By: Carona S.B. No. 1729
 
  Substitute the following for S.B. No. 1729:
 
  By:  Thompson C.S.S.B. No. 1729
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of elevators, escalators, and related
  equipment.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 754.011(5), (6), and (8), Health and
  Safety Code, are amended to read as follows:
               (5)  "ASCE Code 21" means the American Society of Civil
  Engineers Code 21 for people movers operated by cables, as it
  existed on January 1, 2004, or any subsequent revision of that code
  adopted after a review by the commission, as required by law.
               (6)  "ASME Code A17.1" means the American Society of
  Mechanical Engineers Safety Code for Elevators and Escalators
  (Bi-national standard with CSA B44-2007), ASME A17.1/CSA-B44, as it
  existed on January 1, 2004, or any subsequent revision of that code
  adopted after a review by the commission, as required by law
  [A17.1].
               (8)  "ASME Code A18.1" means the American Society of
  Mechanical Engineers Safety Code for Platform Lifts and Stairway
  Chairlifts A18.1, as it existed on January 1, 2004, or any
  subsequent revision of that code adopted after a review by the
  commission, as required by law.
         SECTION 2.  Section 754.014, Health and Safety Code, is
  amended by adding Subsections (l) and (m) to read as follows:
         (l)  Standards adopted by the commission may include and be
  guided by revised versions of ASME Code A17.1, ASME Code A18.1, and
  ASCE Code 21, as appropriate. The commission may not adopt a
  version of ASME Code A17.3 revised after January 1, 2004.
         (m)  The executive director may on application of a person
  and in accordance with procedures adopted by the commission, grant
  a variance to allow the installation of new technology if the new
  component, system, subsystem, function, or device is equivalent or
  superior to the standards adopted by the commission.
         SECTION 3.  Section 754.015(d), Health and Safety Code, is
  amended to read as follows:
         (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, variance, or delay; and
               (6)  attending a continuing education program
  sponsored by the department for registered QEI-1 inspectors.
         SECTION 4.  Section 754.011(11), Health and Safety Code, is
  repealed.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2007.