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BILL ANALYSIS

 

 

Senate Research Center

H.B. 1580

82R5075  YDB-D

By: Brown (Carona)

 

Business & Commerce

 

5/16/2011

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

H.B. 1580 amends current law relating to the training and certification of state agency employees or contractors performing service work on pressure vessels.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Subtitle A, Title 9, Health and Safety Code, by adding Chapter 761, as follows:

 

CHAPTER 761.  PRESSURE VESSELS

 

Sec.  761.001.  DEFINITIONS.  Defines, in this chapter, "pressure vessel" and "state agency."

 

Sec.  761.002.  TRAINING AND CERTIFICATE REQUIRED.  (a)  Prohibits an employee or independent contractor of a state agency or of a person who has contracted with a state agency to perform pressure vessel service work from performing service work on a pressure vessel owned or used by the agency unless:

 

(1)  the individual performing the service work is trained and certified to perform service work on the type of pressure vessel owned or used by the agency; and

 

(2)  the individual provides to the agency a copy of the certificate authorizing the individual to perform service work on the type of pressure vessel owned or used by the agency.

 

(b)  Authorizes an individual for whom training and certification are required under Subsection (a)(1) to obtain the training and certification from:

 

(1)  the manufacturer of the pressure vessel owned or used by the state agency;

 

(2)  a manufacturer of a pressure vessel that is similar to the type of pressure vessel owned or used by the agency, as determined by the agency; or

 

(3)  an accredited pressure vessel training school approved by the agency.

 

Sec. 761.003.  STATE AGENCY RECORDS.  Requires a state agency that has an employee or independent contractor of the agency perform service work on a pressure vessel owned or used by the agency or that contracts with a person for the performance of service work on the pressure vessel to retain in its records each certificate copy received by the agency under Section 762.002(a)(2) until the agency disposes of the pressure vessel.

 

SECTION 2.  Provides that notwithstanding Chapter 761, Health and Safety Code, as added by this Act, an individual is not required to be trained and certified as required by that chapter and a state agency is not required to retain a copy of the certificate required by that chapter until October 1, 2011.

 

SECTION 3.  Effective date: September 1, 2011.