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A BILL TO BE ENTITLED
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AN ACT
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relating to registration and regulation of crane operators, |
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signalpersons, and riggers; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 8, Occupations Code, is amended by adding |
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Chapter 1306 to read as follows: |
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CHAPTER 1306. REGULATION OF CRANE OPERATORS, |
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SIGNALPERSONS, AND RIGGERS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 1306.001. DEFINITIONS. In this chapter: |
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(1) "ANSI" means the American National Standards |
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Institute. |
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(2) "ASME" means the American Society of Mechanical |
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Engineers. |
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(3) "Commission" means the Texas Commission of |
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Licensing and Regulation. |
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(4) "Crane" means a machine that is used to lift, |
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lower, and horizontally move a suspended load and that includes a |
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hoisting mechanism as an integral part of the machine. |
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(5) "Crane inspector" means an individual who inspects |
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cranes to determine whether the cranes may be operated safely. |
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(6) "Crane operator" means an individual who operates |
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a crane. |
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(7) "Department" means the Texas Department of |
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Licensing and Regulation. |
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(8) "Rigger" means an individual who handles and rigs |
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loads with hardware and equipment used to attach a load to a crane. |
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(9) "Signalperson" means an individual who provides |
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guidance and communicates directions to a crane operator while the |
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operator is lifting, hoisting, moving, or releasing a load. |
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(10) "Tower crane" means a power-operated hoisting |
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machine with a boom, swing jib, or structural component mounted on a |
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vertical mast or tower structure that functions to hoist, lower, |
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and swing loads at various radii. |
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Sec. 1306.002. EXEMPTIONS. This chapter does not apply to a |
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person who: |
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(1) is a member of the armed forces of the United |
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States and who is operating, assembling, or disassembling a crane |
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in the scope of the member's official duties; or |
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(2) is a crane operator trainee enrolled or |
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participating in a structured crane operator training program |
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developed and documented by the employer and is under the direct |
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supervision of a crane operator registered under this chapter. |
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[Sections 1306.003-1306.050 reserved for expansion] |
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SUBCHAPTER B. POWERS AND DUTIES OF COMMISSION AND DEPARTMENT |
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Sec. 1306.051. GENERAL POWERS AND DUTIES. The commission |
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and department shall administer and enforce this chapter. |
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Sec. 1306.052. ADOPTION OF RULES. The commission shall |
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adopt rules consistent with this chapter as necessary to administer |
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this chapter. |
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Sec. 1306.053. FEES. The commission shall set application, |
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registration, and renewal fees in amounts reasonable and necessary |
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to cover the cost of administering this chapter. |
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[Sections 1306.054-1306.100 reserved for expansion] |
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SUBCHAPTER C. REGISTRATION |
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Sec. 1306.101. CRANE OPERATOR REGISTRATION REQUIRED. (a) |
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A person may not act as a crane operator unless the person holds a |
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crane operator certificate of registration issued by the department |
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under this chapter. |
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(b) An employer or contractor may not allow an individual to |
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act as a crane operator unless the individual holds a crane operator |
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certificate of registration issued by the department under this |
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chapter. |
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Sec. 1306.102. SIGNALPERSON REGISTRATION REQUIRED. (a) A |
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person may not act as a signalperson or give hand or verbal signals |
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to control the operation of a crane unless the person holds a |
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signalperson certificate of registration issued by the department |
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under this chapter. |
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(b) An employer or contractor may not allow an individual to |
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act as a signalperson unless the individual holds a signalperson |
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certificate of registration issued by the department under this |
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chapter. |
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Sec. 1306.103. RIGGER REGISTRATION REQUIRED. (a) A person |
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may not act as a rigger or allow a person to rig loads to be lifted |
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by a crane unless the person holds a rigger certificate of |
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registration issued by the department under this chapter. |
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(b) An employer or contractor may not allow an individual to |
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act as a rigger unless the individual holds a rigger certificate of |
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registration issued by the department under this chapter. |
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Sec. 1306.104. CRANE OPERATOR ELIGIBILITY REQUIREMENTS. |
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(a) To protect the public health and safety, the commission by rule |
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shall establish eligibility criteria for a person to hold a crane |
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operator certificate of registration under this chapter. |
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(b) The rules must require a crane operator of a mobile or |
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tower crane to hold a crane operator certification issued by: |
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(1) the National Commission for the Certification of |
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Crane Operators; or |
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(2) an equivalent crane operator certification |
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program approved by the department that: |
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(A) has personnel accreditation standards at |
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least as stringent as the ANSI standards as of September 1, 2009; |
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(B) has safety standards at least as stringent as |
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the ASME B30.3-2004 Construction Tower Cranes and ASME B30.5-2007 |
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Mobile and Locomotive Cranes standards; and |
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(C) demonstrates the person has acquired and |
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maintains the knowledge, skill, and ability necessary to operate |
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the type of crane for which certification is sought. |
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Sec. 1306.105. SIGNALPERSON ELIGIBILITY REQUIREMENTS. (a) |
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To protect the public health and safety, the commission by rule |
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shall establish eligibility criteria for a person to hold a |
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signalperson certificate of registration under this chapter. |
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(b) The rules must require a signalperson to hold a |
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signalperson certification issued by: |
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(1) the National Commission for the Certification of |
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Crane Operators; or |
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(2) an equivalent signalperson certification program |
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approved by the department that: |
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(A) has personnel accreditation standards at |
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least as stringent as the ANSI standards as of September 1, 2009; |
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(B) has safety standards at least as stringent as |
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the ASME B30.3-2004 Construction Tower Cranes and ASME B30.5-2007 |
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Mobile and Locomotive Cranes standards; and |
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(C) demonstrates the person has acquired and |
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maintains the knowledge, skill, and ability necessary to act as a |
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signalperson. |
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Sec. 1306.106. RIGGER ELIGIBILITY REQUIREMENTS. (a) To |
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protect the public health and safety, the commission by rule shall |
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establish eligibility criteria for a person to hold a rigger |
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certificate of registration under this chapter. |
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(b) The rules must require a rigger to hold a rigger |
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certification issued by: |
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(1) the National Commission for the Certification of |
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Crane Operators; or |
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(2) an equivalent rigger certification program |
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approved by the department that: |
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(A) has personnel accreditation standards at |
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least as stringent as the ANSI standards as of September 1, 2009; |
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and |
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(B) demonstrates the person has acquired and |
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maintains the knowledge, skill, and ability necessary to act as a |
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rigger. |
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(c) The rules must establish the following categories of |
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registration for riggers: |
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(1) a basic rigger is a person who: |
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(A) performs simple, repetitive rigging tasks |
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when the load weight, center of gravity, rigging, and rigging |
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configuration are provided or known by the rigger through |
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experience or training before the rigging activities are |
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undertaken; |
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(B) is able to demonstrate pre-use inspection, to |
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identify and attach rigging with basic knowledge of hitch |
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configurations, capacities, and basic knots, and to recognize |
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associated hazards; |
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(C) has knowledge of signaling operations; and |
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(D) is able to describe and demonstrate various |
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types of rigging equipment and basic hitches and their |
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applications; |
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(2) an intermediate rigger is a person who: |
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(A) meets all requirements for a basic rigger; |
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(B) is able to select rigging components and |
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procedures based on rigging capacity data; |
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(C) is able to perform rigging tasks |
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unsupervised, estimate load weight and center of gravity, identify |
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lift points, and determine and select rigging based on loading; |
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(D) is able to perform pre-use inspection of |
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rigging and lift points and to identify and attach rigging with |
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knowledge of hitch configurations, load angle factors, rigging |
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capacities, and load integrity; |
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(E) has an understanding of load dynamics and |
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associated hazards; and |
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(F) as applicable, has a working knowledge of |
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hoisting equipment, winches, jacks, industrial rollers, and |
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similar equipment; and |
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(3) an advanced rigger is a person who: |
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(A) meets all the requirements of an intermediate |
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rigger; |
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(B) is capable of determining rigging and |
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planning for complex load handling; |
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(C) is capable of selecting rigging equipment |
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based on complex load handling requirements; |
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(D) is able to develop and oversee load moving |
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procedures dealing with critical or high consequence applications; |
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and |
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(E) demonstrates procedural knowledge of rigging |
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methods, equipment usage, travel path selection, personnel |
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assignments, handling sequences, and after-action reviews. |
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Sec. 1306.107. APPLICATION. An applicant for a certificate |
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of registration under this chapter must: |
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(1) submit to the department a completed application |
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on the form prescribed by the commission; |
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(2) submit to the department any other information |
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required by the commission; |
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(3) demonstrate to the satisfaction of the department |
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that the applicant meets the qualifications for registration |
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established under this chapter and commission rule; and |
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(4) pay the application and registration fees set by |
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the commission. |
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Sec. 1306.108. RENEWAL OF REGISTRATION. (a) A certificate |
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of registration issued under this chapter expires on the first |
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anniversary of the date of issuance. |
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(b) On payment of the required renewal fee and compliance |
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with any other requirements established by commission rule to |
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protect the public health and safety, registration may be renewed. |
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[Sections 1306.109-1306.150 reserved for expansion] |
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SUBCHAPTER D. INSPECTIONS AND RECORDS |
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Sec. 1306.151. INSPECTIONS. (a) A person may not operate a |
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crane in this state unless the crane is annually inspected by a |
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crane inspector in accordance with the requirements of the federal |
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Occupational Safety and Health Administration. The crane inspector |
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must hold a certification issued by: |
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(1) the National Commission for the Certification of |
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Crane Operators; or |
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(2) an equivalent inspector certification program |
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approved by the department that: |
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(A) has personnel accreditation standards at |
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least as stringent as the ANSI standards as of September 1, 2009; |
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and |
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(B) demonstrates the inspector has acquired and |
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maintained the necessary knowledge, skill, and ability to act as a |
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crane inspector. |
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(b) A person may not operate a new or altered crane unless |
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the crane has been inspected by a crane inspector who meets the |
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qualifications required under Subsection (a). |
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(c) A crane inspector shall ensure the crane complies with |
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the periodic inspection requirements established by ASME |
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B30.3-2004 Construction Tower Cranes and ASME B30.5-2007 Mobile and |
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Locomotive Cranes or other requirements as provided by commission |
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rule. |
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(d) For each crane in operation in this state, the |
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contractor or other person responsible for the operation of the |
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crane shall ensure a competent person performs daily inspections of |
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the crane in accordance with the specification of the manufacture |
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and the American Society of Mechanical Engineers. |
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Sec. 1306.152. RECORDS. (a) A contractor or person who |
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hires a crane operator, signalperson, or rigger shall maintain a |
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record of each inspection performed on a crane, including |
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inspections of the brakes, hooks, ropes, hydraulic and pneumatic |
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cylinders, and hydraulic and pneumatic pressure valves, until at |
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least the third anniversary of the date of inspection. |
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(b) The contractor or hiring person shall make the |
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inspection reports available for review on request. |
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[Sections 1306.153-1306.200 reserved for expansion] |
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SUBCHAPTER E. ENFORCEMENT |
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Sec. 1306.201. DISCIPLINARY ACTION. A person is subject to |
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disciplinary action under Subchapter G, Chapter 51, if the person |
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violates this chapter or a rule adopted under this chapter. |
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Sec. 1306.202. ADMINISTRATIVE PENALTY; HEARINGS. The |
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department may impose an administrative penalty in the manner |
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provided by Subchapter F, Chapter 51, on a person if the person |
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violates this chapter or a rule adopted under this chapter. |
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Sec. 1306.203. CEASE AND DESIST; CIVIL PENALTY; INJUNCTION. |
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(a) The department may issue a cease and desist order if the |
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department determines that an order is necessary to: |
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(1) prevent a violation of this chapter; or |
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(2) protect the public health and safety. |
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(b) The attorney general or the department under this |
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chapter may institute an action for an injunction or a civil penalty |
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as provided by Section 51.352. |
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SECTION 2. (a) Not later than November 1, 2009, the Texas |
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Commission of Licensing and Regulation shall adopt rules required |
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by Chapter 1306, Occupations Code, as added by this Act. |
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(b) Notwithstanding Chapter 1306, Occupations Code, as |
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added by this Act, a crane operator is not required to hold a |
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certificate of registration under that chapter until January 1, |
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2010. |
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SECTION 3. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2009. |
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(b) Sections 1306.101, 1306.102, and 1306.103, Occupations |
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Code, as added by this Act, take effect January 1, 2010. |