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Amend CSSB 279 by striking Article 11 of the bill (Senate
committee printing, page 22, line 3, through page 26, line 23) and
substituting the following:
ARTICLE 11. ELEVATORS, ESCALATORS,
AND RELATED EQUIPMENT
SECTION 11.01. Subchapter B, Chapter 754, Health and Safety
Code, is amended to read as follows:
SUBCHAPTER B. INSPECTION, [AND]
CERTIFICATION, AND REGISTRATION
Sec. 754.011. DEFINITIONS. In this subchapter:
(1) "Acceptance inspection" means an inspection
performed at the completion of the initial installation or
alteration of equipment and in accordance with the applicable ASME
Code A17.1.
(2) "Accident" means an event involving equipment that
results in death or serious bodily injury to a person.
(3) "Alteration" means a change in or modernization of
existing equipment. The term does not include maintenance, repair,
replacement, or a cosmetic change that does not affect the
operational safety of the equipment or diminish the safety of the
equipment below the level required by the ASME Code A17.1, ASME Code
A17.3, ASME Code A18.1, or ASCE Code 21, as applicable, at the time
of alteration.
(4) "Annual inspection" means an inspection of
equipment performed in a 12-month period in accordance with the
applicable ASME Code A17.1, ASME Code A17.3, ASME Code A18.1, or
ASCE Code 21. The term includes an acceptance inspection performed
within that period.
(5) "ASCE Code 21" means the American Society of Civil
Engineers Code 21 for people movers operated by cables.
(6) "ASME Code A17.1" means the American Society of
Mechanical Engineers Safety Code for Elevators and Escalators
A17.1.
(6-a) "Executive director" means the executive
director of the department.
(7) [(2)] "ASME Code A17.3" means the 2002 American
Society of Mechanical Engineers Safety Code for Elevators and
Escalators A17.3.
(8) "ASME Code A18.1" means the American Society of
Mechanical Engineers Safety Code for Platform Lifts and Stairway
Chairlifts A18.1.
(9) [(3)] "Board" means the elevator advisory board.
(10) [(4)] "Commission" means the Texas Commission of
Licensing and Regulation.
(11) [(5)] "Commissioner" means the commissioner of
licensing and regulation.
(12) "Contractor" means a person engaged in the
installation, repair, or maintenance of equipment. The term does
not include an employee of a contractor or a person engaged in
cleaning or any other work performed on equipment that does not
affect the operational safety of the equipment or diminish the
safety of the equipment below the level required by the ASME Code
A17.1, ASME Code A17.3, ASME Code A18.1, or ASCE Code 21, as
applicable.
(13) [(6)] "Department" means the Texas Department of
Licensing and Regulation.
(14) "Equipment" means an elevator, escalator,
chairlift, platform lift, automated people mover operated by
cables, or moving sidewalk, or related equipment.
(15) "Industrial facility" means a facility to which
access is primarily limited to employees or contractors working in
that facility.
(16) [(7)] "Qualified historic building or facility"
means a building or facility that is:
(A) listed in or eligible for listing in the
National Register of Historic Places; or
(B) designated as a Recorded Texas Historic
Landmark or State Archeological Landmark.
(17) [(8)] "Related equipment" means:
(A) automatic equipment that is used to move a
person in a manner that is similar to that of an elevator, an [or]
escalator, a chairlift, a platform lift, an automated people mover
operated by cables, or [and includes] a moving sidewalk; and
(B) hoistways, pits, and machine rooms for
equipment.
(18) "Serious bodily injury" means a major impairment
to bodily function or serious dysfunction of any bodily organ or
part requiring medical attention.
(19) "Unit of equipment" means one elevator,
escalator, chairlift, platform lift, automated people mover
operated by cables, or moving sidewalk, or related equipment.
Sec. 754.0111. EXEMPTION. (a) This subchapter does not
apply to [an elevator, escalator, or related] equipment in a
private building for a labor union, trade association, private
club, or charitable organization that has two or fewer floors.
(b) This subchapter does not apply to an elevator located in
a single-family dwelling, except as provided by Section 754.0141.
Sec. 754.012. ELEVATOR ADVISORY BOARD. (a) The elevator
advisory board is composed of nine members appointed by the
presiding officer of the commission, with the commission's
approval, [commissioner] as follows:
(1) a representative of the insurance industry or a
certified elevator inspector;
(2) a representative of [elevator, escalator, and
related] equipment constructors;
(3) a representative of owners or managers of a
building [buildings] having fewer than six stories and having [an
elevator, an escalator, or related] equipment;
(4) a representative of owners or managers of a
building [buildings] having six stories or more and having [an
elevator, an escalator, or related] equipment;
(5) a representative of independent [elevator,
escalator, and related] equipment maintenance companies;
(6) a representative of [elevator, escalator, and
related] equipment manufacturers;
(7) a licensed or registered engineer or architect
[representative of professional engineers or architects];
(8) a public member; and
(9) a public member with a physical disability.
(b) Board members serve at the will of the commission
[commissioner].
(c) The presiding officer of the commission, with the
commission's approval, [commissioner] shall appoint a presiding
officer of the board to serve for two years.
(d) The board shall meet at least twice each calendar year.
(e) A board member serves without compensation but is
entitled to reimbursement for travel as provided for in the General
Appropriations Act [and other necessary expenses incurred in
performing duties under this subchapter].
Sec. 754.013. BOARD DUTIES. To protect public safety and to
identify and correct potential hazards, the board shall advise the
commission [commissioner] on:
(1) the adoption of appropriate standards for the
installation, alteration, operation, and inspection of [elevators,
escalators, and related] equipment;
(2) the status of [elevators, escalators, and related]
equipment used by the public in this state; [and]
(3) sources of information relating to equipment
safety;
(4) public awareness programs related to elevator
safety, including programs for sellers and buyers of single-family
dwellings with elevators, chairlifts, or platform lifts; and
(5) any other matter considered relevant by the
commission [commissioner].
Sec. 754.014. STANDARDS ADOPTED BY COMMISSION
[COMMISSIONER]. (a) The commission [commissioner] shall adopt
standards for the installation, maintenance, alteration,
operation, and inspection of [elevators, escalators, and related]
equipment used by the public in:
(1) buildings owned or operated by the state, a
state-owned institution or agency, or a political subdivision of
the state; and
(2) buildings that contain [an elevator, an escalator,
or related] equipment that is open to the general public, including
a hotel, motel, apartment house, boardinghouse, church, office
building, shopping center, or other commercial establishment.
(b) Standards adopted by the commission [commissioner] may
not contain requirements in addition to the requirements in the
ASME Code A17.1, [or] ASME Code A17.3, ASME Code A18.1, or ASCE Code
21. The standards must allow alteration of existing equipment if
the alteration does not diminish the safety of the equipment below
the level required by this subchapter at the time of alteration.
(c) Standards adopted by the commission [commissioner] must
require [elevators, escalators, and related] equipment to comply
with the installation requirements of the [following, whichever is
the least restrictive:
[(1) the] ASME Code A17.1, ASME Code A18.1, or ASCE
Code 21 that was in effect and applicable on the date of
installation of the [elevators, escalators, and related]
equipment[; or
[(2) an applicable municipal ordinance governing the
installation of elevators, escalators, and related equipment that
was in effect on the date of installation].
(d) Standards adopted by the commission [commissioner] must
require [elevators, escalators, and related] equipment to comply
with the installation requirements of the [1994] ASME Code A17.3
that contains minimum safety standards for all [elevators,
escalators, and related] equipment, regardless of the date of
installation.
(e) The executive director [On written request, the
commissioner] shall grant a delay for compliance with the
applicable ASME Code A17.1, [or the 1994] ASME Code A17.3, or ASME
Code A18.1 until a specified time if compliance is not readily
achievable, as that phrase is defined in the Americans with
Disabilities Act (42 U.S.C. Section 12101 et seq.), or regulations
adopted under that Act. The accumulated total time of all delays
may not exceed three years, except as provided by Subsection (f) or
as allowed in the discretion of the executive director.
(f) The executive director [On written request, the
commissioner] shall grant a delay until September 1, 2005, for
compliance with the requirements for door restrictors or
firefighter's service in the [1994] ASME Code A17.3 if those
requirements were not included in the ASME Code A17.1 that was in
effect on the date of installation [of the elevator, escalator, or
related equipment] and the [that] equipment was not subsequently
installed [by an owner of the elevator, escalator, or related
equipment].
(g) The executive director [commissioner] may grant a
waiver of compliance from an applicable code requirement [with the
applicable ASME Code A17.1 or the 1994 ASME Code A17.3] if the
executive director [commissioner] finds that:
(1) the building in which the [elevator, escalator, or
related] equipment is located is a qualified historic building or
facility or the noncompliance is due to structural components of
the building; [and]
(2) noncompliance will not constitute a significant
threat to passenger safety; and
(3) noncompliance, with adequate alternative
safeguards, will not constitute a significant threat to worker
safety.
(h) The executive director shall grant a waiver of
compliance if the noncompliance resulted from compliance with a
municipal equipment construction code at the time of the original
installation and the noncompliance does not pose imminent and
significant danger. The executive director [commissioner] may
grant a waiver of compliance with the firefighter's service
provisions of the ASME Code A17.1 or the [1994] ASME Code A17.3 in
an elevator that exclusively serves a vehicle parking garage in a
building that:
(1) is used only for parking;
(2) is constructed of noncombustible materials; and
(3) is not greater than 75 feet in height.
(i) This subchapter does not apply to [an elevator, an
escalator, or related] equipment in an industrial facility, or in a
grain silo, radio antenna, bridge tower, underground facility, or
dam, to which access is limited primarily [principally] to
employees of or working in that facility or structure.
(j) [The commissioner may charge a reasonable fee as set by
the commission for an application for waiver or delay.] One
application for a waiver or delay may contain all requests related
to a unit of equipment [particular building]. A delay may not be
granted indefinitely but must be granted for [to] a specified time
not to exceed three years.
(k) For purposes of this section, the date of installation
or alteration of equipment is the date that the owner of the real
property entered into a contract for the installation or alteration
of the [purchase of the elevators, escalators, or related]
equipment. If that date cannot be established, the date of
installation or alteration is the date of issuance of the municipal
building permit under which the [elevators, escalators, or related]
equipment was installed or altered [constructed] or, if a municipal
building permit was not issued, the date that electrical
consumption began for the construction of the building in which the
[elevators, escalators, or related] equipment was installed.
Sec. 754.0141. STANDARDS FOR EQUIPMENT IN SINGLE-FAMILY
DWELLINGS; REQUIRED INFORMATION. (a) Elevators, chairlifts, or
platform lifts installed in a single-family dwelling on or after
January 1, 2004, must comply with the ASME Code A17.1 or A18.1, as
applicable, and must be inspected by a QEI-1 certified inspector
after the installation is complete. The inspector shall provide
the dwelling owner a copy of the inspection report.
(b) The commission shall, before January 1, 2004, adopt
rules containing minimum safety standards that must be used by
QEI-1 certified inspectors when inspecting elevators, chairlifts,
and platform lifts installed in single-family dwellings.
(c) A municipality may withhold a certificate of occupancy
for a dwelling or for the installation of the elevator or chairlift
until the owner provides a copy of the QEI-1 inspection report to
the municipality.
(d) A contractor is not required to report to the department
any information concerning equipment in a single-family dwelling or
the contractor's work on the equipment.
(e) On completing installation of equipment in a
single-family dwelling, a contractor shall provide the dwelling
owner with relevant information, in writing, about use, safety, and
maintenance of the equipment, including the advisability of having
the equipment periodically and timely inspected by a QEI-1
certified inspector.
(f) An inspection by a QEI-1 certified inspector of
equipment in a single-family dwelling may be performed only at the
request and with the consent of the owner. The owner of a
single-family dwelling is not subject to Section 754.022, 754.023,
or 754.024.
Sec. 754.015. RULES. (a) The commission [commissioner] by
rule shall provide for:
(1) an annual [the] inspection and certification of
the [once each calendar year of elevators, escalators, and related]
equipment covered by standards adopted under this subchapter;
(2) [the] enforcement of those standards;
(3) registration [the certification] of qualified
[persons as] inspectors and contractors [for the purposes of this
subchapter]; [and]
(4) the form of [the] inspection documents, contractor
reports, [report] and certificates [certificate] of compliance;
(5) notification to building owners, architects, and
other building industry professionals regarding the necessity of
annually inspecting equipment;
(6) approval of continuing education programs for
registered QEI-1 certified inspectors; and
(7) standards of conduct for individuals who are
registered under this subchapter.
(b) The commission [commissioner] by rule may not [require
that]:
(1) require inspections of equipment to [inspection]
be made more often than every 12 months, except as provided by
Subsection (c) [once per year of elevators, escalators, and related
equipment];
(2) require persons to post a bond or furnish
insurance or to have minimum experience or education as a condition
of certification or registration; [and]
(3) require building owners to submit to the
department proposed plans for equipment installation or
alteration; or
(4) prohibit a QEI-1 certified inspector who is
registered with the department from inspecting equipment.
(c) The commission by rule may require a reinspection or
recertification of equipment if the equipment has been altered and
poses a significant threat to passenger or worker safety or if an
annual inspection report indicates an existing violation has
continued longer than permitted in a delay granted by the executive
director.
(d) The executive director may charge a reasonable fee as
set by the commission for:
(1) registering or renewing registration of an
inspector;
(2) registering or renewing registration of a
contractor;
(3) applying for a certificate of compliance;
(4) filing an inspection report as required by Section
754.019(a)(3), 30 days or more after the date the report is due, for
each day the report remains not filed after the date the report is
due;
(5) applying for a waiver or delay; and
(6) attending a continuing education program
sponsored by the department for registered QEI-1 inspectors
[inspection reports or certificates of compliance be placed in
locations other than one provided in Section 754.019(4)].
Sec. 754.016. INSPECTION REPORTS [REPORT] AND CERTIFICATES
[CERTIFICATE] OF COMPLIANCE. (a) Inspection reports [An
inspection report] and certificates [a certificate] of compliance
required under this subchapter must cover all [elevators,
escalators, and related] equipment in a building or structure
appurtenant to the building, including a parking facility, that are
owned by the same person or persons. [There shall be only one
inspection report and one certificate of compliance for each
building.]
(b) An inspector shall date and sign an inspection report
and shall issue the report to the building owner not later than the
10th calendar day after the date of inspection. [The inspection
report shall be on forms designated by the commissioner.]
(c) The executive director [commissioner] shall date and
sign a certificate of compliance and shall issue the certificate to
the building owner. The certificate of compliance shall state:
(1) that the [elevators, escalators, and related]
equipment has [have] been inspected by a certified inspector and
found by the inspector to be in compliance, except for any delays or
waivers granted by the executive director [commissioner] and stated
in the certificate;
(2) the date of the last inspection and the due date
for the next inspection; and
(3) contact information at the department to report a
violation of this subchapter.
(d) The commission by rule shall:
(1) specify what information must be contained in a
certificate of compliance;
(2) describe the procedure by which a certificate of
compliance is issued;
(3) require that a certificate of compliance related
to an elevator be posted in a publicly visible area of the building;
and
(4) determine what constitutes a "publicly visible
area" under Subdivision (3).
Sec. 754.017. CERTIFIED INSPECTORS. (a) In order to
inspect equipment, an individual must:
(1) be registered [An inspector must register] with
the department;
(2) attend educational programs approved by the
department;
(3) [and] be certified as a QEI-1 [an ASME-QEI-1]
inspector by an organization accredited by the American Society of
Mechanical Engineers; and
(4) pay all applicable fees. [Any certification
charges or fees shall be paid by the inspector.]
(b) [The commissioner may not by rule prohibit an ASME-QEI-1
certified inspector who is registered with the department from
inspecting under this subchapter an elevator, an escalator, or
related equipment.] A person assisting a certified inspector and
working under the direct, on-site supervision of the inspector is
not required to be [ASME-QEI-1] certified.
(c) A registration expires on the first anniversary of the
date of issuance.
(d) A certified inspector may not be required to attend more
than seven hours of continuing education during each licensing
period. [The commissioner may charge a $15 fee to certified
inspectors for registering with the department.]
Sec. 754.0171. CONTRACTOR REGISTRATION. (a) A person may
not install, repair, or maintain equipment without registering as a
contractor with the department as required by this subchapter.
(b) A contractor shall submit an application for
registration and pay appropriate fees to the department. The
registration application form may require information concerning
the background, experience, or identity of the applicant.
(c) A registration expires on the first anniversary of the
date of issuance.
(d) A person registering as a contractor under this
subchapter shall submit to the department an initial report, not
later than the 60th day following the application date, containing:
(1) the street address of each building or location at
which the person performed installation, repair, alteration, or
maintenance of equipment for the previous two years; and
(2) the name and mailing address of the building
owner.
(e) After the initial report required by Subsection (d), a
contractor registered as required by this subchapter shall submit
to the department a quarterly report containing:
(1) the street address of each building or location at
which the contractor performed installation, repair, alteration,
or maintenance of equipment not reported in the contractor's
initial report to the department under Subsection (d); and
(2) the name and mailing address of the building
owner.
(f) Installation, repair, alteration, and maintenance
standards for contractors must be consistent with ASME Code A17.1,
ASME Code A17.3, ASME Code A18.1, and ASCE Code 21.
Sec. 754.0172. INSPECTION FEE. [(a) A person inspecting
an elevator, an escalator, or related equipment under this
subchapter may not charge more than $65 per elevator cab or per
escalator for each inspection.
[(b)] The amount charged for an inspection or the
performance of an inspection of equipment under this subchapter may
not be contingent on the existence of a maintenance contract
between the person performing the inspection and any other person.
Sec. 754.018. POWERS OF MUNICIPALITIES. Subject to Section
754.014(h), if [If] a municipality operates a program for the
installation, maintenance, alteration, inspection, or [and]
certification of [elevators, escalators, and related] equipment,
this subchapter shall not apply to the [elevators, escalators, and
related] equipment in that municipality, provided that the
standards of installation, maintenance, alteration, inspection,
and certification are at least equivalent to [no less stringent
than] those contained in this subchapter.
Sec. 754.019. DUTIES OF REAL PROPERTY OWNERS. (a) The
owner of real property on which [an elevator, an escalator, or
related] equipment covered by this subchapter is located shall:
(1) have the [elevator, escalator, or related]
equipment inspected annually by a [an ASME-QEI-1] certified
inspector [in accordance with the commissioner's rules];
(2) obtain an inspection report from the inspector
evidencing that all [elevators, escalators, and related] equipment
in a building on the real property was [were] inspected in
accordance with this subchapter and rules adopted under this
subchapter;
(3) file with the executive director [commissioner a
copy of] each inspection report, and all applicable fees, [and a $20
filing fee for each report, plus $5 for each elevator, escalator, or
related equipment] not later than the 60th day after the date on
which an inspection is made under this subchapter;
(4) display the certificate of compliance:
(A) in a publicly visible area of the building,
as determined by commission rule under Section 754.016, [the
elevator mechanical room] if the certificate relates to an
elevator;
(B) in the escalator box if the certificate
relates to an escalator; or
(C) in a place designated by the executive
director [commissioner] if the certificate relates to [related]
equipment other than an elevator or escalator; and
(5) display the inspection report at the locations
designated in Subdivision (4) until a certificate of compliance is
issued [by the commissioner].
(b) When an inspection report is filed [with the
commissioner], the owner shall submit to the executive director, as
applicable [commissioner]:
(1) verification that any deficiencies in the
inspector's report have been remedied or that a bona fide contract
to remedy the deficiencies has been entered into; or
(2) any application for delay or waiver of an
applicable standard.
(c) [An inspection must be made not later than 18 months
after the previous calendar year's inspection. This subsection
does not affect the requirement that elevators, escalators, or
related equipment be inspected at least once each calendar year.
[(d)] For the purpose of determining timely filing under
Subsection (a)(3) and Section 754.016(b), an inspection report and
filing fees [fee] are considered filed on the earlier of:
(1) the date of personal delivery;
(2) the date of postmark [mailing] by United States
mail if properly addressed to the executive director; or
(3) the date of deposit with a commercial courier
service, if properly addressed to the executive director
[commissioner].
(d) [(e) If the inspection report and fee required by
Subsection (a)(3) are not timely filed, the commissioner may charge
the owner of the real property on which the elevator, escalator, or
related equipment is located an additional $100 fee for late
filing.
[(f) The commissioner may not require that an inspection
report or certificate of compliance be placed inside or immediately
outside an elevator cab or escalator or in the lobby or hallways of
a building.
[(g)] A fee may not be charged or collected for a
certificate of compliance for an institution of higher education as
defined in Section 61.003, Education Code.
(e) An owner shall report to the department each accident
involving equipment not later than 72 hours following the accident.
Sec. 754.020. CHIEF ELEVATOR INSPECTOR [DEPOSIT OF FEES].
The executive director may appoint a chief elevator inspector to
administer the equipment inspection and registration program. The
chief elevator inspector:
(1) may not have a financial or commercial interest in
the manufacture, maintenance, repair, inspection, installation, or
sale of equipment; and
(2) must possess a QEI-1 certification or obtain the
certification within six months after becoming chief inspector
[Fees collected under this subchapter shall be deposited to the
credit of an account in the general revenue fund that may be used by
the commissioner only to administer and enforce this subchapter and
to reimburse expenses of board members provided by this
subchapter].
Sec. 754.021. LIST OF REGISTERED INSPECTORS AND
CONTRACTORS[; PERSONNEL]. The executive director shall
[commissioner may]:
(1) compile a list of [ASME-QEI-1] certified
inspectors and contractors who are registered with the department
[to perform an inspection under this subchapter]; and
(2) employ personnel who are [as] necessary to enforce
this subchapter.
Sec. 754.022. NOTICE OF NONCOMPLIANCE. If the department
[commissioner] learns of a situation of noncompliance under Section
754.019, the department [commissioner] shall send notice by
certified mail of the noncompliance and the actions required to
remedy the noncompliance to the record owner of the real property on
which the equipment that is the subject of the noncompliance is
located.
Sec. 754.023. INVESTIGATION; REGISTRATION [LICENSE]
PROCEEDINGS; INJUNCTION; EMERGENCY ORDERS. (a) If there is good
cause for the executive director [commissioner] to believe that [an
elevator, an escalator, or related] equipment on real property
poses an imminent and significant danger [is dangerous] or that an
accident involving [an elevator, an escalator, or related]
equipment occurred on the property and serious bodily injury or
property damage resulted, the executive director [the
commissioner] may enter the property during regular business hours
after notice to the owner, operator, or person in charge of the
property to inspect the [elevator, escalator, or related] equipment
or investigate the danger or accident at no cost to the owner.
(b) The executive director [commissioner] may enter real
property during regular business hours after notice to the owner,
operator, or person in charge of the property to verify, at no cost
to the owner, whether an inspection report or certificate of
compliance has been displayed as required under Section 754.019(a).
(c) The commission [commissioner] may deny, suspend, or
revoke a [the] registration under this subchapter and may assess an
administrative penalty [of any ASME-QEI-1 certified inspector]
for:
(1) obtaining registration with the executive
director [commissioner] by fraud or false representation;
(2) falsifying a [any inspection] report submitted to
the executive director [commissioner]; or
(3) violating this subchapter or a rule adopted under
this subchapter.
(d) Proceedings for the denial, suspension, or revocation
of a registration and appeals from those proceedings are governed
by Chapter 2001, Government Code.
(e) The executive director [commissioner] is entitled to
appropriate injunctive relief to prevent a violation or threatened
violation of this subchapter or a rule adopted under this
subchapter.
(f) [(e)] The executive director [commissioner] may bring
suit in a district court in Travis County or in the county in which
the violation or threatened violation occurs. If requested, the
attorney general shall represent the executive director
[commissioner] in the suit.
(g) The executive director may issue an emergency order as
necessary to enforce this subchapter if the executive director
determines that an emergency exists requiring immediate action to
protect the public health and safety.
(h) The executive director may issue an emergency order with
simultaneous notice and without hearing or with the notice and
opportunity for hearing practicable under the circumstances.
(i) If an emergency order is issued under this section
without a hearing, the executive director shall set the time and
place for a hearing to affirm, modify, or set aside the emergency
order not later than the 10th day after the date the order was
issued.
(j) An emergency order may direct a building owner or
manager to disconnect power to or lock out equipment if:
(1) the department determines imminent and
significant danger to passenger safety exists if action is not
taken immediately and reasonable effort has been made for voluntary
compliance by notification to the building owner or manager of the
danger before the issuance of an emergency order; or
(2) an annual inspection has not been performed in
more than two years and:
(A) the department gives the building owner or
manager, or the agent of the building owner or manager, 60 days'
written notice by certified mail directing the equipment to be
inspected according to this subchapter; and
(B) after the expiration of the notice period
under Paragraph (A), the department gives the building owner or
manager, or the agent of the building owner or manager, written
notice by certified mail stating that an order to disconnect power
or lock out equipment will be made after the seventh day after the
date notice is delivered.
(k) If an emergency order to disconnect power or lock out
equipment is issued, the building owner or manager may have the
power reconnected or the equipment unlocked only if:
(1) a registered inspector or contractor or a
department representative has filed a written form with the
department verifying the imminent and significant danger has been
removed by repair, replacement, or other means; and
(2) the building owner, before the reconnection of
power or unlocking of equipment, reimburses the department for all
expenses incurred relating to the disconnection of power or
lockout.
(l) The executive director or the executive director's
designee may allow delayed payment if the building owner or manager
commits in writing to pay the department for the expenses required
by Subsection (k) not later than the 10th day after the date power
is reconnected or equipment is unlocked.
(m) If an emergency order to disconnect power or lock out
equipment is issued and the building owner later notifies the
department that the imminent and significant danger no longer
exists, the executive director or the executive director's designee
shall, after the requirements of Subsection (k) are satisfied,
promptly issue written permission to reconnect power or unlock the
equipment and notify the owner.
Sec. 754.024. CRIMINAL PENALTY. (a) A person commits an
offense if the person receives notice of noncompliance under
Section 754.022 and the person has not remedied the noncompliance
or entered into a bona fide contract to remedy the noncompliance
before the 61st day after the date on which the notice is received.
(b) An offense under this section is a Class C misdemeanor.
(c) Each day of an offense under Subsection (a) constitutes
a separate offense.
Sec. 754.025. APPLICATION OF CERTAIN LAW. (a) Chapter 53,
Occupations Code, applies to a registration under this subchapter.
(b) Sections 51.401 and 51.404, Occupations Code, do not
apply to this subchapter.
SECTION 11.02. Not later than March 1, 2004, the Texas
Commission of Licensing and Regulation shall adopt the rules
required by Section 754.016 and Subsection (a), Section 754.019,
Health and Safety Code, as amended by this article.
SECTION 11.03. The changes in law made by this article apply
only to an inspection report or certificate of compliance issued on
or after the effective date of this article. An inspection report
or certificate issued before the effective date of this article is
covered by the law in effect when the report or certificate was
issued and is valid until the renewal date of that report or
certificate under the terms of the former law, and the former law is
continued in effect for that purpose. On renewal, an inspection
report or certificate is subject to Chapter 754, Health and Safety
Code, as amended by this article.
SECTION 11.04. (a) This article takes effect September 1,
2003, except that:
(1) a contractor is not required to be registered
under Section 754.0171, Health and Safety Code, as amended by this
article, before January 1, 2004; and
(2) an escalator constructed before September 1,
2003, is not required to comply with step/skirt index requirements
imposed under the 2002 American Society of Mechanical Engineers
Safety Code for Elevators and Escalators A17.3 before September 1,
2009.
(b) A member of the elevator advisory board serving on the
effective date of this article continues to serve until removed by
the governor or until the member's successor is appointed by the
governor.