| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the training and certification of state agency |
|
|
employees or contractors performing service work on pressure |
|
|
vessels. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subtitle A, Title 9, Health and Safety Code, is |
|
|
amended by adding Chapter 761 to read as follows: |
|
|
CHAPTER 761. PRESSURE VESSELS |
|
|
Sec. 761.001. DEFINITIONS. In this chapter: |
|
|
(1) "Pressure vessel" means an autoclave, sterilizer, |
|
|
laboratory washer, or other strong, steam-heated vessel able to |
|
|
withstand high temperatures and pressures that is used for |
|
|
laboratory experiments or sterilization of tools, instruments, |
|
|
equipment, or culture media. |
|
|
(2) "State agency" means: |
|
|
(A) a board, commission, department, office, or |
|
|
other agency that is in the executive branch of state government and |
|
|
that was created by the Texas Constitution or a state statute and |
|
|
includes an institution of higher education as defined by Section |
|
|
61.003, Education Code; |
|
|
(B) the legislature or a legislative agency; and |
|
|
(C) the supreme court, the court of criminal |
|
|
appeals, a court of appeals, the State Bar of Texas, or another |
|
|
state judicial agency. |
|
|
Sec. 761.002. TRAINING AND CERTIFICATE REQUIRED. (a) 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 may not perform 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) An individual for whom training and certification are |
|
|
required under Subsection (a)(1) may 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. 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 shall 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. 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. This Act takes effect September 1, 2011. |