted under this subchapter;
6-13                 (2)  the enforcement of those standards;
6-14                 (3)  the certification of qualified persons as
6-15     inspectors for the purposes of this subchapter; [and]
6-16                 (4)  the form of the inspection report and certificate
6-17     of compliance;
6-18                 (5)  the review of plans submitted by building owners
6-19     to the commission for the installation or alteration of elevators
6-20     or escalators;
6-21                 (6)  a fee schedule to charge for acceptance
6-22     inspections and plan reviews performed by commission staff and
6-23     requested by building owners;
6-24                 (7)  requesting municipal building inspection
6-25     departments to notify applicants for building permits of the
6-26     availability of commission staff for reviewing elevator plans and
6-27     performing acceptance inspections; and
 7-1                 (8)  notifying building owners, architects, and other
 7-2     building industry professionals regarding the necessity of annual
 7-3     inspections of elevators, escalators, and related equipment and the
 7-4     availability of commission staff for reviewing elevator and
 7-5     escalator plans and performing acceptance inspections.
 7-6           (b)  The commissioner by rule may not require that:
 7-7                 (1)  inspection be made more often than once per year
 7-8     of elevators, escalators, and related equipment, except as provided
 7-9     by Subsection (c);
7-10                 (2)  persons post a bond or furnish insurance as a
7-11     condition of certification; [and]
7-12                 (3)  inspection reports or certificates of compliance
7-13     be placed in locations other than one provided in Section
7-14     754.019(a)(4); or
7-15                 (4)  building owners submit to the commission proposed
7-16     plans for the installation or alteration of elevators [754.019(4)].
7-17           (c)  The commissioner by rule may allow the chief inspector
7-18     of elevators to require a reinspection and recertification of an
7-19     elevator or escalator in the same year if an annual certification
7-20     report filed with the commission indicates a condition that:
7-21                 (1)  continues to exist according to the report; and
7-22                 (2)  continues to be a significant threat to passenger
7-23     safety in the reasonable judgment of the chief inspector.
7-24           SECTION 6.  Section 754.016(b), Health and Safety Code, is
7-25     amended to read as follows:
7-26           (b)  An inspector shall date and sign an inspection report
7-27     and shall issue the report to the building owner not later than the
 8-1     10th business day after the date of inspection.  The inspection
 8-2     report shall be on forms designated by the commissioner.
 8-3           SECTION 7.  Sections 754.017(a) and (c), Health and Safety
 8-4     Code, are amended to read as follows:
 8-5           (a)  An inspector must register with the department, attend
 8-6     an annual seminar provided by the commission, and be certified as
 8-7     an ASME-QEI-1 inspector by an organization accredited by the
 8-8     American Society of Mechanical Engineers.  Any certification
 8-9     charges or fees shall be paid by the inspector.
8-10           (c)  The commission [commissioner] may charge a $25 [$15] fee
8-11     to certified inspectors for registering with the department.
8-12           SECTION 8.  Section 754.0171, Health and Safety Code, is
8-13     amended to read as follows:
8-14           Sec. 754.0171.  INSPECTION FEE.  [(a) A person inspecting an
8-15     elevator, an escalator, or related equipment under this subchapter
8-16     may not charge more than $65 per elevator cab or per escalator for
8-17     each inspection.]
8-18           [(b)]  The amount charged for an inspection or the
8-19     performance of an inspection of an elevator, an escalator, or
8-20     related equipment under this subchapter may not be contingent on
8-21     the existence of a maintenance contract between the person
8-22     performing the inspection and any other person.
8-23           SECTION 9.  Subchapter B, Chapter 754, Health and Safety
8-24     Code, is amended by adding Section 754.0172 to read as follows:
8-25           Sec. 754.0172.  APPOINTMENT OF PERSONNEL.  (a)  The
8-26     commissioner shall appoint a chief of elevator inspections to
8-27     administer this subchapter.  The chief inspector must:
 9-1                 (1)  be a resident of this state and a citizen of the
 9-2     United States;
 9-3                 (2)  have at least five years' experience in the
 9-4     construction, installation, inspection, operation, maintenance, and
 9-5     repair of elevators;
 9-6                 (3)  not have a commercial interest in the manufacture,
 9-7     maintenance, repair, or sale of elevators, escalators, or related
 9-8     equipment; and
 9-9                 (4)  possess an ASME-QEI-1 certification or obtain the
9-10     certification within six months after becoming chief inspector.
9-11           (b)  The commissioner shall appoint ASME-QEI-1 certified
9-12     elevator inspectors to serve as deputy inspectors.  Deputy
9-13     inspectors shall be responsible for accident investigations, plan
9-14     reviews, and acceptance inspections requested by building owners
9-15     and shall perform other duties assigned by the chief inspector of
9-16     elevators consistent with this subchapter.
9-17           SECTION 10.  Section 754.018, Health and Safety Code, is
9-18     amended to read as follows:
9-19           Sec. 754.018.  POWERS OF MUNICIPALITIES.  (a)  Subject to
9-20     Subsections (b) and (c) and Section 754.014(h), if [If] a
9-21     municipality operates a program for the installation, alteration,
9-22     inspection, or [and] certification of elevators, escalators, or
9-23     [and] related equipment, this subchapter shall not apply to
9-24     elevators, escalators, and related equipment in that municipality
9-25     if[, provided that] the standards of installation, alteration,
9-26     inspection, and certification are equivalent to [no less stringent
9-27     than] those contained in this subchapter.
 10-1          (b)  A municipality may not require sprinklers in an elevator
 10-2    hoistway, pit, or machine room.
 10-3          (c)  After January 1, 2010, a municipality may not operate a
 10-4    program for installation, alteration, inspection, or certification
 10-5    of elevators, escalators, and related equipment.  A municipality
 10-6    may elect to cease operation of a program for installation,
 10-7    alteration, inspection, or certification sooner than January 1,
 10-8    2010.  This section does not prevent a municipality from enforcing
 10-9    building codes that do not exceed or conflict with applicable
10-10    provisions of ASME Code A17.1 and 1994 ASME Code A17.3.
10-11          SECTION 11.  Section 754.019(a), Health and Safety Code, is
10-12    amended to read as follows:
10-13          (a)  The owner of real property on which an elevator, an
10-14    escalator, or related equipment covered by this subchapter is
10-15    located shall:
10-16                (1)  have the elevator, escalator, or related equipment
10-17    inspected by an ASME-QEI-1 certified inspector in accordance with
10-18    the commissioner's rules;
10-19                (2)  obtain an inspection report from the inspector
10-20    evidencing that all elevators, escalators, and related equipment in
10-21    a building on the real property were inspected in accordance with
10-22    this subchapter and rules adopted under this subchapter;
10-23                (3)  file with the commissioner a copy of each
10-24    inspection report and a $20 filing fee for each report, plus $5 for
10-25    each elevator, escalator, or related equipment not later than the
10-26    60th day after the date on which an inspection is made under this
10-27    subchapter;
 11-1                (4)  display a copy of the certificate of compliance:
 11-2                      (A)  in each [the] elevator mechanical room if
 11-3    the certificate relates to an elevator;
 11-4                      (B)  in each [the] escalator box if the
 11-5    certificate relates to an escalator; or
 11-6                      (C)  in a place designated by the commissioner if
 11-7    the certificate relates to related equipment; and
 11-8                (5)  display the inspection report at the locations
 11-9    designated in Subdivision (4) until a certificate of compliance is
11-10    issued by the commissioner.
11-11          SECTION 12.  Section 754.021, Health and Safety Code, is
11-12    amended to read as follows:
11-13          Sec. 754.021.  LIST OF INSPECTORS; PERSONNEL.  The
11-14    commissioner shall [may]:
11-15                (1)  compile a list of ASME-QEI-1 certified inspectors
11-16    who are registered with the department to perform an inspection
11-17    under this subchapter; and
11-18                (2)  employ personnel who are [as] necessary to enforce
11-19    this subchapter and who shall be supervised by the chief inspector
11-20    of elevators.
11-21          SECTION 13.  Section 754.023, Health and Safety Code, is
11-22    amended by amending Subsection (a) and adding Subsections (f)-(i)
11-23    to read as follows:
11-24          (a)  If there is good cause for the commissioner or the chief
11-25    of elevator inspections to believe that an elevator, an escalator,
11-26    or related equipment on real property poses an imminent and
11-27    significant danger [is dangerous] or that an accident involving an
 12-1    elevator, an escalator, or related equipment occurred on the
 12-2    property and serious bodily injury or property damage resulted, an
 12-3    employee of the commission [the commissioner] may enter the
 12-4    property during regular business hours after notice to the owner,
 12-5    operator, or person in charge of the property to inspect the
 12-6    elevator, escalator, or related equipment or investigate the danger
 12-7    or accident at no cost to the owner.
 12-8          (f)  An employee of the commission may disconnect power to or
 12-9    lockout an elevator or issue a written directive to a building
12-10    owner or manager to disconnect power to or lockout an elevator if:
12-11                (1)  an employee of the commission determines that
12-12    imminent and significant danger to elevator passengers exists if
12-13    that action is not taken immediately;
12-14                (2)  the commissioner or the chief of elevator
12-15    inspections for the commission approves any disconnection of power
12-16    to or lockout of the elevator;
12-17                (3)  the disconnection of power or lockout is limited
12-18    to the elevator posing imminent and significant danger; and
12-19                (4)  reasonable effort has been made to notify the
12-20    building owner or management of the imminent and significant danger
12-21    before the disconnection of power or lockout occurs and to notify
12-22    the owner or management of the cause of the imminent and
12-23    significant danger to passengers to allow the owner or manager to
12-24    perform the disconnection of power or lockout.
12-25          (g)  An employee of the commission may disconnect power to or
12-26    lockout an elevator or issue a written directive to the building
12-27    owner or manager to perform the disconnection of power or lockout
 13-1    if:
 13-2                (1)  an annual inspection has not been performed in
 13-3    more than two years;
 13-4                (2)  the elevator has been installed for more than two
 13-5    years;
 13-6                (3)  the commission has given the building owner or
 13-7    manager 60 days written notice by certified mail directing that the
 13-8    elevator be inspected according to this subchapter;
 13-9                (4)  after the expiration of the notice period under
13-10    Subdivision (3), the commission has given written notice to the
13-11    building owner or manager by certified mail stating that a
13-12    disconnection of power to or lockout of the elevator will be made
13-13    at the commission's direction not less than seven days after the
13-14    date on which notice is delivered under this subdivision to the
13-15    building owner or manager; and
13-16                (5)  the chief of elevator inspections for the
13-17    commission has approved the disconnection of power to or lockout of
13-18    the elevator after the expiration of the notice period described by
13-19    Subdivision (4).
13-20          (h)  If a disconnection of power to or lockout of an elevator
13-21    occurs under Subsection (f), power may not be reconnected and the
13-22    elevator may not be unlocked unless:
13-23                (1)  a registered elevator inspector, an elevator
13-24    service company, or a commission employee has given written
13-25    verification to the commission that the imminent and significant
13-26    danger has been removed by repair or replacement; and
13-27                (2)  the building owner agrees in writing to pay, not
 14-1    later than the 30th day after the date on which the power is
 14-2    reconnected or the elevator is unlocked, any penalty imposed under
 14-3    this subchapter and to reimburse the commission for any expenses
 14-4    incurred by the commission relating to the disconnection of power
 14-5    to or lockout of the elevator.
 14-6          (i)  If a disconnection of power to or lockout of an elevator
 14-7    occurs under Subsection (g), power may not be reconnected and the
 14-8    elevator may not be unlocked unless the building owner pays any
 14-9    penalty imposed under this subchapter and reimburses the commission
14-10    for any expenses incurred by the commission relating to the
14-11    disconnection of power to or lockout of the elevator.
14-12          SECTION 14.  Subchapter A, Chapter 754, Health and Safety
14-13    Code, is repealed.
14-14          SECTION 15.  (a) This Act takes effect September 1, 1999.
14-15          (b)  The changes in law made by this Act apply only to an
14-16    inspection or other action taken under Subchapter B, Chapter 754,
14-17    Health and Safety Code, that occurs on or after the effective date
14-18    of this Act.
14-19          (c)  The commissioner of licensing and regulation shall
14-20    appoint three additional public members to the elevator advisory
14-21    board as required by Section 754.012, Health and Safety Code, as
14-22    amended by this Act, not later than January 1, 1999.
14-23          SECTION 16.  The importance of this legislation and the
14-24    crowded condition of the calendars in both houses create an
14-25    emergency and an imperative public necessity that the
14-26    constitutional rule requiring bills to be read on three several
14-27    days in each house be suspended, and this rule is hereby suspended.