By Carona S.B. No. 1198
77R6748 YDB-F
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 Code,
1-6 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
2-1 inspection performed within that period.
2-2 (5) "ASME Code A17.1" means the American Society of
2-3 Mechanical Engineers Safety Code for Elevators and Escalators
2-4 A17.1.
2-5 (6) [(2)] "ASME Code A17.3" means the 1994 American
2-6 Society of Mechanical Engineers Safety Code for Elevators and
2-7 Escalators A17.3.
2-8 (7) "ASME Code A18" means the American Society of
2-9 Mechanical Engineers Safety Code for Platform Lifts and Stairway
2-10 Chairlifts A18.
2-11 (8) [(3)] "Board" means the elevator advisory board.
2-12 (9) [(4)] "Commission" means the Texas Commission of
2-13 Licensing and Regulation.
2-14 (10) [(5)] "Commissioner" means the commissioner of
2-15 licensing and regulation.
2-16 (11) "Contractor" means a person engaged in the
2-17 installation, repair, or maintenance of equipment. The term does
2-18 not include a person engaged in cleaning, maintenance, repair,
2-19 replacement, or making a cosmetic change that does not affect the
2-20 operational safety of the equipment or diminish the safety of the
2-21 equipment below the level required by ASME Code A17.1, ASME Code
2-22 A17.3, or ASME Code A18, as applicable.
2-23 (12) [(6)] "Department" means the Texas Department of
2-24 Licensing and Regulation.
2-25 (13) "Equipment" means an elevator, escalator, or
2-26 moving sidewalk or related equipment.
2-27 (14) "Industrial facility" means a facility to which
3-1 access is primarily limited to employees of the facility because
3-2 the processes or functions of the facility are hazardous to human
3-3 safety or health.
3-4 (15) [(7)] "Qualified historic building or facility"
3-5 means a building or facility that is:
3-6 (A) listed in or eligible for listing in the
3-7 National Register of Historic Places; or
3-8 (B) designated as a Recorded Texas Historic
3-9 Landmark or State Archeological Landmark.
3-10 (16) [(8)] "Related equipment" means:
3-11 (A) automatic equipment that is used to move a
3-12 person in a manner that is similar to that of an elevator, an [or]
3-13 escalator, or [and includes] a moving sidewalk; and
3-14 (B) hoistways, pits, and machine rooms for
3-15 equipment.
3-16 (17) "Serious bodily injury" means a major impairment
3-17 to bodily function or serious dysfunction of any bodily organ or
3-18 part.
3-19 (18) "Unit of equipment" means one elevator,
3-20 escalator, or moving sidewalk or its related equipment.
3-21 Sec. 754.0111. EXEMPTION. (a) This subchapter does not
3-22 apply to [an elevator, escalator, or related] equipment in a
3-23 private building owned by [for] a labor union, trade association,
3-24 private club, or charitable organization that has two or fewer
3-25 floors.
3-26 (b) This subchapter does not apply to an elevator located in
3-27 a single-family dwelling.
4-1 Sec. 754.012. ELEVATOR ADVISORY BOARD. (a) The elevator
4-2 advisory board is composed of 12 [nine] members appointed by the
4-3 commissioner as follows:
4-4 (1) a representative of the insurance industry or a
4-5 certified elevator inspector;
4-6 (2) a representative of [elevator, escalator, and
4-7 related] equipment constructors;
4-8 (3) a representative of owners or managers of a
4-9 building [buildings] having fewer than six stories and having [an
4-10 elevator, an escalator, or related] equipment;
4-11 (4) a representative of owners or managers of a
4-12 building [buildings] having six stories or more and having [an
4-13 elevator, an escalator, or related] equipment;
4-14 (5) a representative of [independent elevator,
4-15 escalator, and related] equipment maintenance companies;
4-16 (6) a representative of [elevator, escalator, and
4-17 related] equipment manufacturers;
4-18 (7) a licensed or registered engineer or architect
4-19 [representative of professional engineers or architects];
4-20 (8) four [a] public members [member]; and
4-21 (9) a public member with a physical disability.
4-22 (b) Board members serve at the will of the commissioner.
4-23 (c) The commissioner shall appoint a presiding officer of
4-24 the board.
4-25 (d) The board shall meet at least twice each calendar year.
4-26 (e) A board member serves without compensation but is
4-27 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 may
5-27 not require sprinklers in an elevator hoistway, pit, or machine
6-1 room. The standards must allow alteration of existing equipment if
6-2 the alteration does not diminish the safety of the equipment below
6-3 the level required by 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
6-27 commissioner.
7-1 (f) The [On written request, the] commissioner shall grant a
7-2 delay until September 1, 2005, for compliance with the requirements
7-3 for door restrictors or firefighter's service in the [1994] ASME
7-4 Code A17.3 if those requirements were not included in the ASME Code
7-5 A17.1 that was in effect on the date of installation [of the
7-6 elevator, escalator, or related equipment] and the [that] equipment
7-7 was not subsequently installed [by an owner of the elevator,
7-8 escalator, or related equipment].
7-9 (g) The commissioner may grant a waiver of compliance from
7-10 an applicable code requirement [with the applicable ASME Code A17.1
7-11 or the 1994 ASME Code A17.3] if the commissioner finds that:
7-12 (1) the building in which the [elevator, escalator, or
7-13 related] equipment is located is a qualified historic building or
7-14 facility or the noncompliance is due to structural components of
7-15 the building; and
7-16 (2) noncompliance will not constitute a significant
7-17 threat to passenger safety.
7-18 (h) The commissioner shall grant a waiver of compliance if
7-19 the noncompliance resulted from compliance with a municipal
7-20 equipment construction code at the time of the original
7-21 installation and the noncompliance does not pose imminent and
7-22 significant danger. The commissioner may grant a waiver of
7-23 compliance with the firefighter's service provisions of the ASME
7-24 Code A17.1 or the [1994] ASME Code A17.3 in an elevator that
7-25 exclusively serves a vehicle parking garage in a building that:
7-26 (1) is used only for parking;
7-27 (2) is constructed of noncombustible materials; and
8-1 (3) is not greater than 75 feet in height.
8-2 (i) This subchapter does not apply to [an elevator, an
8-3 escalator, or related] equipment in an industrial facility, or in a
8-4 grain silo, radio antenna, bridge tower, underground facility, or
8-5 dam, to which access is limited principally to employees of or
8-6 working in that facility or structure.
8-7 (j) [The commissioner may charge a reasonable fee as set by
8-8 the commission for an application for waiver or delay.] One
8-9 application for a waiver or delay may contain all requests related
8-10 to a unit of equipment [particular building]. A delay may not be
8-11 granted indefinitely but must be granted for [to] a specified time
8-12 not to exceed three years.
8-13 (k) For purposes of this section, the date of installation
8-14 or alteration of equipment is the date that the owner of the real
8-15 property entered into a contract for the installation or alteration
8-16 of the [purchase of the elevators, escalators, or related]
8-17 equipment. If that date cannot be established, the date of
8-18 installation or alteration is the date of issuance of the municipal
8-19 building permit under which the [elevators, escalators, or related]
8-20 equipment was installed or altered [constructed] or, if a municipal
8-21 building permit was not issued, the date that electrical
8-22 consumption began for the construction of the building in which the
8-23 [elevators, escalators, or related] equipment was installed.
8-24 Sec. 754.015. RULES. (a) The commissioner by rule shall
8-25 provide for:
8-26 (1) an annual [the] inspection and certification of
8-27 the [once each calendar year of elevators, escalators, and related]
9-1 equipment covered by standards adopted under this subchapter;
9-2 (2) the enforcement of those standards;
9-3 (3) the registration [certification] of qualified
9-4 [persons as] inspectors and contractors [for the purposes of this
9-5 subchapter]; [and]
9-6 (4) the form of [the] inspection documents, contractor
9-7 reports, [report] and certificates [certificate] of compliance; and
9-8 (5) notification to building owners, architects, and
9-9 other building industry professionals regarding the necessity of
9-10 annually inspecting equipment.
9-11 (b) The commissioner by rule may not [require that]:
9-12 (1) require inspections of equipment to [inspection]
9-13 be made more often than every 12 months, except as provided by
9-14 Subsection (c) [once per year of elevators, escalators, and related
9-15 equipment];
9-16 (2) require persons to post a bond or furnish
9-17 insurance or to have minimum experience or education as a condition
9-18 of certification or registration; [and]
9-19 (3) require inspection reports or certificates of
9-20 compliance to be placed in locations other than one provided in
9-21 Section 754.019(a)(4);
9-22 (4) require building owners to submit to the
9-23 department proposed plans for equipment installation or alteration;
9-24 (5) prohibit an ASME-QEI-1 certified inspector who is
9-25 registered with the department from inspecting equipment; or
9-26 (6) require an inspection report or certificate of
9-27 compliance to be placed inside or immediately outside an elevator
10-1 cab or escalator or in the lobby or hallways of a building.
10-2 (c) The commissioner by rule may require a reinspection or
10-3 recertification of equipment if the equipment has been altered and
10-4 poses a significant threat to passenger safety or if an annual
10-5 inspection report indicates an existing violation has continued
10-6 longer than permitted in a delay granted by the commissioner.
10-7 (d) The commissioner by rule may charge a fee for:
10-8 (1) registering with the department as an inspector or
10-9 contractor, not to exceed $30;
10-10 (2) providing certified inspector educational courses,
10-11 not to exceed $50;
10-12 (3) applying for a certificate of compliance, not to
10-13 exceed $15 for each unit of equipment;
10-14 (4) filing an inspection report as required by Section
10-15 754.019(a)(3):
10-16 (A) not later than 60 days after the date the
10-17 report is due, not to exceed $10 for each full month the report is
10-18 past due; or
10-19 (B) 60 days or more after the date the report is
10-20 due, not to exceed $100 for each full month the report is past due;
10-21 and
10-22 (5) applying for a waiver or delay, not to exceed $100
10-23 for each violation [754.019(4)].
10-24 Sec. 754.016. INSPECTION DOCUMENTS [REPORT] AND CERTIFICATE
10-25 OF COMPLIANCE. (a) An inspection report and [a] certificate of
10-26 compliance required under this subchapter must cover each unit of
10-27 [all elevators, escalators, and related] equipment [in a building
11-1 or structure appurtenant to the building, including a parking
11-2 facility, that are owned by the same person or persons]. There
11-3 shall be separate [only one] inspection reports [report] and
11-4 certificates [one certificate] of compliance for each unit of
11-5 equipment [building].
11-6 (b) An inspector shall date and sign an inspection report
11-7 and shall issue the report to the building owner not later than the
11-8 10th calendar day after the date of inspection. [The inspection
11-9 report shall be on forms designated by the commissioner.]
11-10 (c) The commissioner shall [date and sign a certificate of
11-11 compliance and shall] issue a [the] certificate of compliance to
11-12 the building owner if an application is submitted by the building
11-13 owner with applicable fees and the application reflects that:
11-14 (1) the[. The certificate of compliance shall state
11-15 that the elevators, escalators, and related] equipment has [have]
11-16 been inspected by a certified inspector;
11-17 (2) the inspection report shows the equipment is [and
11-18 found by the inspector to be] in compliance with the requirements
11-19 of this chapter; and
11-20 (3) to the extent the report shows any noncompliance
11-21 that does not pose an imminent and significant danger, the building
11-22 owner:
11-23 (A) acknowledges the noncompliance will be
11-24 remedied within a reasonable period, not later than six months
11-25 following the date of the inspection report; or
11-26 (B) has been granted a waiver or delay for
11-27 compliance by the commissioner[, except for any delays or waivers
12-1 granted by the commissioner and stated in the certificate].
12-2 Sec. 754.017. CERTIFIED INSPECTORS. (a) In order to inspect
12-3 equipment, an individual must:
12-4 (1) be registered [An inspector must register] with
12-5 the department;
12-6 (2) attend educational courses as required by the
12-7 department;
12-8 (3) [and] be certified as a QEI-1 [an ASME-QEI-1]
12-9 inspector by an organization accredited by the American Society of
12-10 Mechanical Engineers; and
12-11 (4) pay all applicable registration fees. [Any
12-12 certification charges or fees shall be paid by the inspector.]
12-13 (b) [The commissioner may not by rule prohibit an ASME-QEI-1
12-14 certified inspector who is registered with the department from
12-15 inspecting under this subchapter an elevator, an escalator, or
12-16 related equipment.] A person assisting a certified inspector is
12-17 not required to be [ASME-QEI-1] certified.
12-18 (c) A registration expires on the first anniversary of the
12-19 date of issuance [The commissioner may charge a $15 fee to
12-20 certified inspectors for registering with the department].
12-21 Sec. 754.0171. CONTRACTOR REGISTRATION. (a) A person may
12-22 not install, repair, or maintain equipment without registering as a
12-23 contractor with the department as required by this subchapter.
12-24 (b) A contractor shall submit an application for
12-25 registration and pay appropriate fees to the department.
12-26 (c) A registration expires on the first anniversary of the
12-27 date of issuance.
13-1 (d) A contractor registered as required by this chapter
13-2 shall submit to the department a quarterly report containing:
13-3 (1) the street address of each building or location at
13-4 which the contractor performed installation, repair, alteration, or
13-5 maintenance of equipment; and
13-6 (2) the name and mailing address of the building
13-7 owner.
13-8 (e) Installation, repair, alteration, and maintenance
13-9 standards for contractors must be consistent with ASME Code A17.1,
13-10 ASME Code A17.3, and ASME Code A18.
13-11 Sec. 754.0172 [754.0171]. INSPECTION FEE. (a) A person
13-12 inspecting [an elevator, an escalator, or related] equipment under
13-13 this subchapter may not charge more than $65 per elevator cab or
13-14 per escalator for each inspection.
13-15 (b) The amount charged for an inspection or the performance
13-16 of an inspection of equipment under this chapter may not be
13-17 contingent on the existence of a maintenance contract between the
13-18 person performing the inspection and any other person.
13-19 Sec. 754.018. POWERS OF MUNICIPALITIES. (a) Subject to
13-20 Subsections (b) and (c) and Section 754.014(h), if [If] a
13-21 municipality operates a program for the installation, alteration,
13-22 inspection, or [and] certification of [elevators, escalators, and
13-23 related] equipment, this subchapter shall not apply to the
13-24 [elevators, escalators, and related] equipment in that
13-25 municipality, provided that the standards of installation,
13-26 alteration, inspection, and certification are at least equivalent
13-27 to [no less stringent than] those contained in this subchapter.
14-1 (b) A municipality may not require sprinklers in an elevator
14-2 hoistway, pit, or machine room.
14-3 (c) After January 1, 2010, a municipality may not operate a
14-4 program for installation, alteration, inspection, or certification
14-5 of equipment. A municipality may cease operation of a program for
14-6 installation, alteration, inspection, or certification sooner than
14-7 January 1, 2010. A municipality may not enforce a code or code
14-8 provision that is in conflict with or is less stringent than ASME
14-9 Code A17.1, ASME Code A17.3, and ASME Code A18.
14-10 Sec. 754.019. DUTIES OF REAL PROPERTY OWNERS. (a) The owner
14-11 of real property on which [an elevator, an escalator, or related]
14-12 equipment covered by this subchapter is located shall:
14-13 (1) have the [elevator, escalator, or related]
14-14 equipment inspected annually by a [an ASME-QEI-1] certified
14-15 inspector [in accordance with the commissioner's rules];
14-16 (2) obtain an inspection report from the inspector
14-17 evidencing that all [elevators, escalators, and related] equipment
14-18 in a building on the real property were inspected in accordance
14-19 with this subchapter and rules adopted under this subchapter;
14-20 (3) file with the department the [commissioner a copy
14-21 of each] inspection report for each unit of equipment, and all
14-22 applicable fees, [and a $20 filing fee for each report, plus $5 for
14-23 each elevator, escalator, or related equipment] not later than the
14-24 60th day after the date on which an inspection is made under this
14-25 subchapter;
14-26 (4) display the certificate of compliance or a copy of
14-27 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
15-27 addressed to the department [commissioner].
16-1 (d) [(e) If the inspection report and fee required by
16-2 Subsection (a)(3) are not timely filed, the commissioner may charge
16-3 the owner of the real property on which the elevator, escalator, or
16-4 related equipment is located an additional $100 fee for late
16-5 filing.]
16-6 [(f) The commissioner may not require that an inspection
16-7 report or certificate of compliance be placed inside or immediately
16-8 outside an elevator cab or escalator or in the lobby or hallways of
16-9 a building.]
16-10 [(g)] A fee may not be charged or collected for a
16-11 certificate of compliance for an institution of higher education as
16-12 defined in Section 61.003, Education Code.
16-13 Sec. 754.020. CHIEF ELEVATOR INSPECTOR [DEPOSIT OF FEES].
16-14 The commissioner may appoint a chief elevator inspector to
16-15 administer the equipment inspection and registration program. The
16-16 chief elevator inspector:
16-17 (1) may not have a financial or commercial interest in
16-18 the manufacture, maintenance, repair, inspection, installation, or
16-19 sale of equipment; and
16-20 (2) must possess a QEI-1 certification or obtain the
16-21 certification within six months after becoming chief inspector.
16-22 [Fees collected under this subchapter shall be deposited to the
16-23 credit of an account in the general revenue fund that may be used
16-24 by the commissioner only to administer and enforce this subchapter
16-25 and to reimburse expenses of board members provided by this
16-26 subchapter.]
16-27 Sec. 754.021. LIST OF REGISTERED INSPECTORS AND CONTRACTORS;
17-1 PERSONNEL. The commissioner shall [may]:
17-2 (1) compile a list of [ASME-QEI-1] certified
17-3 inspectors and contractors who are registered with the department
17-4 [to perform an inspection under this subchapter]; and
17-5 (2) employ personnel who are [as] necessary to enforce
17-6 this subchapter.
17-7 Sec. 754.022. NOTICE OF NONCOMPLIANCE. If the department
17-8 [commissioner] learns of a situation of noncompliance under Section
17-9 754.019, the department [commissioner] shall send notice by
17-10 certified mail of the noncompliance and the actions required to
17-11 remedy the noncompliance to the record owner of the real property
17-12 on which the equipment that is the subject of the noncompliance is
17-13 located.
17-14 Sec. 754.023. INVESTIGATION; LICENSE PROCEEDINGS;
17-15 INJUNCTION; EMERGENCY ORDERS. (a) If there is good cause [for the
17-16 commissioner] to believe that [an elevator, an escalator, or
17-17 related] equipment on real property poses an imminent and
17-18 significant danger [is dangerous] or that an accident involving [an
17-19 elevator, an escalator, or related] equipment occurred on the
17-20 property and serious bodily injury or property damage resulted, a
17-21 department employee [the commissioner] may enter the property
17-22 during regular business hours after notice to the owner, operator,
17-23 or person in charge of the property to inspect the [elevator,
17-24 escalator, or related] equipment or investigate the danger or
17-25 accident at no cost to the owner.
17-26 (b) The department employee [commissioner] may enter real
17-27 property during regular business hours after notice to the owner,
18-1 operator, or person in charge of the property to verify, at no cost
18-2 to the owner, whether an inspection report or certificate of
18-3 compliance has been displayed as required under Section 754.019(a).
18-4 (c) The department [commissioner] may deny, suspend, or
18-5 revoke the registration of an [any ASME-QEI-1 certified] inspector
18-6 or contractor and may assess an administrative penalty for:
18-7 (1) obtaining a registration [with the commissioner]
18-8 by fraud or false representation;
18-9 (2) falsifying a [any inspection] report [submitted to
18-10 the commissioner]; or
18-11 (3) violating this subchapter or a rule adopted under
18-12 this subchapter.
18-13 (d) The commissioner is entitled to appropriate injunctive
18-14 relief to prevent a violation or threatened violation of this
18-15 subchapter or a rule adopted under this subchapter.
18-16 (e) The commissioner may bring suit in a district court in
18-17 Travis County or in the county in which the violation or threatened
18-18 violation occurs. If requested, the attorney general shall
18-19 represent the department and its personnel [commissioner] in the
18-20 suit.
18-21 (f) The commissioner may issue an emergency order as
18-22 necessary to enforce this subchapter if the commissioner determines
18-23 that an emergency exists requiring immediate action to protect the
18-24 public health and safety.
18-25 (g) The commissioner may issue an emergency order with
18-26 simultaneous notice and without hearing or with the notice and
18-27 opportunity for hearing practicable under the circumstances.
19-1 (h) If an emergency order is issued under this section
19-2 without a hearing, the commissioner shall set the time and place
19-3 for a hearing to affirm, modify, or set aside the emergency order
19-4 not later than the 10th day after the date the order was issued.
19-5 (i) An emergency order may direct a building owner or
19-6 manager to disconnect power to or lock out equipment if:
19-7 (1) the department determines imminent and significant
19-8 danger to passenger safety exists if action is not taken
19-9 immediately and reasonable effort has been made for voluntary
19-10 compliance by notification to the building owner or manager of the
19-11 danger before the issuance of an emergency order; or
19-12 (2) an annual inspection has not been performed in
19-13 more than two years and:
19-14 (A) the department gives the building owner or
19-15 manager, or the agent of the building owner or manager, 60 days'
19-16 written notice by certified mail directing the equipment to be
19-17 inspected according to this subchapter; and
19-18 (B) after the expiration of the notice period
19-19 under Paragraph (A), the department gives the building owner or
19-20 manager, or the agent of the building owner or manager, written
19-21 notice by certified mail stating that an order to disconnect power
19-22 or lock out equipment will be made after the seventh day after the
19-23 date notice is delivered.
19-24 (j) If an emergency order to disconnect power or lock out
19-25 equipment is issued, the building owner or manager may have the
19-26 power reconnected or the equipment unlocked only if:
19-27 (1) a registered inspector or contractor or a
20-1 department representative has filed a written form with the
20-2 department verifying the imminent and significant danger has been
20-3 removed by repair, replacement, or other means; and
20-4 (2) the building owner, before the reconnection of
20-5 power or unlocking of equipment, reimburses the department for all
20-6 expenses incurred relating to the disconnection of power or
20-7 lockout.
20-8 (k) The commissioner or the commissioner's designee may
20-9 allow delayed payment if the building owner or manager commits in
20-10 writing to pay the department for the expenses required by
20-11 Subsection (j) not later than the 10th day after the date power is
20-12 reconnected or equipment is unlocked.
20-13 (l) If an emergency order to disconnect power or lock out
20-14 equipment is issued and the building owner later notifies the
20-15 department that the imminent and significant danger no longer
20-16 exists, the commissioner or the commissioner's designee shall,
20-17 after the requirements of Subsection (j) are satisfied, promptly
20-18 issue written permission to reconnect power or unlock the equipment
20-19 and notify the owner.
20-20 Sec. 754.024. CRIMINAL PENALTY. (a) A person commits an
20-21 offense if the person receives notice of noncompliance under
20-22 Section 754.022 and the person has not remedied the noncompliance
20-23 or entered into a bona fide contract to remedy the noncompliance
20-24 before the 61st day after the date on which the notice is received.
20-25 (b) An offense under this section is a Class C misdemeanor.
20-26 (c) Each day of an offense under Subsection (a) constitutes
20-27 a separate offense.
21-1 SECTION 2. This Act takes effect September 1, 2001, except
21-2 that a contractor is not required to be registered under Section
21-3 754.0171, Health and Safety Code, as added by this Act, until
21-4 January 1, 2002.