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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of elevator mechanics and contractors; |
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requiring an occupational registration. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 754.011, Health and Safety Code, is |
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amended by amending Subdivision (13) and adding Subdivision (14-a) |
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to read as follows: |
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(13) "Contractor" means a person engaged in the |
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business of installation, alteration, testing, repair, or |
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maintenance of equipment. The term does not include an employee of a |
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contractor or a person engaged in cleaning or any other work |
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performed on equipment that does not affect the operational safety |
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of the equipment or diminish the safety of the equipment below the |
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level required by the ASME Code A17.1, ASME Code A17.3, ASME Code |
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A18.1, or ASCE Code 21, as applicable. |
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(14-a) "Elevator mechanic" means an individual who is |
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engaged in erecting, constructing, installing, altering, |
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servicing, repairing, or maintaining equipment. |
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SECTION 2. Chapter 754, Health and Safety Code, is amended |
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by adding Section 754.0165 to read as follows: |
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Sec. 754.0165. ELEVATOR MECHANIC REGISTRATION. (a) An |
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individual may not erect, construct, install, alter, service, |
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repair, or maintain equipment unless the individual is: |
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(1) registered as an elevator mechanic with the |
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department as required by this section; or |
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(2) employed by a contractor registered under this |
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chapter and supervised by a registered elevator mechanic. |
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(b) An applicant for elevator mechanic registration or |
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renewal of registration, as applicable, shall submit an application |
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to the department in the form and manner prescribed by the |
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department. |
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(c) An applicant for a registration must submit with the |
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application a certificate of completion or proof of a certificate |
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of completion from: |
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(1) a nationally recognized training program for the |
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elevator industry; |
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(2) an elevator constructor apprenticeship program |
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approved by the United States Department of Labor or a similar |
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federal program for other equipment; or |
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(3) an equivalent program acceptable to the |
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department. |
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(d) An applicant for a renewal of registration must submit |
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with the application proof of completion of continuing education |
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related to the erection, construction, installation, alteration, |
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servicing, repair, or maintenance of equipment in accordance with |
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commission rule. |
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(e) A registration issued under this section expires on the |
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first anniversary of the date of issuance. |
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SECTION 3. Section 754.0171(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A person may not be engaged in the business of |
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installing, altering, testing, repairing, or maintaining [install, |
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repair, alter, test, or maintain] equipment without registering as |
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a contractor with the department as required by this chapter. |
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SECTION 4. Chapter 754, Health and Safety Code, is amended |
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by adding Section 754.01715 to read as follows: |
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Sec. 754.01715. CONTRACTOR RESPONSIBILITIES. A contractor |
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may not employ, contract with, or obtain the services of a person to |
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install, alter, test, repair, or maintain equipment on the |
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contractor's behalf unless the person is an elevator mechanic |
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registered under this chapter. |
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SECTION 5. The heading to Section 754.0174, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 754.0174. CONTINUING EDUCATION FOR RENEWAL OF ELEVATOR |
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INSPECTOR, ELEVATOR MECHANIC, AND CONTRACTOR REGISTRATIONS. |
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SECTION 6. Section 754.0174, Health and Safety Code, is |
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amended by adding Subsection (a-2) to read as follows: |
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(a-2) Each registered elevator mechanic must complete |
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continuing education requirements set by commission rule before the |
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elevator mechanic may renew the elevator mechanic's registration. |
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SECTION 7. Section 754.021, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 754.021. LIST OF REGISTERED ELEVATOR INSPECTORS, |
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ELEVATOR MECHANICS, AND CONTRACTORS; PERSONNEL. The executive |
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director shall: |
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(1) compile a list of elevator inspectors, elevator |
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mechanics, and contractors who are registered with the department; |
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and |
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(2) employ personnel who are necessary to enforce this |
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chapter. |
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SECTION 8. (a) The Texas Commission of Licensing and |
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Regulation shall adopt rules necessary to implement the changes in |
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law made by this Act not later than February 1, 2022. |
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(b) Notwithstanding Section 754.0165, Health and Safety |
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Code, as added by this Act, an individual is not required to comply |
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with that section until June 1, 2022. |
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SECTION 9. The changes in law made by this Act apply only to |
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an application or renewal application for registration as a |
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contractor under Chapter 754, Health and Safety Code, as amended by |
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this Act, filed on or after June 1, 2022. An application or renewal |
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application for registration as a contractor under that chapter |
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filed before June 1, 2022, is governed by the law in effect |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 10. This Act takes effect September 1, 2021. |