HBA-TBM H.B. 2451 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2451 By: Wilson Licensing & Administrative Procedures 4/6/2001 Introduced BACKGROUND AND PURPOSE According the Center to Protect Workers' Rights and the National Institute for Occupational Health and Safety, about 30 people die each year in incidents involving elevators and escalators and over 17,000 people are seriously injured. People working on or near elevators comprise approximately half of the number of deaths. The number of elevator accidents could be reduced by the implementation of stricter regulation of elevator operations and workers. This may be accomplished by the creation of a state agency dedicated to elevator safety. House Bill 2451 abolishes the elevator advisory board and creates the Texas Elevator Board to regulate elevator operations and license individuals who work with elevators. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Elevator Board in SECTION 4 (Section 754.013, Health and Safety Code), SECTION 6 (Section 754.015, Health and Safety Code), SECTION 9 (Section 754.060, Health and Safety Code), and SECTION 11 and to the commissioner of licensing and regulation in SECTION 9 (Section 754.060, Health and Safety Code) of this bill. ANALYSIS House Bill 2451 amends the Health and Safety Code to abolish the elevator advisory board and create the Texas Elevator Board (board), and establish that the board members are appointed by the governor with the advice and consent of the senate (Sec. 754.012 and SECTION 11). The bill removes provisions relating to the board's advisory duties to the commissioner of licensing and regulation (commissioner) and transfers to the board the commissioner's duties and authority to adopt rules and standards for the regulation of elevators, escalators, and related equipment (lifts) (Secs. 754.013-754.015). The bill sets forth provisions regarding the appointment and terms of the board members and authorizes the board to appoint advisory committees as necessary to carry out the board's duties (Sec. 754.012). The board is subject to the Texas Sunset Act and unless continued in existence is abolished September 1, 2011 (Sec. 754.0122). The board is required to adopt rules and establish fees and is authorized to solicit consultations, make recommendations, and grant exemptions (Sec. 754.013, 754.015, and 754.055). The bill requires the board to regulate lifts in private residences and conform standards adopted by the board to the American Society of Mechanical Engineers Safety Code for Elevators and Escalators (Sec. 754.014). The bill requires the board by rule to provide for the licensing rather than certification of elevator mechanics, inspectors, and contractors and prohibits unlicensed individuals from performing specified professional services related to lifts (Sec. 754.015 and 754.051). The bill sets forth requirements relating to licenses issued by the board, requires the commissioner to prescribe the method and content of a licensing examination, and prescribes provisions regarding location, notification, and reexamination(Secs. 754.052754.056). The bill sets forth provisions regarding the waiver of the license requirement, the issuance and term of a license, a temporary license, continuing education for the renewal of a license, and the insurance requirement for the issuance of a license (Secs. 754.057-754.061). The bill specifies that a fee may not be charged or collected for a certificate of compliance for a private residence (Sec. 754.019). The bill repeals provisions relating to exemptions from lift regulations, certified inspectors, investigation, license proceedings, injunctions for unsafe lifts, and criminal penalties (SECTION 10). The bill requires the governor to appoint the members of the board as soon as practicable after the effective date of this Act (Sec. 754.012 and SECTION 11). The bill requires the board to adopt rules to regulate lifts not later than March 1, 2002. The prohibition against performance without a required license issued by the board takes effect September 1, 2002. The bill provides that a private residence or public building not required to be inspected before the effective date of this Act is not required to be inspected before September 1, 2002 (SECTION 11). EFFECTIVE DATE September 1, 2001.