SRC-AMY S.B. 1090 78(R)    BILL ANALYSIS


Senate Research CenterS.B. 1090
By: Carona
Business & Commerce
7/14/2003
Enrolled
DIGEST AND PURPOSE 

Currently, the state's authority, through the Texas Department of
Licensing and Regulation (TDLR), to regulate and enforce elevator safety
and inspection requirements is limited.  S.B. 1090 creates a mechanism to
regulate the registration of professionals who work on elevators, sets
forth inspection requirements, and authorizes the commissioner of
licensing and regulation to shut down equipment operation through an
emergency order. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the commissioner of licensing
and regulation in SECTION 1 (Sections 745.0141 and 754.015, Health and
Safety Code) of this bill.   

Rulemaking authority previously granted to the commissioner of licensing
and regulation is modified in SECTION 1 (Section 754.015) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 754, Health and Safety Code, is
amended as follows: 

SUBCHAPTER B. New heading: INSPECTION, CERTIFICATION, AND REGISTRATION

Sec. 754.011.  DEFINITIONS.  Defines "acceptance inspection," "accident,"
"alteration," "annual inspection," "ASCE Code 21," "ASME Code A18.1,"
"contractor," "equipment," "executive director," "industrial facility,"
"serious bodily injury," and "unit of equipment."  Redefines "ASME Code
A17.3" and "related equipment."  Redesignates Subsection (2) as Subsection
(7), Subsections (3) - (5) as Subsections (9) - (11), Subsection (6) as
Subsection (13), and Subsections (7) - (8) as Subsections (16) - (17). 

Sec. 754.0111.  EXEMPTION.  (a)  Creates this subsection from existing
text and deletes text exempting an elevator, escalator, or related
equipment from this subchapter. Provides that this subchapter does not
apply to equipment in a private building owned by, rather than for,
certain organizations. 

(b) Exempts an elevator in a single-family dwelling from this subchapter,
except as provided by Section 754.0141 (Standards For Equipment In
Single-family Dwellings; Required Information). 

Sec. 754.012.  ELEVATOR ADVISORY BOARD.  (a) Provides that the members of
the elevator advisory board be appointed by the presiding officer of the
commission, rather than by the commissioner of licensing and regulation
(commissioner).  Provides in the prerequisites for board membership, that
a person need only own or manage one rather than multiple buildings.
Requires the board to include a licensed or registered engineer or
architect, rather than a representative of professional engineers or
architects, and increases the number of public members from one to five.
Makes conforming changes.  

(b) Provides that each board member serves at the will of the commission.

(c) Makes a conforming change.

 (d) No change to this subsection.

(e)  Provides that a board member is entitled to reimbursement  for travel
as provided for in the General Appropriations Act.  Deletes texts
referring to additional expenses that qualify for reimbursement. 

Sec. 754.013.  BOARD DUTIES.  Requires the advisory board to advise the
commission on certain issues.  Makes conforming and nonsubstantive
changes.  

Sec. 754.014.  STANDARDS ADOPTED BY COMMISSION.  (a) Makes conforming
changes. 

(b) Prohibits commission-adopted standards from containing requirements
additional to ASME Code A18.1 and ASCE Code 21, in addition to certain
other codes. Requires the standards to allow alteration of existing
equipment if it does not diminish the safety level below this subchapter's
requirements, at the time of alteration. 

(c) Deletes text providing that equipment comply with the least
restrictive of certain codes. Includes ASME Code A18.1 and ASCE Code 21 in
the list of codes with which the commission-adopted standards, which are
applicable as well as in effect, must comply in governing equipment
installation.  Makes a conforming and nonsubstantive change.  Deletes
existing Subdivision (2). 

(d) Deletes the specification that the ASME Code A17.3 referenced is the
1994 code.  Makes conforming changes. 

(e) Deletes the requirement of a written request for a delay.  Makes a
conforming change.  Prohibits the accumulated delay from exceeding three
years, except as provided by Subsection (f) or as allowed by the executive
director's discretion. 

(f) Makes conforming and nonsubstantive changes.

(g) Authorizes the executive director to grant a waiver of compliance from
an applicable code requirement, rather than citing specific codes, if the
executive director finds that noncompliance, with adequate alternative
safeguards, will not constitute a significant threat to worker safety, in
addition to certain other findings.  Makes conforming and nonsubstantive
changes. 

(h)  Requires the executive director to 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 does not
pose imminent and significant danger.  Makes a conforming change. 

(i) Exempts from this subchapter equipment in certain locations to which
access is limited primarily, rather than principally, to employees of or
working in that facility or structure.  Makes a conforming change. 

(j)  Deletes text authorizing the commissioner to charge a certain fee.
Authorizes one application for a waiver or delay to contain all requests
related to  a unit of equipment, rather than a particular building.
Requires a delay be granted for a specified time not to exceed three
years. 

(k) Provides that for the purposes of this section, the date of
installation or alteration of equipment, rather than just installation, is
the date that the owner of the real property  entered into a contract for
the installation or alteration of the equipment, rather than the date of
purchase.  Makes conforming changes. 

Sec. 745.0141.  STANDARDS FOR EQUIPMENT IN SINGLE-FAMILY  DWELLINGS;
REQUIRED INFORMATION.  (a) Requires elevators, chairlifts, or platform
lifts installed in a single-family dwelling on or after January 1, 2004,
to comply with ASME Code A17.1 or A18.1, as applicable, and to be
inspected by a QEI-1 certified inspector after installation.  Requires the
inspector to provide the owner a copy of the inspection report. 

(b) Requires the commission to adopt rules, before January 1, 2004, with
required minimum safety standards to be used by QEI-1 certified inspectors
when inspecting certain equipment in single-family dwellings. 

(c) Authorizes a municipality to withhold a certificate of occupancy for a
dwelling or the installation of certain equipment until the owner provides
a copy of the QEI-1 inspection report to the municipality. 

(d) Provides that a contractor is not required to report to the Texas
Department of Licensing and Regulation (TDLR) any information concerning
equipment in a single-family dwelling or the contractor's work on the
equipment. 

(e) Requires a contractor to provide the dwelling owner with certain
information, upon completing installation of equipment in a single-family
dwelling. 

(f) Authorizes an inspection by a QEI-1 certified inspector of equipment
in a single-family dwelling only at the owner's request and consent.
Provides that the owner of a single-family dwelling is not subject to
Sections 754.022 (Notice of Noncompliance), 754.023 (Investigation;
Registration and License Proceedings; Injunction; Emergency Orders) or
754.024 (Criminal Penalty). 

Sec. 754.015.  RULES.  (a) Authorizes the commission to provide for, by
rule, certain activities. 

(b) Prohibits the commissioner, by rule, from requiring or prohibiting
certain activities. 

(c) Authorizes the commission, by rule, to require a reinspection or
recertification of equipment if it 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 commissioner. 

(d) Authorizes the executive director to charge certain fees.

Sec. 754.016.  New heading: INSPECTION REPORTS AND CERTIFICATES OF
COMPLIANCE.  (a)  Requires inspection reports and certificates of
compliance required under this subchapter to cover each unit of equipment.
Deletes text referring to specific items.  Makes a conforming change.
Deletes text requiring only one inspection report and one certificate of
compliance for each unit of equipment.  Makes nonsubstantive changes. 

(b) Requires an inspector to issue an inspection report to the building
owner not later than the 10th calendar day after the date of inspection.
Deletes text referring to commissioner-designated forms.   

(c)  Requires the executive director to date and sign a certificate of
compliance to the building owner if an application is submitted by the
building owner with applicable fees and the application reflects certain
information. 

Sec. 754.017.  CERTIFIED INSPECTORS.  (a)  Requires certain prerequisites
to be met in order for an individual to inspect equipment. 

(b) Provides that a person assisting a certified inspector and working
under the  direct, on-site supervision of the inspector is not required to
be certified, rather than ASME-QEI-1 certified.  Deletes text prohibiting
the commissioner from prohibiting an ASME-QEI-1 certified inspector from
inspecting certain equipment. 

(c)  Provides that a registration expires on the first anniversary of the
date of issuance. 

(d) Prohibits a certified inspector from being required to attend more
than seven hours of continuing education during each licensing period.
Deletes text referring to a $15 fee. 

Sec. 754.0171.  CONTRACTOR REGISTRATION.  (a) Prohibits a person from
installing, repairing, or maintaining equipment without registering as a
contractor with TDLR as required by this chapter. 

(b) Requires a contractor to submit an application for registration and
pay appropriate fees to TDLR.  Authorizes the registration application
form to require certain information of the applicant. 

(c) Provides that a registration expires on the first anniversary of the
date of issuance. 

(d)  Requires a person registering as a contractor under this subchapter
to submit an initial report to TDLR, not later than the 60th day following
the application date, containing certain information. 

(e)  Requires a contractor registered as required by this subchapter to
submit to TDLR, after the initial report required by Subsection (d),
quarterly reports containing certain information. 

(f) Requires installation, repair, alteration, and maintenance standards
for contractors to be consistent with certain codes. 

Sec. 754.0172.  INSPECTION FEE.  Prohibits the amount charged for an
inspection or the performance of an inspection of equipment under this
subchapter from being contingent on the existence of a maintenance
contract between  the person performing the inspection and any other
person.  Makes conforming and nonsubstantive changes. 

Sec. 754.018.  POWERS OF MUNICIPALITIES.  Exempts from this subchapter,
subject to Section 751.014(h) (Standards Adopted By The Commissioner),
equipment in a municipality that operates a program for the installation,
maintenance, and alteration, in addition to inspection, or certification
of equipment; provided that the standards of installation, maintenance,
alteration, inspection, and certification are at least equivalent to,
rather than no less stringent than, those contained in this subchapter. 

Sec. 754.019.  DUTIES OF REAL PROPERTY OWNERS.  (a) Requires the owner of
real property on which equipment is located to fulfill certain duties. 

(b) Requires the owner to submit, as applicable, to the executive
director, rather than the commissioner, certain information upon filing an
inspection report. 

(c) Deletes text referring to an inspection timeline.  Provides that for
the purpose of determining timely filing under Subsection (a)(3) and
Section 754.016(b) (Inspection Documents and Certificate of Compliance),
an inspection report and filing fees are considered filed on the earlier
of certain dates. Makes conforming and nonsubstantive changes. 

(d) Deletes text referring to late fees and posting certificates of
compliance.  Makes nonsubstantive changes. 

(e) Requires an owner to report to TDLR each accident involving equipment,
not later than 72 hours following the accident. 

Sec. 754.020.  New heading: CHIEF ELEVATOR INSPECTOR.  Authorizes the
executive director to appoint a chief elevator inspector, subject to
certain prerequisites, to administer the equipment inspection and
registration program. 

Sec. 754.021.  New heading: LIST OF REGISTERED INSPECTORS AND CONTRACTORS.
Requires the executive director to perform certain duties. 

Sec. 754.022.  NOTICE OF NONCOMPLIANCE.  Redesignates the duties related
to noncompliance by real property owners from the commissioner to TDLR. 

Sec. 754.023.  New heading: INVESTIGATION; REGISTRATION PROCEEDINGS;
INJUNCTION; EMERGENCY ORDERS.  (a) Authorizes a TDLR employee to enter
real property during regular business hours  after notice to certain
people to inspect equipment or investigate the danger or accident at no
cost to the owner, if there is good cause for the executive director,
rather than the commissioner, to believe that equipment on real property
poses an imminent threat, rather than is dangerous.  Makes conforming
changes. 

(b) Makes a conforming change.

(c) Authorizes the commission to deny, suspend, or revoke a registration,
under this subchapter and assess an administrative penalty for certain
activities. Deletes text referring to an ASME-QEI-1 certified inspector.
Makes conforming changes. 

(d) Provides that proceedings for certain registration issues are governed
by Chapter 2001, Government Code (Administrative Procedure Act). 

(e) Creates this subsection from existing text.  Makes a conforming change.

(f)  Requires the attorney general to represent the executive director,
rather than the commissioner.  Makes a nonsubstantive and a conforming
change. 

(g) Authorizes the executive director to 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) Authorizes the executive director to issue an emergency order with
simultaneous notice and without hearing or with the notice and opportunity
for hearing as practicable. 

(i)  Requires the executive director to set the time and place for a
hearing to take certain actions on the emergency order, if an emergency
order is issued under this section, not later than the 10th day after the
order was issued. 

(j) Authorizes an emergency order to direct a building owner or manager to
disconnect power to or lock out equipment under certain circumstances. 

(k) Authorizes the building owner or manager to have the power reconnected
or the equipment unlocked only under certain circumstances, if an
emergency order to disconnect power to or lock out equipment is issued. 

(l) Authorizes the executive director, or the designee thereof, to allow
delayed payment if the building owner or manager commits, in writing, to
pay TDLR for the expenses required by Subsection (k) not later than the
10th day after the date power is reconnected or equipment is unlocked. 
 
(m)  Requires the executive director, or the designee thereof, if an
emergency order to disconnect power to or lock out equipment is issued and
the building owner later notifies TDLR that the imminent and significant
danger no longer exists,  to promptly issue written permission to
reconnect power or unlock the equipment and notify the owner, after the
requirements of Subsection (k) are satisfied. 

Sec. 754.024.  CRIMINAL PENALTY.  No changes in this section

Sec. 754.025.  APPLICATION OF CERTAIN LAW.  Provides that Chapter 53,
Occupations Code (Consequences of Criminal Conviction), applies to a
registration under this subchapter. 

SECTION 2.  Requires the commission, not later than December 1, 2003, to
adopt the rules required by Section 754.016 and Subsection (a), Section
754.019, Health and Safety Code, as amended by this Act. 

SECTION 3.  Provides that the changes in law made by this Act apply only
to an inspection report or certificate of compliance issued on or after
the effective date of this Act.  Provides that an inspection report or
certificate issued before the effective date of this Act 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.
Provides that on renewal, an inspection report or certificate is subject
to Chapter 754, Health and Safety Code, as amended by this Act. 

SECTION 4.  (a) Effective date: September 1, 2003, except:

(1) Makes application of Section 754.0171, Health and Safety Code, as
amended by this Act prospective to January 1, 2004. 

(2) Makes application of this Act prospective to September 1, 2009, for an
escalator constructed before September 1, 2003. 

(b) Makes application of this Act prospective to a member of the elevator
advisory board's removal by the governor or until the member's successor
is appointed by the governor.