By: Carona S.B. No. 540
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation, registration, and certification of
  inspectors for elevators, escalators, and related equipment.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (a), Section 754.012, Health and
  Safety Code, is amended to read as follows:
         (a)  The elevator advisory board is composed of nine members
  appointed by the presiding officer of the commission, with the
  commission's approval, as follows:
               (1)  a representative of the insurance industry or a
  registered [certified] elevator inspector;
               (2)  a representative of equipment constructors;
               (3)  a representative of owners or managers of a
  building having fewer than six stories and having equipment;
               (4)  a representative of owners or managers of a
  building having six stories or more and having equipment;
               (5)  a representative of independent equipment
  maintenance companies;
               (6)  a representative of equipment manufacturers;
               (7)  a licensed or registered engineer or architect;
               (8)  a public member; and
               (9)  a public member with a physical disability.
         SECTION 2.  Subsections (a), (b), (c), (e), and (f), Section
  754.0141, Health and Safety Code, are amended to read as follows:
         (a)  Elevators, chairlifts, or platform lifts installed in a
  single-family dwelling on or after January 1, 2004, must comply
  with the ASME Code A17.1 or A18.1, as applicable, and must be
  inspected by a registered elevator [QEI-1 certified] inspector
  after the installation is complete. The inspector shall provide
  the dwelling owner a copy of the inspection report.
         (b)  The commission shall[, before January 1, 2004,] adopt
  rules containing minimum safety standards that must be used by
  registered elevator [QEI-1 certified] inspectors when inspecting
  elevators, chairlifts, and platform lifts installed in
  single-family dwellings.
         (c)  A municipality may withhold a certificate of occupancy
  for a dwelling or for the installation of the elevator or chairlift
  until the owner provides a copy of the [QEI-1] inspection report to
  the municipality.
         (e)  On completing installation of equipment in a
  single-family dwelling, a contractor shall provide the dwelling
  owner with relevant information, in writing, about use, safety, and
  maintenance of the equipment, including the advisability of having
  the equipment periodically and timely inspected by a registered
  elevator [QEI-1 certified] inspector.
         (f)  An inspection by a registered elevator [QEI-1
  certified] inspector of equipment in a single-family dwelling may
  be performed only at the request and with the consent of the owner.
  The owner of a single-family dwelling is not subject to Section
  754.022, 754.023, or 754.024.
         SECTION 3.  Subsections (a), (b), and (d), Section 754.015,
  Health and Safety Code, are amended to read as follows:
         (a)  The commission by rule shall provide for:
               (1)  an annual inspection and certification of the
  equipment covered by standards adopted under this subchapter;
               (2)  enforcement of those standards;
               (3)  registration, including certification, of
  elevator [qualified] inspectors [and contractors];
               (4)  registration of contractors;
               (5)  the form of inspection documents, contractor
  reports, and certificates of compliance;
               (6) [(5)]  notification to building owners,
  architects, and other building industry professionals regarding
  the necessity of annually inspecting equipment;
               (7) [(6)]  approval of continuing education programs
  for registered elevator [QEI-1 certified] inspectors;
               (8) [(7)]  standards of conduct for individuals who are
  registered under this subchapter;
               (9) [(8)]  general liability insurance as a condition
  of contractor registration with coverage of not less than:
                     (A)  $1 million for each single occurrence of
  bodily injury or death; and
                     (B)  $500,000 for each single occurrence of
  property damage;
               (10) [(9)]  the submission and review of plans for the
  installation or alteration of equipment; and
               (11) [(10)]  continuing education requirements for
  renewal of contractor registration.
         (b)  The commission by rule may not:
               (1)  require inspections of equipment to be made more
  often than every 12 months, except as provided by Subsection (c); or
               (2)  require persons to post a bond or furnish
  insurance or to have minimum experience or education as a condition
  of certification or registration, except as otherwise provided by
  this chapter[; or
               [(3)     prohibit a QEI-1 certified inspector who is
  registered with the department from inspecting equipment].
         (d)  The executive director may charge a reasonable fee as
  set by the commission for:
               (1)  registering or renewing registration of an
  elevator 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)  submitting for review plans for the installation
  or alteration of equipment;
               (6)  reviewing and approving continuing education
  providers and courses for renewal of elevator inspector and 
  contractor registrations [registration];
               (7)  applying for a waiver, variance, or delay; and
               (8)  attending a continuing education program
  sponsored by the department for registered elevator [QEI-1]
  inspectors.
         SECTION 4.  Subsections (b) and (c), Section 754.016, Health
  and Safety Code, are amended to read as follows:
         (b)  A registered elevator [An] inspector shall date and sign
  an inspection report and shall issue the report to the building
  owner not later than the 10th calendar day after the date of
  inspection.
         (c)  The executive director shall date and sign a certificate
  of compliance and shall issue the certificate to the building
  owner. The certificate of compliance shall state:
               (1)  that the equipment has been inspected by a
  registered elevator [certified] inspector and found by the
  inspector to be in compliance, except for any delays or waivers
  granted by the executive director and stated in the certificate;
               (2)  the date of the last inspection and the due date
  for the next inspection; and
               (3)  contact information at the department to report a
  violation of this subchapter.
         SECTION 5.  The heading to Section 754.017, Health and
  Safety Code, is amended to read as follows:
         Sec. 754.017.  REGISTERED ELEVATOR [CERTIFIED] INSPECTORS.
         SECTION 6.  Subsections (a), (b), and (d), Section 754.017,
  Health and Safety Code, are amended to read as follows:
         (a)  In order to inspect equipment, an individual must:
               (1)  be registered with the department;
               (2)  attend educational programs approved by the
  department;
               (3)  be certified as an [a QEI-1] inspector in
  accordance with the rules adopted by the commission [by an
  organization accredited by the American Society of Mechanical
  Engineers]; [and]
               (4)  comply with the continuing education requirements
  established by commission rule for registration renewal; and
               (5)  pay all applicable fees.
         (b)  A person assisting a registered elevator [certified]
  inspector and working under the direct, on-site supervision of the
  inspector is not required to be registered [certified].
         (d)  A registered elevator [certified] inspector may not
  inspect equipment if the inspector or the inspector's employer has
  a financial or personal conflict of interest or the appearance of
  impropriety related to the inspection of that equipment [may not be
  required to attend more than seven hours of continuing education
  during each licensing period].
         SECTION 7.  The heading to Section 754.0174, Health and
  Safety Code, is amended to read as follows:
         Sec. 754.0174.  CONTINUING EDUCATION FOR RENEWAL OF ELEVATOR
  INSPECTOR AND CONTRACTOR REGISTRATIONS.
         SECTION 8.  Section 754.0174, Health and Safety Code, is
  amended by adding Subsection (a-1) and amending Subsection (b) to
  read as follows:
         (a-1)  Each registered elevator inspector must complete
  continuing education requirements set by commission rule before the
  inspector may renew the inspector's registration.
         (b)  A provider of continuing education under this section
  must:
               (1)  register with the department; and
               (2)  comply with rules adopted by the commission
  relating to continuing education for a registered elevator
  inspector or designated responsible party, as applicable.
         SECTION 9.  Subsections (a) and (b), Section 754.019, Health
  and Safety Code, are amended to read as follows:
         (a)  The owner of real property on which equipment covered by
  this subchapter is located shall:
               (1)  have the equipment inspected annually by a
  registered elevator [certified] inspector;
               (2)  obtain an inspection report from the inspector
  evidencing that all equipment in a building on the real property was
  inspected in accordance with this subchapter and rules adopted
  under this subchapter;
               (3)  file with the executive director each inspection
  report, and all applicable fees, not later than the 60th day after
  the date on which an inspection is made under this subchapter;
               (4)  display the certificate of compliance:
                     (A)  in a publicly visible area of the building,
  as determined by commission rule under Section 754.016, if the
  certificate relates to an elevator;
                     (B)  in the escalator box if the certificate
  relates to an escalator; or
                     (C)  in a place designated by the executive
  director if the certificate relates to equipment other than an
  elevator or escalator; and
               (5)  display the inspection report at the locations
  designated in Subdivision (4) until a certificate of compliance is
  issued.
         (b)  When an inspection report is filed, the owner shall
  submit to the executive director, as applicable:
               (1)  verification that any deficiencies in the
  registered elevator inspector's report have been remedied or that a
  bona fide contract to remedy the deficiencies has been entered
  into; or
               (2)  any application for delay or waiver of an
  applicable standard.
         SECTION 10.  Section 754.020, Health and Safety Code, is
  amended to read as follows:
         Sec. 754.020.  CHIEF ELEVATOR INSPECTOR. The executive
  director may appoint a chief elevator inspector to administer the
  equipment inspection and registration program. The chief elevator
  inspector:
               (1)  may not have a financial or commercial interest in
  the manufacture, maintenance, repair, inspection, installation, or
  sale of equipment; and
               (2)  must possess the [a QEI-1] certification or obtain
  the certification required under Section 754.017 within six months
  after becoming chief elevator inspector.
         SECTION 11.  Section 754.021, Health and Safety Code, is
  amended to read as follows:
         Sec. 754.021.  LIST OF REGISTERED ELEVATOR INSPECTORS AND
  CONTRACTORS. The executive director shall:
               (1)  compile a list of elevator [certified] inspectors
  and contractors who are registered with the department; and
               (2)  employ personnel who are necessary to enforce this
  subchapter.
         SECTION 12.  Subsection (k), Section 754.023, Health and
  Safety Code, is amended to read as follows:
         (k)  If an emergency order to disconnect power or lock out
  equipment is issued, the building owner or manager may have the
  power reconnected or the equipment unlocked only if:
               (1)  a registered elevator inspector, a registered [or]
  contractor, or a department representative has filed a written form
  with the department verifying the imminent and significant danger
  has been removed by repair, replacement, or other means; and
               (2)  the building owner, before the reconnection of
  power or unlocking of equipment, reimburses the department for all
  expenses incurred relating to the disconnection of power or
  lockout.
         SECTION 13.  (a)  The Texas Commission of Licensing and
  Regulation shall adopt the rules necessary to implement Chapter
  754, Health and Safety Code, as amended by this Act, not later than
  January 1, 2014.
         (b)  The changes in law made by this Act apply only to an
  application submitted to the Texas Department of Licensing and
  Regulation on or after January 1, 2014, for an elevator inspector
  registration or for renewal of an elevator inspector registration
  with an expiration date on or after January 1, 2014. An application
  for an elevator inspector registration or for renewal of an
  elevator inspector registration with an expiration date on or after
  January 1, 2014, that is submitted before January 1, 2014, is
  governed by the law in effect immediately before the effective date
  of this Act, and that law is continued in effect for that purpose.
         (c)  Subsection (a), Section 754.012, Health and Safety
  Code, as amended by this Act, applies only to a member appointed to
  the elevator advisory board on or after January 1, 2014.
         SECTION 14.  This Act takes effect September 1, 2013.