By: Carona S.B. No. 1198
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to inspection of elevators, escalators, moving sidewalks,
1-3 and related equipment; providing an administrative penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 754, Health and Safety
1-6 Code, is amended to read as follows:
1-7 SUBCHAPTER B. INSPECTION AND CERTIFICATION
1-8 Sec. 754.011. DEFINITIONS. In this subchapter:
1-9 (1) "Acceptance inspection" means an inspection
1-10 performed at the completion of the initial installation or
1-11 alteration of equipment and in accordance with the applicable ASME
1-12 Code A17.1.
1-13 (2) "Accident" means an event involving equipment that
1-14 results in serious bodily injury to a person or in damage to the
1-15 equipment.
1-16 (3) "Alteration" means a change in or modernization of
1-17 existing equipment. The term does not include maintenance, repair,
1-18 replacement, or a cosmetic change that does not affect the
1-19 operational safety of the equipment or diminish the safety of the
1-20 equipment below the level required by ASME Code A17.3 or ASME Code
1-21 A17.1, as applicable, at the time of alteration.
1-22 (4) "Annual inspection" means an inspection of
1-23 equipment performed in a 12-month period in accordance with the
1-24 applicable ASME Code A17.1. The term includes an acceptance
1-25 inspection performed within that period.
2-1 (5) "ASME Code A17.1" means the American Society of
2-2 Mechanical Engineers Safety Code for Elevators and Escalators
2-3 A17.1.
2-4 (6) [(2)] "ASME Code A17.3" means the 1994 American
2-5 Society of Mechanical Engineers Safety Code for Elevators and
2-6 Escalators A17.3.
2-7 (7) "ASME Code A18" means the American Society of
2-8 Mechanical Engineers Safety Code for Platform Lifts and Stairway
2-9 Chairlifts A18.
2-10 (8) [(3)] "Board" means the elevator advisory board.
2-11 (9) [(4)] "Commission" means the Texas Commission of
2-12 Licensing and Regulation.
2-13 (10) [(5)] "Commissioner" means the commissioner of
2-14 licensing and regulation.
2-15 (11) "Contractor" means a person engaged in the
2-16 installation, repair, or maintenance of equipment. The term does
2-17 not include a person engaged in cleaning, maintenance, repair,
2-18 replacement, or making a cosmetic change that does not affect the
2-19 operational safety of the equipment or diminish the safety of the
2-20 equipment below the level required by ASME Code A17.1, ASME Code
2-21 A17.3, or ASME Code A18, as applicable.
2-22 (12) [(6)] "Department" means the Texas Department of
2-23 Licensing and Regulation.
2-24 (13) "Equipment" means an elevator, escalator, or
2-25 moving sidewalk or related equipment.
2-26 (14) "Industrial facility" means a facility to which
3-1 access is primarily limited to employees of the facility.
3-2 (15) [(7)] "Qualified historic building or facility"
3-3 means a building or facility that is:
3-4 (A) listed in or eligible for listing in the
3-5 National Register of Historic Places; or
3-6 (B) designated as a Recorded Texas Historic
3-7 Landmark or State Archeological Landmark.
3-8 (16) [(8)] "Related equipment" means:
3-9 (A) automatic equipment that is used to move a
3-10 person in a manner that is similar to that of an elevator, an [or]
3-11 escalator, or [and includes] a moving sidewalk; and
3-12 (B) hoistways, pits, and machine rooms for
3-13 equipment.
3-14 (17) "Serious bodily injury" means a major impairment
3-15 to bodily function or serious dysfunction of any bodily organ or
3-16 part.
3-17 (18) "Unit of equipment" means one elevator,
3-18 escalator, or moving sidewalk or its related equipment.
3-19 Sec. 754.0111. EXEMPTION. (a) This subchapter does not
3-20 apply to [an elevator, escalator, or related] equipment in a
3-21 private building owned by [for] a labor union, trade association,
3-22 private club, or charitable organization that has two or fewer
3-23 floors.
3-24 (b) This subchapter does not apply to an elevator located in
3-25 a single-family dwelling.
3-26 Sec. 754.012. ELEVATOR ADVISORY BOARD. (a) The elevator
4-1 advisory board is composed of 12 [nine] members appointed by the
4-2 commissioner as follows:
4-3 (1) a representative of the insurance industry or a
4-4 certified elevator inspector;
4-5 (2) a representative of [elevator, escalator, and
4-6 related] equipment constructors;
4-7 (3) a representative of owners or managers of a
4-8 building [buildings] having fewer than six stories and having [an
4-9 elevator, an escalator, or related] equipment;
4-10 (4) a representative of owners or managers of a
4-11 building [buildings] having six stories or more and having [an
4-12 elevator, an escalator, or related] equipment;
4-13 (5) a representative of [independent elevator,
4-14 escalator, and related] equipment maintenance companies;
4-15 (6) a representative of [elevator, escalator, and
4-16 related] equipment manufacturers;
4-17 (7) a licensed or registered engineer or architect
4-18 [representative of professional engineers or architects];
4-19 (8) four [a] public members [member]; and
4-20 (9) a public member with a physical disability.
4-21 (b) Board members serve at the will of the commissioner.
4-22 (c) The commissioner shall appoint a presiding officer of
4-23 the board.
4-24 (d) The board shall meet at least twice each calendar year.
4-25 (e) A board member serves without compensation but is
4-26 entitled to reimbursement for travel as provided for in the General
5-1 Appropriations Act [and other necessary expenses incurred in
5-2 performing duties under this subchapter].
5-3 Sec. 754.013. BOARD DUTIES. To protect public safety and to
5-4 identify and correct potential hazards, the board shall advise the
5-5 commissioner on:
5-6 (1) the adoption of appropriate standards for the
5-7 installation, alteration, operation, and inspection of [elevators,
5-8 escalators, and related] equipment;
5-9 (2) the status of [elevators, escalators, and related]
5-10 equipment used by the public in this state; and
5-11 (3) any other matter considered relevant by the
5-12 commissioner.
5-13 Sec. 754.014. STANDARDS ADOPTED BY COMMISSIONER. (a) The
5-14 commissioner shall adopt standards for the installation,
5-15 alteration, operation, and inspection of [elevators, escalators,
5-16 and related] equipment used by the public in:
5-17 (1) buildings owned or operated by the state, a
5-18 state-owned institution or agency, or a political subdivision of
5-19 the state; and
5-20 (2) buildings that contain [an elevator, an escalator,
5-21 or related] equipment that is open to the general public, including
5-22 a hotel, motel, apartment house, boardinghouse, church, office
5-23 building, shopping center, or other commercial establishment.
5-24 (b) Standards adopted by the commissioner may not contain
5-25 requirements in addition to the requirements in the ASME Code
5-26 A17.1, [or] ASME Code A17.3, or ASME Code A18. The standards must
6-1 allow alteration of existing equipment if the alteration does not
6-2 diminish the safety of the equipment below the level required by
6-3 this subchapter at the time of alteration.
6-4 (c) Standards adopted by the commissioner must require
6-5 [elevators, escalators, and related] equipment to comply with the
6-6 installation requirements of the [following, whichever is the least
6-7 restrictive:]
6-8 [(1) the] ASME Code A17.1 or ASME Code A18 that was in
6-9 effect and applicable on the date of installation of the
6-10 [elevators, escalators, and related] equipment[; or]
6-11 [(2) an applicable municipal ordinance governing the
6-12 installation of elevators, escalators, and related equipment that
6-13 was in effect on the date of installation].
6-14 (d) Standards adopted by the commissioner must require
6-15 [elevators, escalators, and related] equipment to comply with the
6-16 installation requirements of the [1994] ASME Code A17.3 that
6-17 contains minimum safety standards for all [elevators, escalators,
6-18 and related] equipment, regardless of the date of installation.
6-19 (e) The [On written request, the] commissioner shall grant a
6-20 delay for compliance with the applicable ASME Code A17.1, [or the
6-21 1994] ASME Code A17.3, or ASME Code A18 until a specified time if
6-22 compliance is not readily achievable, as that phrase is defined in
6-23 the Americans with Disabilities Act (42 U.S.C. Section 12101 et
6-24 seq.), or regulations adopted under that Act. The accumulated
6-25 total time of all delays may not exceed three years except as
6-26 provided by Subsection (f) or as allowed in the discretion of the
7-1 commissioner.
7-2 (f) The [On written request, the] commissioner shall grant a
7-3 delay until September 1, 2005, for compliance with the requirements
7-4 for door restrictors or firefighter's service in the [1994] ASME
7-5 Code A17.3 if those requirements were not included in the ASME Code
7-6 A17.1 that was in effect on the date of installation [of the
7-7 elevator, escalator, or related equipment] and the [that] equipment
7-8 was not subsequently installed [by an owner of the elevator,
7-9 escalator, or related equipment].
7-10 (g) The commissioner may grant a waiver of compliance from
7-11 an applicable code requirement [with the applicable ASME Code A17.1
7-12 or the 1994 ASME Code A17.3] if the commissioner finds that:
7-13 (1) the building in which the [elevator, escalator, or
7-14 related] equipment is located is a qualified historic building or
7-15 facility or the noncompliance is due to structural components of
7-16 the building; and
7-17 (2) noncompliance will not constitute a significant
7-18 threat to passenger safety.
7-19 (h) The commissioner shall grant a waiver of compliance if
7-20 the noncompliance resulted from compliance with a municipal
7-21 equipment construction code at the time of the original
7-22 installation and the noncompliance does not pose imminent and
7-23 significant danger. The commissioner may grant a waiver of
7-24 compliance with the firefighter's service provisions of the ASME
7-25 Code A17.1 or the [1994] ASME Code A17.3 in an elevator that
7-26 exclusively serves a vehicle parking garage in a building that:
8-1 (1) is used only for parking;
8-2 (2) is constructed of noncombustible materials; and
8-3 (3) is not greater than 75 feet in height.
8-4 (i) This subchapter does not apply to [an elevator, an
8-5 escalator, or related] equipment in an industrial facility, or in a
8-6 grain silo, radio antenna, bridge tower, underground facility, or
8-7 dam, to which access is limited principally to employees of or
8-8 working in that facility or structure.
8-9 (j) [The commissioner may charge a reasonable fee as set by
8-10 the commission for an application for waiver or delay.] One
8-11 application for a waiver or delay may contain all requests related
8-12 to a unit of equipment [particular building]. A delay may not be
8-13 granted indefinitely but must be granted for [to] a specified time
8-14 not to exceed three years.
8-15 (k) For purposes of this section, the date of installation
8-16 or alteration of equipment is the date that the owner of the real
8-17 property entered into a contract for the installation or alteration
8-18 of the [purchase of the elevators, escalators, or related]
8-19 equipment. If that date cannot be established, the date of
8-20 installation or alteration is the date of issuance of the municipal
8-21 building permit under which the [elevators, escalators, or related]
8-22 equipment was installed or altered [constructed] or, if a municipal
8-23 building permit was not issued, the date that electrical
8-24 consumption began for the construction of the building in which the
8-25 [elevators, escalators, or related] equipment was installed.
8-26 Sec. 754.015. RULES. (a) The commissioner by rule shall
9-1 provide for:
9-2 (1) an annual [the] inspection and certification of
9-3 the [once each calendar year of elevators, escalators, and related]
9-4 equipment covered by standards adopted under this subchapter;
9-5 (2) the enforcement of those standards;
9-6 (3) the registration [certification] of qualified
9-7 [persons as] inspectors and contractors [for the purposes of this
9-8 subchapter]; [and]
9-9 (4) the form of [the] inspection documents, contractor
9-10 reports, [report] and certificates [certificate] of compliance; and
9-11 (5) notification to building owners, architects, and
9-12 other building industry professionals regarding the necessity of
9-13 annually inspecting equipment.
9-14 (b) The commissioner by rule may not [require that]:
9-15 (1) require inspections of equipment to [inspection]
9-16 be made more often than every 12 months, except as provided by
9-17 Subsection (c) [once per year of elevators, escalators, and related
9-18 equipment];
9-19 (2) require persons to post a bond or furnish
9-20 insurance or to have minimum experience or education as a condition
9-21 of certification or registration; [and]
9-22 (3) require inspection reports or certificates of
9-23 compliance to be placed in locations other than one provided in
9-24 Section 754.019(a)(4);
9-25 (4) require building owners to submit to the
9-26 department proposed plans for equipment installation or alteration;
10-1 (5) prohibit a QEI-1 certified inspector who is
10-2 registered with the department from inspecting equipment; or
10-3 (6) require an inspection report or certificate of
10-4 compliance to be placed inside or immediately outside an elevator
10-5 cab or escalator or in the lobby or hallways of a building.
10-6 (c) The commissioner by rule may require a reinspection or
10-7 recertification of equipment if the equipment has been altered and
10-8 poses a significant threat to passenger safety or if an annual
10-9 inspection report indicates an existing violation has continued
10-10 longer than permitted in a delay granted by the commissioner.
10-11 (d) The commissioner by rule may charge a fee for:
10-12 (1) registering with the department as an inspector or
10-13 contractor, not to exceed $30;
10-14 (2) providing certified inspector educational courses,
10-15 not to exceed $50;
10-16 (3) applying for a certificate of compliance, not to
10-17 exceed $15 for each unit of equipment;
10-18 (4) filing an inspection report as required by Section
10-19 754.019(a)(3):
10-20 (A) not later than 60 days after the date the
10-21 report is due, not to exceed $10 for each full month the report is
10-22 past due; or
10-23 (B) 60 days or more after the date the report is
10-24 due, not to exceed $100 for each full month the report is past due;
10-25 and
10-26 (5) applying for a waiver or delay, not to exceed $100
11-1 for each violation [754.019(4)].
11-2 Sec. 754.016. INSPECTION DOCUMENTS [REPORT] AND CERTIFICATE
11-3 OF COMPLIANCE. (a) An inspection report and [a] certificate of
11-4 compliance required under this subchapter must cover each unit of
11-5 [all elevators, escalators, and related] equipment [in a building
11-6 or structure appurtenant to the building, including a parking
11-7 facility, that are owned by the same person or persons]. There
11-8 shall be separate [only one] inspection reports [report] and
11-9 certificates [one certificate] of compliance for each unit of
11-10 equipment [building].
11-11 (b) An inspector shall date and sign an inspection report
11-12 and shall issue the report to the building owner not later than the
11-13 10th calendar day after the date of inspection. [The inspection
11-14 report shall be on forms designated by the commissioner.]
11-15 (c) The commissioner shall [date and sign a certificate of
11-16 compliance and shall] issue a [the] certificate of compliance to
11-17 the building owner if an application is submitted by the building
11-18 owner with applicable fees and the application reflects that:
11-19 (1) the[. The certificate of compliance shall state
11-20 that the elevators, escalators, and related] equipment has [have]
11-21 been inspected by a certified inspector;
11-22 (2) the inspection report shows the equipment is [and
11-23 found by the inspector to be] in compliance with the requirements
11-24 of this chapter; and
11-25 (3) to the extent the report shows any noncompliance
11-26 that does not pose an imminent and significant danger, the building
12-1 owner:
12-2 (A) acknowledges the noncompliance will be
12-3 remedied within a reasonable period, not later than six months
12-4 following the date of the inspection report; or
12-5 (B) has been granted a waiver or delay for
12-6 compliance by the commissioner[, except for any delays or waivers
12-7 granted by the commissioner and stated in the certificate].
12-8 Sec. 754.017. CERTIFIED INSPECTORS. (a) In order to
12-9 inspect equipment, an individual must:
12-10 (1) be registered [An inspector must register] with
12-11 the department;
12-12 (2) attend educational courses as required by the
12-13 department;
12-14 (3) [and] be certified as a QEI-1 [an ASME-QEI-1]
12-15 inspector by an organization accredited by the American Society of
12-16 Mechanical Engineers; and
12-17 (4) pay all applicable registration fees. [Any
12-18 certification charges or fees shall be paid by the inspector.]
12-19 (b) [The commissioner may not by rule prohibit an ASME-QEI-1
12-20 certified inspector who is registered with the department from
12-21 inspecting under this subchapter an elevator, an escalator, or
12-22 related equipment.] A person assisting a certified inspector is
12-23 not required to be [ASME-QEI-1] certified.
12-24 (c) A registration expires on the first anniversary of the
12-25 date of issuance [The commissioner may charge a $15 fee to
12-26 certified inspectors for registering with the department].
13-1 Sec. 754.0171. CONTRACTOR REGISTRATION. (a) A person may
13-2 not install, repair, or maintain equipment without registering as a
13-3 contractor with the department as required by this subchapter.
13-4 (b) A contractor shall submit an application for
13-5 registration and pay appropriate fees to the department.
13-6 (c) A registration expires on the first anniversary of the
13-7 date of issuance.
13-8 (d) A contractor registered as required by this chapter
13-9 shall submit to the department a quarterly report containing:
13-10 (1) the street address of each building or location at
13-11 which the contractor performed installation, repair, alteration, or
13-12 maintenance of equipment; and
13-13 (2) the name and mailing address of the building
13-14 owner.
13-15 (e) Installation, repair, alteration, and maintenance
13-16 standards for contractors must be consistent with ASME Code A17.1,
13-17 ASME Code A17.3, and ASME Code A18.
13-18 Sec. 754.0172 [754.0171]. INSPECTION FEE. (a) A person
13-19 inspecting [an elevator, an escalator, or related] equipment under
13-20 this subchapter may not charge more than $65 per elevator cab or
13-21 per escalator for each inspection.
13-22 (b) The amount charged for an inspection or the performance
13-23 of an inspection of equipment under this chapter may not be
13-24 contingent on the existence of a maintenance contract between the
13-25 person performing the inspection and any other person.
13-26 Sec. 754.018. POWERS OF MUNICIPALITIES. Subject to Section
14-1 754.014(h), if [If] a municipality operates a program for the
14-2 installation, alteration, inspection, or [and] certification of
14-3 [elevators, escalators, and related] equipment, this subchapter
14-4 shall not apply to the [elevators, escalators, and related]
14-5 equipment in that municipality, provided that the standards of
14-6 installation, alteration, inspection, and certification are at
14-7 least equivalent to [no less stringent than] those contained in
14-8 this subchapter.
14-9 Sec. 754.019. DUTIES OF REAL PROPERTY OWNERS. (a) The
14-10 owner of real property on which [an elevator, an escalator, or
14-11 related] equipment covered by this subchapter is located shall:
14-12 (1) have the [elevator, escalator, or related]
14-13 equipment inspected annually by a [an ASME-QEI-1] certified
14-14 inspector [in accordance with the commissioner's rules];
14-15 (2) obtain an inspection report from the inspector
14-16 evidencing that all [elevators, escalators, and related] equipment
14-17 in a building on the real property were inspected in accordance
14-18 with this subchapter and rules adopted under this subchapter;
14-19 (3) file with the department the [commissioner a copy
14-20 of each] inspection report for each unit of equipment, and all
14-21 applicable fees, [and a $20 filing fee for each report, plus $5 for
14-22 each elevator, escalator, or related equipment] not later than the
14-23 60th day after the date on which an inspection is made under this
14-24 subchapter;
14-25 (4) display the certificate of compliance or a copy of
14-26 the certificate:
15-1 (A) in each [the] elevator mechanical room if
15-2 the certificate relates to an elevator;
15-3 (B) in each [the] escalator box if the
15-4 certificate relates to an escalator; or
15-5 (C) in a place designated by rule if related to
15-6 equipment other than an elevator or escalator [the commissioner if
15-7 the certificate relates to related equipment]; and
15-8 (5) display the inspection report at the locations
15-9 designated in Subdivision (4) until a certificate of compliance is
15-10 issued [by the commissioner].
15-11 (b) When an inspection report is filed [with the
15-12 commissioner], the owner shall submit to the department, as
15-13 applicable [commissioner]:
15-14 (1) verification that any deficiencies in the
15-15 inspector's report have been remedied or that a bona fide contract
15-16 to remedy the deficiencies has been entered into; or
15-17 (2) any application for delay or waiver of an
15-18 applicable standard.
15-19 (c) [An inspection must be made not later than 18 months
15-20 after the previous calendar year's inspection. This subsection
15-21 does not affect the requirement that elevators, escalators, or
15-22 related equipment be inspected at least once each calendar year.]
15-23 [(d)] For the purpose of determining timely filing under
15-24 Subsection (a)(3) and Section 754.016(b) [Subsection (a)(3)], an
15-25 inspection report and filing fees [fee] are considered filed on the
15-26 date of postmark [mailing] by United States mail if properly
16-1 addressed to the department [commissioner].
16-2 (d) [(e) If the inspection report and fee required by
16-3 Subsection (a)(3) are not timely filed, the commissioner may charge
16-4 the owner of the real property on which the elevator, escalator, or
16-5 related equipment is located an additional $100 fee for late
16-6 filing.]
16-7 [(f) The commissioner may not require that an inspection
16-8 report or certificate of compliance be placed inside or immediately
16-9 outside an elevator cab or escalator or in the lobby or hallways of
16-10 a building.]
16-11 [(g)] A fee may not be charged or collected for a
16-12 certificate of compliance for an institution of higher education as
16-13 defined in Section 61.003, Education Code.
16-14 Sec. 754.020. CHIEF ELEVATOR INSPECTOR [DEPOSIT OF FEES].
16-15 The commissioner may appoint a chief elevator inspector to
16-16 administer the equipment inspection and registration program. The
16-17 chief elevator inspector:
16-18 (1) may not have a financial or commercial interest in
16-19 the manufacture, maintenance, repair, inspection, installation, or
16-20 sale of equipment; and
16-21 (2) must possess a QEI-1 certification or obtain the
16-22 certification within six months after becoming chief inspector.
16-23 [Fees collected under this subchapter shall be deposited to the
16-24 credit of an account in the general revenue fund that may be used
16-25 by the commissioner only to administer and enforce this subchapter
16-26 and to reimburse expenses of board members provided by this
17-1 subchapter.]
17-2 Sec. 754.021. LIST OF REGISTERED INSPECTORS AND CONTRACTORS;
17-3 PERSONNEL. The commissioner shall [may]:
17-4 (1) compile a list of [ASME-QEI-1] certified
17-5 inspectors and contractors who are registered with the department
17-6 [to perform an inspection under this subchapter]; and
17-7 (2) employ personnel who are [as] necessary to enforce
17-8 this subchapter.
17-9 Sec. 754.022. NOTICE OF NONCOMPLIANCE. If the department
17-10 [commissioner] learns of a situation of noncompliance under Section
17-11 754.019, the department [commissioner] shall send notice by
17-12 certified mail of the noncompliance and the actions required to
17-13 remedy the noncompliance to the record owner of the real property
17-14 on which the equipment that is the subject of the noncompliance is
17-15 located.
17-16 Sec. 754.023. INVESTIGATION; LICENSE PROCEEDINGS;
17-17 INJUNCTION; EMERGENCY ORDERS. (a) If there is good cause [for the
17-18 commissioner] to believe that [an elevator, an escalator, or
17-19 related] equipment on real property poses an imminent and
17-20 significant danger [is dangerous] or that an accident involving [an
17-21 elevator, an escalator, or related] equipment occurred on the
17-22 property and serious bodily injury or property damage resulted, a
17-23 department employee [the commissioner] may enter the property
17-24 during regular business hours after notice to the owner, operator,
17-25 or person in charge of the property to inspect the [elevator,
17-26 escalator, or related] equipment or investigate the danger or
18-1 accident at no cost to the owner.
18-2 (b) The department employee [commissioner] may enter real
18-3 property during regular business hours after notice to the owner,
18-4 operator, or person in charge of the property to verify, at no cost
18-5 to the owner, whether an inspection report or certificate of
18-6 compliance has been displayed as required under Section 754.019(a).
18-7 (c) The department [commissioner] may deny, suspend, or
18-8 revoke the registration of an [any ASME-QEI-1 certified] inspector
18-9 or contractor and may assess an administrative penalty for:
18-10 (1) obtaining a registration [with the commissioner]
18-11 by fraud or false representation;
18-12 (2) falsifying a [any inspection] report [submitted to
18-13 the commissioner]; or
18-14 (3) violating this subchapter or a rule adopted under
18-15 this subchapter.
18-16 (d) The commissioner is entitled to appropriate injunctive
18-17 relief to prevent a violation or threatened violation of this
18-18 subchapter or a rule adopted under this subchapter.
18-19 (e) The commissioner may bring suit in a district court in
18-20 Travis County or in the county in which the violation or threatened
18-21 violation occurs. If requested, the attorney general shall
18-22 represent the department and its personnel [commissioner] in the
18-23 suit.
18-24 (f) The commissioner may issue an emergency order as
18-25 necessary to enforce this subchapter if the commissioner determines
18-26 that an emergency exists requiring immediate action to protect the
19-1 public health and safety.
19-2 (g) The commissioner may issue an emergency order with
19-3 simultaneous notice and without hearing or with the notice and
19-4 opportunity for hearing practicable under the circumstances.
19-5 (h) If an emergency order is issued under this section
19-6 without a hearing, the commissioner shall set the time and place
19-7 for a hearing to affirm, modify, or set aside the emergency order
19-8 not later than the 10th day after the date the order was issued.
19-9 (i) An emergency order may direct a building owner or
19-10 manager to disconnect power to or lock out equipment if:
19-11 (1) the department determines imminent and significant
19-12 danger to passenger safety exists if action is not taken
19-13 immediately and reasonable effort has been made for voluntary
19-14 compliance by notification to the building owner or manager of the
19-15 danger before the issuance of an emergency order; or
19-16 (2) an annual inspection has not been performed in
19-17 more than two years and:
19-18 (A) the department gives the building owner or
19-19 manager, or the agent of the building owner or manager, 60 days'
19-20 written notice by certified mail directing the equipment to be
19-21 inspected according to this subchapter; and
19-22 (B) after the expiration of the notice period
19-23 under Paragraph (A), the department gives the building owner or
19-24 manager, or the agent of the building owner or manager, written
19-25 notice by certified mail stating that an order to disconnect power
19-26 or lock out equipment will be made after the seventh day after the
20-1 date notice is delivered.
20-2 (j) If an emergency order to disconnect power or lock out
20-3 equipment is issued, the building owner or manager may have the
20-4 power reconnected or the equipment unlocked only if:
20-5 (1) a registered inspector or contractor or a
20-6 department representative has filed a written form with the
20-7 department verifying the imminent and significant danger has been
20-8 removed by repair, replacement, or other means; and
20-9 (2) the building owner, before the reconnection of
20-10 power or unlocking of equipment, reimburses the department for all
20-11 expenses incurred relating to the disconnection of power or
20-12 lockout.
20-13 (k) The commissioner or the commissioner's designee may
20-14 allow delayed payment if the building owner or manager commits in
20-15 writing to pay the department for the expenses required by
20-16 Subsection (j) not later than the 10th day after the date power is
20-17 reconnected or equipment is unlocked.
20-18 (l) If an emergency order to disconnect power or lock out
20-19 equipment is issued and the building owner later notifies the
20-20 department that the imminent and significant danger no longer
20-21 exists, the commissioner or the commissioner's designee shall,
20-22 after the requirements of Subsection (j) are satisfied, promptly
20-23 issue written permission to reconnect power or unlock the equipment
20-24 and notify the owner.
20-25 Sec. 754.024. CRIMINAL PENALTY. (a) A person commits an
20-26 offense if the person receives notice of noncompliance under
21-1 Section 754.022 and the person has not remedied the noncompliance
21-2 or entered into a bona fide contract to remedy the noncompliance
21-3 before the 61st day after the date on which the notice is received.
21-4 (b) An offense under this section is a Class C misdemeanor.
21-5 (c) Each day of an offense under Subsection (a) constitutes
21-6 a separate offense.
21-7 SECTION 2. This Act takes effect September 1, 2001, except
21-8 that a contractor is not required to be registered under Section
21-9 754.0171, Health and Safety Code, as added by this Act, until
21-10 January 1, 2002.