1-1 By: Carona S.B. No. 1198
1-2 (In the Senate - Filed March 7, 2001; March 8, 2001, read
1-3 first time and referred to Committee on Business and Commerce;
1-4 April 17, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; April 17, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1198 By: Carona
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to inspection of elevators, escalators, moving sidewalks,
1-11 and related equipment; providing an administrative penalty.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subchapter B, Chapter 754, Health and Safety
1-14 Code, is amended to read as follows:
1-15 SUBCHAPTER B. INSPECTION AND CERTIFICATION
1-16 Sec. 754.011. DEFINITIONS. In this subchapter:
1-17 (1) "Acceptance inspection" means an inspection
1-18 performed at the completion of the initial installation or
1-19 alteration of equipment and in accordance with the applicable ASME
1-20 Code A17.1.
1-21 (2) "Accident" means an event involving equipment that
1-22 results in serious bodily injury to a person or in damage to the
1-23 equipment.
1-24 (3) "Alteration" means a change in or modernization of
1-25 existing equipment. The term does not include maintenance, repair,
1-26 replacement, or a cosmetic change that does not affect the
1-27 operational safety of the equipment or diminish the safety of the
1-28 equipment below the level required by ASME Code A17.3 or ASME Code
1-29 A17.1, as applicable, at the time of alteration.
1-30 (4) "Annual inspection" means an inspection of
1-31 equipment performed in a 12-month period in accordance with the
1-32 applicable ASME Code A17.1. The term includes an acceptance
1-33 inspection performed within that period.
1-34 (5) "ASME Code A17.1" means the American Society of
1-35 Mechanical Engineers Safety Code for Elevators and Escalators
1-36 A17.1.
1-37 (6) [(2)] "ASME Code A17.3" means the 1994 American
1-38 Society of Mechanical Engineers Safety Code for Elevators and
1-39 Escalators A17.3.
1-40 (7) "ASME Code A18" means the American Society of
1-41 Mechanical Engineers Safety Code for Platform Lifts and Stairway
1-42 Chairlifts A18.
1-43 (8) [(3)] "Board" means the elevator advisory board.
1-44 (9) [(4)] "Commission" means the Texas Commission of
1-45 Licensing and Regulation.
1-46 (10) [(5)] "Commissioner" means the commissioner of
1-47 licensing and regulation.
1-48 (11) "Contractor" means a person engaged in the
1-49 installation, repair, or maintenance of equipment. The term does
1-50 not include a person engaged in cleaning, maintenance, repair,
1-51 replacement, or making a cosmetic change that does not affect the
1-52 operational safety of the equipment or diminish the safety of the
1-53 equipment below the level required by ASME Code A17.1, ASME Code
1-54 A17.3, or ASME Code A18, as applicable.
1-55 (12) [(6)] "Department" means the Texas Department of
1-56 Licensing and Regulation.
1-57 (13) "Equipment" means an elevator, escalator, or
1-58 moving sidewalk or related equipment.
1-59 (14) "Industrial facility" means a facility to which
1-60 access is primarily limited to employees of the facility.
1-61 (15) [(7)] "Qualified historic building or facility"
1-62 means a building or facility that is:
1-63 (A) listed in or eligible for listing in the
1-64 National Register of Historic Places; or
2-1 (B) designated as a Recorded Texas Historic
2-2 Landmark or State Archeological Landmark.
2-3 (16) [(8)] "Related equipment" means:
2-4 (A) automatic equipment that is used to move a
2-5 person in a manner that is similar to that of an elevator, an [or]
2-6 escalator, or [and includes] a moving sidewalk; and
2-7 (B) hoistways, pits, and machine rooms for
2-8 equipment.
2-9 (17) "Serious bodily injury" means a major impairment
2-10 to bodily function or serious dysfunction of any bodily organ or
2-11 part.
2-12 (18) "Unit of equipment" means one elevator,
2-13 escalator, or moving sidewalk or its related equipment.
2-14 Sec. 754.0111. EXEMPTION. (a) This subchapter does not
2-15 apply to [an elevator, escalator, or related] equipment in a
2-16 private building owned by [for] a labor union, trade association,
2-17 private club, or charitable organization that has two or fewer
2-18 floors.
2-19 (b) This subchapter does not apply to an elevator located in
2-20 a single-family dwelling.
2-21 Sec. 754.012. ELEVATOR ADVISORY BOARD. (a) The elevator
2-22 advisory board is composed of 12 [nine] members appointed by the
2-23 commissioner as follows:
2-24 (1) a representative of the insurance industry or a
2-25 certified elevator inspector;
2-26 (2) a representative of [elevator, escalator, and
2-27 related] equipment constructors;
2-28 (3) a representative of owners or managers of a
2-29 building [buildings] having fewer than six stories and having [an
2-30 elevator, an escalator, or related] equipment;
2-31 (4) a representative of owners or managers of a
2-32 building [buildings] having six stories or more and having [an
2-33 elevator, an escalator, or related] equipment;
2-34 (5) a representative of [independent elevator,
2-35 escalator, and related] equipment maintenance companies;
2-36 (6) a representative of [elevator, escalator, and
2-37 related] equipment manufacturers;
2-38 (7) a licensed or registered engineer or architect
2-39 [representative of professional engineers or architects];
2-40 (8) four [a] public members [member]; and
2-41 (9) a public member with a physical disability.
2-42 (b) Board members serve at the will of the commissioner.
2-43 (c) The commissioner shall appoint a presiding officer of
2-44 the board.
2-45 (d) The board shall meet at least twice each calendar year.
2-46 (e) A board member serves without compensation but is
2-47 entitled to reimbursement for travel as provided for in the General
2-48 Appropriations Act [and other necessary expenses incurred in
2-49 performing duties under this subchapter].
2-50 Sec. 754.013. BOARD DUTIES. To protect public safety and to
2-51 identify and correct potential hazards, the board shall advise the
2-52 commissioner on:
2-53 (1) the adoption of appropriate standards for the
2-54 installation, alteration, operation, and inspection of [elevators,
2-55 escalators, and related] equipment;
2-56 (2) the status of [elevators, escalators, and related]
2-57 equipment used by the public in this state; and
2-58 (3) any other matter considered relevant by the
2-59 commissioner.
2-60 Sec. 754.014. STANDARDS ADOPTED BY COMMISSIONER. (a) The
2-61 commissioner shall adopt standards for the installation,
2-62 alteration, operation, and inspection of [elevators, escalators,
2-63 and related] equipment used by the public in:
2-64 (1) buildings owned or operated by the state, a
2-65 state-owned institution or agency, or a political subdivision of
2-66 the state; and
2-67 (2) buildings that contain [an elevator, an escalator,
2-68 or related] equipment that is open to the general public, including
2-69 a hotel, motel, apartment house, boardinghouse, church, office
3-1 building, shopping center, or other commercial establishment.
3-2 (b) Standards adopted by the commissioner may not contain
3-3 requirements in addition to the requirements in the ASME Code
3-4 A17.1, [or] ASME Code A17.3, or ASME Code A18. The standards must
3-5 allow alteration of existing equipment if the alteration does not
3-6 diminish the safety of the equipment below the level required by
3-7 this subchapter at the time of alteration.
3-8 (c) Standards adopted by the commissioner must require
3-9 [elevators, escalators, and related] equipment to comply with the
3-10 installation requirements of the [following, whichever is the least
3-11 restrictive:]
3-12 [(1) the] ASME Code A17.1 or ASME Code A18 that was in
3-13 effect and applicable on the date of installation of the
3-14 [elevators, escalators, and related] equipment[; or]
3-15 [(2) an applicable municipal ordinance governing the
3-16 installation of elevators, escalators, and related equipment that
3-17 was in effect on the date of installation].
3-18 (d) Standards adopted by the commissioner must require
3-19 [elevators, escalators, and related] equipment to comply with the
3-20 installation requirements of the [1994] ASME Code A17.3 that
3-21 contains minimum safety standards for all [elevators, escalators,
3-22 and related] equipment, regardless of the date of installation.
3-23 (e) The [On written request, the] commissioner shall grant a
3-24 delay for compliance with the applicable ASME Code A17.1, [or the
3-25 1994] ASME Code A17.3, or ASME Code A18 until a specified time if
3-26 compliance is not readily achievable, as that phrase is defined in
3-27 the Americans with Disabilities Act (42 U.S.C. Section 12101 et
3-28 seq.), or regulations adopted under that Act. The accumulated
3-29 total time of all delays may not exceed three years except as
3-30 provided by Subsection (f) or as allowed in the discretion of the
3-31 commissioner.
3-32 (f) The [On written request, the] commissioner shall grant a
3-33 delay until September 1, 2005, for compliance with the requirements
3-34 for door restrictors or firefighter's service in the [1994] ASME
3-35 Code A17.3 if those requirements were not included in the ASME Code
3-36 A17.1 that was in effect on the date of installation [of the
3-37 elevator, escalator, or related equipment] and the [that] equipment
3-38 was not subsequently installed [by an owner of the elevator,
3-39 escalator, or related equipment].
3-40 (g) The commissioner may grant a waiver of compliance from
3-41 an applicable code requirement [with the applicable ASME Code A17.1
3-42 or the 1994 ASME Code A17.3] if the commissioner finds that:
3-43 (1) the building in which the [elevator, escalator, or
3-44 related] equipment is located is a qualified historic building or
3-45 facility or the noncompliance is due to structural components of
3-46 the building; and
3-47 (2) noncompliance will not constitute a significant
3-48 threat to passenger safety.
3-49 (h) The commissioner shall grant a waiver of compliance if
3-50 the noncompliance resulted from compliance with a municipal
3-51 equipment construction code at the time of the original
3-52 installation and the noncompliance does not pose imminent and
3-53 significant danger. The commissioner may grant a waiver of
3-54 compliance with the firefighter's service provisions of the ASME
3-55 Code A17.1 or the [1994] ASME Code A17.3 in an elevator that
3-56 exclusively serves a vehicle parking garage in a building that:
3-57 (1) is used only for parking;
3-58 (2) is constructed of noncombustible materials; and
3-59 (3) is not greater than 75 feet in height.
3-60 (i) This subchapter does not apply to [an elevator, an
3-61 escalator, or related] equipment in an industrial facility, or in a
3-62 grain silo, radio antenna, bridge tower, underground facility, or
3-63 dam, to which access is limited principally to employees of or
3-64 working in that facility or structure.
3-65 (j) [The commissioner may charge a reasonable fee as set by
3-66 the commission for an application for waiver or delay.] One
3-67 application for a waiver or delay may contain all requests related
3-68 to a unit of equipment [particular building]. A delay may not be
3-69 granted indefinitely but must be granted for [to] a specified time
4-1 not to exceed three years.
4-2 (k) For purposes of this section, the date of installation
4-3 or alteration of equipment is the date that the owner of the real
4-4 property entered into a contract for the installation or alteration
4-5 of the [purchase of the elevators, escalators, or related]
4-6 equipment. If that date cannot be established, the date of
4-7 installation or alteration is the date of issuance of the municipal
4-8 building permit under which the [elevators, escalators, or related]
4-9 equipment was installed or altered [constructed] or, if a municipal
4-10 building permit was not issued, the date that electrical
4-11 consumption began for the construction of the building in which the
4-12 [elevators, escalators, or related] equipment was installed.
4-13 Sec. 754.015. RULES. (a) The commissioner by rule shall
4-14 provide for:
4-15 (1) an annual [the] inspection and certification of
4-16 the [once each calendar year of elevators, escalators, and related]
4-17 equipment covered by standards adopted under this subchapter;
4-18 (2) the enforcement of those standards;
4-19 (3) the registration [certification] of qualified
4-20 [persons as] inspectors and contractors [for the purposes of this
4-21 subchapter]; [and]
4-22 (4) the form of [the] inspection documents, contractor
4-23 reports, [report] and certificates [certificate] of compliance; and
4-24 (5) notification to building owners, architects, and
4-25 other building industry professionals regarding the necessity of
4-26 annually inspecting equipment.
4-27 (b) The commissioner by rule may not [require that]:
4-28 (1) require inspections of equipment to [inspection]
4-29 be made more often than every 12 months, except as provided by
4-30 Subsection (c) [once per year of elevators, escalators, and related
4-31 equipment];
4-32 (2) require persons to post a bond or furnish
4-33 insurance or to have minimum experience or education as a condition
4-34 of certification or registration; [and]
4-35 (3) require inspection reports or certificates of
4-36 compliance to be placed in locations other than one provided in
4-37 Section 754.019(a)(4);
4-38 (4) require building owners to submit to the
4-39 department proposed plans for equipment installation or alteration;
4-40 (5) prohibit a QEI-1 certified inspector who is
4-41 registered with the department from inspecting equipment; or
4-42 (6) require an inspection report or certificate of
4-43 compliance to be placed inside or immediately outside an elevator
4-44 cab or escalator or in the lobby or hallways of a building.
4-45 (c) The commissioner by rule may require a reinspection or
4-46 recertification of equipment if the equipment has been altered and
4-47 poses a significant threat to passenger safety or if an annual
4-48 inspection report indicates an existing violation has continued
4-49 longer than permitted in a delay granted by the commissioner.
4-50 (d) The commissioner by rule may charge a fee for:
4-51 (1) registering with the department as an inspector or
4-52 contractor, not to exceed $30;
4-53 (2) providing certified inspector educational courses,
4-54 not to exceed $50;
4-55 (3) applying for a certificate of compliance, not to
4-56 exceed $15 for each unit of equipment;
4-57 (4) filing an inspection report as required by Section
4-58 754.019(a)(3):
4-59 (A) not later than 60 days after the date the
4-60 report is due, not to exceed $10 for each full month the report is
4-61 past due; or
4-62 (B) 60 days or more after the date the report is
4-63 due, not to exceed $100 for each full month the report is past due;
4-64 and
4-65 (5) applying for a waiver or delay, not to exceed $100
4-66 for each violation [754.019(4)].
4-67 Sec. 754.016. INSPECTION DOCUMENTS [REPORT] AND CERTIFICATE
4-68 OF COMPLIANCE. (a) An inspection report and [a] certificate of
4-69 compliance required under this subchapter must cover each unit of
5-1 [all elevators, escalators, and related] equipment [in a building
5-2 or structure appurtenant to the building, including a parking
5-3 facility, that are owned by the same person or persons]. There
5-4 shall be separate [only one] inspection reports [report] and
5-5 certificates [one certificate] of compliance for each unit of
5-6 equipment [building].
5-7 (b) An inspector shall date and sign an inspection report
5-8 and shall issue the report to the building owner not later than the
5-9 10th calendar day after the date of inspection. [The inspection
5-10 report shall be on forms designated by the commissioner.]
5-11 (c) The commissioner shall [date and sign a certificate of
5-12 compliance and shall] issue a [the] certificate of compliance to
5-13 the building owner if an application is submitted by the building
5-14 owner with applicable fees and the application reflects that:
5-15 (1) the[. The certificate of compliance shall state
5-16 that the elevators, escalators, and related] equipment has [have]
5-17 been inspected by a certified inspector;
5-18 (2) the inspection report shows the equipment is [and
5-19 found by the inspector to be] in compliance with the requirements
5-20 of this chapter; and
5-21 (3) to the extent the report shows any noncompliance
5-22 that does not pose an imminent and significant danger, the building
5-23 owner:
5-24 (A) acknowledges the noncompliance will be
5-25 remedied within a reasonable period, not later than six months
5-26 following the date of the inspection report; or
5-27 (B) has been granted a waiver or delay for
5-28 compliance by the commissioner[, except for any delays or waivers
5-29 granted by the commissioner and stated in the certificate].
5-30 Sec. 754.017. CERTIFIED INSPECTORS. (a) In order to
5-31 inspect equipment, an individual must:
5-32 (1) be registered [An inspector must register] with
5-33 the department;
5-34 (2) attend educational courses as required by the
5-35 department;
5-36 (3) [and] be certified as a QEI-1 [an ASME-QEI-1]
5-37 inspector by an organization accredited by the American Society of
5-38 Mechanical Engineers; and
5-39 (4) pay all applicable registration fees. [Any
5-40 certification charges or fees shall be paid by the inspector.]
5-41 (b) [The commissioner may not by rule prohibit an ASME-QEI-1
5-42 certified inspector who is registered with the department from
5-43 inspecting under this subchapter an elevator, an escalator, or
5-44 related equipment.] A person assisting a certified inspector is
5-45 not required to be [ASME-QEI-1] certified.
5-46 (c) A registration expires on the first anniversary of the
5-47 date of issuance [The commissioner may charge a $15 fee to
5-48 certified inspectors for registering with the department].
5-49 Sec. 754.0171. CONTRACTOR REGISTRATION. (a) A person may
5-50 not install, repair, or maintain equipment without registering as a
5-51 contractor with the department as required by this subchapter.
5-52 (b) A contractor shall submit an application for
5-53 registration and pay appropriate fees to the department.
5-54 (c) A registration expires on the first anniversary of the
5-55 date of issuance.
5-56 (d) A contractor registered as required by this chapter
5-57 shall submit to the department a quarterly report containing:
5-58 (1) the street address of each building or location at
5-59 which the contractor performed installation, repair, alteration, or
5-60 maintenance of equipment; and
5-61 (2) the name and mailing address of the building
5-62 owner.
5-63 (e) Installation, repair, alteration, and maintenance
5-64 standards for contractors must be consistent with ASME Code A17.1,
5-65 ASME Code A17.3, and ASME Code A18.
5-66 Sec. 754.0172 [754.0171]. INSPECTION FEE. (a) A person
5-67 inspecting [an elevator, an escalator, or related] equipment under
5-68 this subchapter may not charge more than $65 per elevator cab or
5-69 per escalator for each inspection.
6-1 (b) The amount charged for an inspection or the performance
6-2 of an inspection of equipment under this chapter may not be
6-3 contingent on the existence of a maintenance contract between the
6-4 person performing the inspection and any other person.
6-5 Sec. 754.018. POWERS OF MUNICIPALITIES. Subject to Section
6-6 754.014(h), if [If] a municipality operates a program for the
6-7 installation, alteration, inspection, or [and] certification of
6-8 [elevators, escalators, and related] equipment, this subchapter
6-9 shall not apply to the [elevators, escalators, and related]
6-10 equipment in that municipality, provided that the standards of
6-11 installation, alteration, inspection, and certification are at
6-12 least equivalent to [no less stringent than] those contained in
6-13 this subchapter.
6-14 Sec. 754.019. DUTIES OF REAL PROPERTY OWNERS. (a) The
6-15 owner of real property on which [an elevator, an escalator, or
6-16 related] equipment covered by this subchapter is located shall:
6-17 (1) have the [elevator, escalator, or related]
6-18 equipment inspected annually by a [an ASME-QEI-1] certified
6-19 inspector [in accordance with the commissioner's rules];
6-20 (2) obtain an inspection report from the inspector
6-21 evidencing that all [elevators, escalators, and related] equipment
6-22 in a building on the real property were inspected in accordance
6-23 with this subchapter and rules adopted under this subchapter;
6-24 (3) file with the department the [commissioner a copy
6-25 of each] inspection report for each unit of equipment, and all
6-26 applicable fees, [and a $20 filing fee for each report, plus $5 for
6-27 each elevator, escalator, or related equipment] not later than the
6-28 60th day after the date on which an inspection is made under this
6-29 subchapter;
6-30 (4) display the certificate of compliance or a copy of
6-31 the certificate:
6-32 (A) in each [the] elevator mechanical room if
6-33 the certificate relates to an elevator;
6-34 (B) in each [the] escalator box if the
6-35 certificate relates to an escalator; or
6-36 (C) in a place designated by rule if related to
6-37 equipment other than an elevator or escalator [the commissioner if
6-38 the certificate relates to related equipment]; and
6-39 (5) display the inspection report at the locations
6-40 designated in Subdivision (4) until a certificate of compliance is
6-41 issued [by the commissioner].
6-42 (b) When an inspection report is filed [with the
6-43 commissioner], the owner shall submit to the department, as
6-44 applicable [commissioner]:
6-45 (1) verification that any deficiencies in the
6-46 inspector's report have been remedied or that a bona fide contract
6-47 to remedy the deficiencies has been entered into; or
6-48 (2) any application for delay or waiver of an
6-49 applicable standard.
6-50 (c) [An inspection must be made not later than 18 months
6-51 after the previous calendar year's inspection. This subsection
6-52 does not affect the requirement that elevators, escalators, or
6-53 related equipment be inspected at least once each calendar year.]
6-54 [(d)] For the purpose of determining timely filing under
6-55 Subsection (a)(3) and Section 754.016(b) [Subsection (a)(3)], an
6-56 inspection report and filing fees [fee] are considered filed on the
6-57 date of postmark [mailing] by United States mail if properly
6-58 addressed to the department [commissioner].
6-59 (d) [(e) If the inspection report and fee required by
6-60 Subsection (a)(3) are not timely filed, the commissioner may charge
6-61 the owner of the real property on which the elevator, escalator, or
6-62 related equipment is located an additional $100 fee for late
6-63 filing.]
6-64 [(f) The commissioner may not require that an inspection
6-65 report or certificate of compliance be placed inside or immediately
6-66 outside an elevator cab or escalator or in the lobby or hallways of
6-67 a building.]
6-68 [(g)] A fee may not be charged or collected for a
6-69 certificate of compliance for an institution of higher education as
7-1 defined in Section 61.003, Education Code.
7-2 Sec. 754.020. CHIEF ELEVATOR INSPECTOR [DEPOSIT OF FEES].
7-3 The commissioner may appoint a chief elevator inspector to
7-4 administer the equipment inspection and registration program. The
7-5 chief elevator inspector:
7-6 (1) may not have a financial or commercial interest in
7-7 the manufacture, maintenance, repair, inspection, installation, or
7-8 sale of equipment; and
7-9 (2) must possess a QEI-1 certification or obtain the
7-10 certification within six months after becoming chief inspector.
7-11 [Fees collected under this subchapter shall be deposited to the
7-12 credit of an account in the general revenue fund that may be used
7-13 by the commissioner only to administer and enforce this subchapter
7-14 and to reimburse expenses of board members provided by this
7-15 subchapter.]
7-16 Sec. 754.021. LIST OF REGISTERED INSPECTORS AND CONTRACTORS;
7-17 PERSONNEL. The commissioner shall [may]:
7-18 (1) compile a list of [ASME-QEI-1] certified
7-19 inspectors and contractors who are registered with the department
7-20 [to perform an inspection under this subchapter]; and
7-21 (2) employ personnel who are [as] necessary to enforce
7-22 this subchapter.
7-23 Sec. 754.022. NOTICE OF NONCOMPLIANCE. If the department
7-24 [commissioner] learns of a situation of noncompliance under Section
7-25 754.019, the department [commissioner] shall send notice by
7-26 certified mail of the noncompliance and the actions required to
7-27 remedy the noncompliance to the record owner of the real property
7-28 on which the equipment that is the subject of the noncompliance is
7-29 located.
7-30 Sec. 754.023. INVESTIGATION; LICENSE PROCEEDINGS;
7-31 INJUNCTION; EMERGENCY ORDERS. (a) If there is good cause [for the
7-32 commissioner] to believe that [an elevator, an escalator, or
7-33 related] equipment on real property poses an imminent and
7-34 significant danger [is dangerous] or that an accident involving [an
7-35 elevator, an escalator, or related] equipment occurred on the
7-36 property and serious bodily injury or property damage resulted, a
7-37 department employee [the commissioner] may enter the property
7-38 during regular business hours after notice to the owner, operator,
7-39 or person in charge of the property to inspect the [elevator,
7-40 escalator, or related] equipment or investigate the danger or
7-41 accident at no cost to the owner.
7-42 (b) The department employee [commissioner] may enter real
7-43 property during regular business hours after notice to the owner,
7-44 operator, or person in charge of the property to verify, at no cost
7-45 to the owner, whether an inspection report or certificate of
7-46 compliance has been displayed as required under Section 754.019(a).
7-47 (c) The department [commissioner] may deny, suspend, or
7-48 revoke the registration of an [any ASME-QEI-1 certified] inspector
7-49 or contractor and may assess an administrative penalty for:
7-50 (1) obtaining a registration [with the commissioner]
7-51 by fraud or false representation;
7-52 (2) falsifying a [any inspection] report [submitted to
7-53 the commissioner]; or
7-54 (3) violating this subchapter or a rule adopted under
7-55 this subchapter.
7-56 (d) The commissioner is entitled to appropriate injunctive
7-57 relief to prevent a violation or threatened violation of this
7-58 subchapter or a rule adopted under this subchapter.
7-59 (e) The commissioner may bring suit in a district court in
7-60 Travis County or in the county in which the violation or threatened
7-61 violation occurs. If requested, the attorney general shall
7-62 represent the department and its personnel [commissioner] in the
7-63 suit.
7-64 (f) The commissioner may issue an emergency order as
7-65 necessary to enforce this subchapter if the commissioner determines
7-66 that an emergency exists requiring immediate action to protect the
7-67 public health and safety.
7-68 (g) The commissioner may issue an emergency order with
7-69 simultaneous notice and without hearing or with the notice and
8-1 opportunity for hearing practicable under the circumstances.
8-2 (h) If an emergency order is issued under this section
8-3 without a hearing, the commissioner shall set the time and place
8-4 for a hearing to affirm, modify, or set aside the emergency order
8-5 not later than the 10th day after the date the order was issued.
8-6 (i) An emergency order may direct a building owner or
8-7 manager to disconnect power to or lock out equipment if:
8-8 (1) the department determines imminent and significant
8-9 danger to passenger safety exists if action is not taken
8-10 immediately and reasonable effort has been made for voluntary
8-11 compliance by notification to the building owner or manager of the
8-12 danger before the issuance of an emergency order; or
8-13 (2) an annual inspection has not been performed in
8-14 more than two years and:
8-15 (A) the department gives the building owner or
8-16 manager, or the agent of the building owner or manager, 60 days'
8-17 written notice by certified mail directing the equipment to be
8-18 inspected according to this subchapter; and
8-19 (B) after the expiration of the notice period
8-20 under Paragraph (A), the department gives the building owner or
8-21 manager, or the agent of the building owner or manager, written
8-22 notice by certified mail stating that an order to disconnect power
8-23 or lock out equipment will be made after the seventh day after the
8-24 date notice is delivered.
8-25 (j) If an emergency order to disconnect power or lock out
8-26 equipment is issued, the building owner or manager may have the
8-27 power reconnected or the equipment unlocked only if:
8-28 (1) a registered inspector or contractor or a
8-29 department representative has filed a written form with the
8-30 department verifying the imminent and significant danger has been
8-31 removed by repair, replacement, or other means; and
8-32 (2) the building owner, before the reconnection of
8-33 power or unlocking of equipment, reimburses the department for all
8-34 expenses incurred relating to the disconnection of power or
8-35 lockout.
8-36 (k) The commissioner or the commissioner's designee may
8-37 allow delayed payment if the building owner or manager commits in
8-38 writing to pay the department for the expenses required by
8-39 Subsection (j) not later than the 10th day after the date power is
8-40 reconnected or equipment is unlocked.
8-41 (l) If an emergency order to disconnect power or lock out
8-42 equipment is issued and the building owner later notifies the
8-43 department that the imminent and significant danger no longer
8-44 exists, the commissioner or the commissioner's designee shall,
8-45 after the requirements of Subsection (j) are satisfied, promptly
8-46 issue written permission to reconnect power or unlock the equipment
8-47 and notify the owner.
8-48 Sec. 754.024. CRIMINAL PENALTY. (a) A person commits an
8-49 offense if the person receives notice of noncompliance under
8-50 Section 754.022 and the person has not remedied the noncompliance
8-51 or entered into a bona fide contract to remedy the noncompliance
8-52 before the 61st day after the date on which the notice is received.
8-53 (b) An offense under this section is a Class C misdemeanor.
8-54 (c) Each day of an offense under Subsection (a) constitutes
8-55 a separate offense.
8-56 SECTION 2. This Act takes effect September 1, 2001, except
8-57 that a contractor is not required to be registered under Section
8-58 754.0171, Health and Safety Code, as added by this Act, until
8-59 January 1, 2002.
8-60 * * * * *