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A BILL TO BE ENTITLED
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AN ACT
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relating to safety standards for elevators, escalators, and related |
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equipment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 754.015(a), (b), and (d), Health and |
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Safety Code, are amended to read as follows: |
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(a) The commission by rule shall provide for: |
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(1) an annual inspection and certification of the |
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equipment covered by standards adopted under this subchapter; |
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(2) enforcement of those standards; |
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(3) registration of qualified inspectors and |
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contractors; |
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(4) the form of inspection documents, contractor |
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reports, and certificates of compliance; |
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(5) notification to building owners, architects, and |
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other building industry professionals regarding the necessity of |
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annually inspecting equipment; |
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(6) approval of continuing education programs for |
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registered QEI-1 certified inspectors; [and] |
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(7) standards of conduct for individuals who are |
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registered under this subchapter; |
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(8) general liability insurance as a condition of |
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contractor registration with coverage of not less than: |
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(A) $1 million for each single occurrence of |
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bodily injury or death; and |
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(B) $500,000 for each single occurrence of |
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property damage; |
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(9) the submission and review of plans for the |
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installation or alteration of equipment; and |
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(10) continuing education requirements for renewal of |
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contractor registration. |
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(b) The commission by rule may not: |
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(1) require inspections of equipment to be made more |
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often than every 12 months, except as provided by Subsection (c); |
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(2) require persons to post a bond or furnish |
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insurance or to have minimum experience or education as a condition |
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of certification or registration, except as otherwise provided by |
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this chapter; |
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[(3)
require building owners to submit to the
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department proposed plans for equipment installation or
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alteration;] or |
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(3) [(4)] prohibit a QEI-1 certified inspector who is |
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registered with the department from inspecting equipment. |
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(d) The executive director may charge a reasonable fee as |
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set by the commission for: |
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(1) registering or renewing registration of an |
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inspector; |
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(2) registering or renewing registration of a |
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contractor; |
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(3) applying for a certificate of compliance; |
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(4) filing an inspection report as required by Section |
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754.019(a)(3), 30 days or more after the date the report is due, for |
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each day the report remains not filed after the date the report is |
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due; |
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(5) submitting for review plans for the installation |
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or alteration of equipment; |
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(6) reviewing and approving continuing education |
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providers and courses for renewal of contractor registration; |
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(7) applying for a waiver, variance, or delay; and |
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(8) [(6)] attending a continuing education program |
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sponsored by the department for registered QEI-1 inspectors. |
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SECTION 2. Section 754.0171(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) A contractor shall submit an application for |
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registration or renewal of registration, as applicable, and pay |
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appropriate fees to the department. The registration application |
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form shall [may] require: |
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(1) information concerning the background, |
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experience, and [or] identity of the applicant; |
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(2) designation of and information regarding the |
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responsible party or parties under Section 754.0173; and |
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(3) documentation of fulfillment of the continuing |
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education requirements for renewal of registration, if applicable. |
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SECTION 3. Subchapter B, Chapter 754, Health and Safety |
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Code, is amended by adding Sections 754.0173 and 754.0174 to read as |
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follows: |
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Sec. 754.0173. DESIGNATION OF RESPONSIBLE PARTY OR PARTIES. |
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(a) Each contractor who registers with the department must |
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designate at least one but not more than two responsible parties. |
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(b) A responsible party designated under this section must: |
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(1) have a minimum of three years of elevator |
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contractor experience related to elevator installation, repair, |
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and maintenance; and |
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(2) comply with continuing education requirements as |
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determined by commission rule in order for an elevator contractor |
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to renew an elevator contractor registration. |
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(c) The commission shall adopt rules regarding |
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documentation of the completion of the continuing education to |
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accompany the application for registration. |
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(d) A responsible party may be added to or removed from the |
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registration at any time by providing written notice to the |
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department. If a responsible party is added to a registration, the |
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written notice must include evidence that the responsible party |
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meets the requirements of this section. |
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Sec. 754.0174. CONTINUING EDUCATION FOR RENEWAL OF |
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CONTRACTOR REGISTRATIONS. (a) Each contractor's responsible party |
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must complete continuing education requirements set by commission |
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rule before the contractor may renew the contractor's registration. |
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(b) A provider of continuing education under this section |
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must: |
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(1) register with the department; and |
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(2) comply with rules adopted by the commission |
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relating to continuing education for a designated responsible |
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party. |
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SECTION 4. The Texas Commission of Licensing and Regulation |
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shall adopt the rules required by Sections 754.015(a)(8), (9), and |
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(10), Health and Safety Code, as added by this Act, not later than |
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June 1, 2012. |
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SECTION 5. (a) The rules adopted under Section |
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754.015(a)(8), Health and Safety Code, as added by this Act, apply |
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only to an application or renewal application for registration of a |
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contractor filed on or after September 1, 2012. An application or |
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renewal application for registration of a contractor filed before |
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that date is governed by the law in effect immediately before the |
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effective date of this Act, and the former law is continued in |
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effect for that purpose. |
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(b) The rules adopted under Section 754.015(a)(9), Health |
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and Safety Code, as added by this Act, apply only to installation or |
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alteration of equipment performed under a contract or work order |
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entered into or issued on or after September 1, 2012. Installation |
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or alteration of equipment performed under a contract or work order |
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entered into or issued before September 1, 2012, is governed by the |
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law in effect immediately before the effective date of this Act, and |
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the former law is continued in effect for that purpose. |
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(c) Section 754.0173, Health and Safety Code, as added by |
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this Act, applies only to a registration issued or renewed on or |
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after September 1, 2012. A registration issued or renewed before |
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September 1, 2012, is covered by the law in effect immediately |
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before the effective date of this Act, and the former law is |
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continued in effect for that purpose. |
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(d) Section 754.0174, Health and Safety Code, as added by |
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this Act, and the rules adopted under Section 754.015(a)(10), |
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Health and Safety Code, as added by this Act, apply only to a |
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registration that is renewed on or after January 1, 2013. A |
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registration that is renewed before January 1, 2013, is covered by |
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the law in effect immediately before the effective date of this Act, |
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and the former law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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