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A BILL TO BE ENTITLED
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AN ACT
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relating to standards for and regulation of elevators, escalators, |
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and similar equipment in single-family dwellings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 754.013, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 754.013. BOARD DUTIES. To protect public safety and to |
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identify and correct potential hazards, the board shall advise the |
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commission on: |
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(1) the adoption of appropriate standards for the |
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installation, maintenance, alteration, operation, testing, and |
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inspection of equipment; |
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(2) the status of equipment used by the public in this |
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state; |
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(3) sources of information relating to equipment |
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safety; |
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(4) public awareness programs related to equipment |
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[elevator] safety, including programs for sellers and buyers of |
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single-family dwellings with equipment [elevators, chairlifts, or |
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platform lifts]; and |
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(5) any other matter considered relevant by the |
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commission. |
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SECTION 2. Section 754.0141, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 754.0141. STANDARDS FOR EQUIPMENT IN SINGLE-FAMILY |
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DWELLINGS; REQUIRED INFORMATION. (a) Equipment [Elevators, |
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chairlifts, or platform lifts] installed in a single-family |
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dwelling on or after January 1, 2004, must comply with the ASME Code |
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A17.1 or A18.1, as applicable. Equipment installed or altered in a |
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single-family dwelling[, and] must be inspected by a registered |
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elevator inspector after the installation or alteration is |
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complete. The inspector shall provide the dwelling owner a copy of |
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the inspection report. |
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(b) The commission shall adopt rules containing minimum |
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safety standards for: |
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(1) [that must be used by] registered elevator |
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inspectors to use when inspecting equipment installed in |
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single-family dwellings; and |
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(2) registered contractors to use when installing, |
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altering, testing, or removing from service any unit of equipment |
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[elevators, chairlifts, and platform lifts] installed in |
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single-family dwellings. |
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(b-1) The rules adopted under Subsection (b) must require a |
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registered contractor to submit to the department for the |
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department's review plans for installing or altering any equipment |
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in a single-family dwelling. |
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(c) A municipality may withhold a certificate of occupancy |
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for a dwelling or for the installation or alteration of equipment |
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[the elevator or chairlift] until the owner provides a copy of the |
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inspection report to the municipality. |
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(d) A registered elevator inspector or registered |
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contractor who removes from service [is not required to report to |
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the department any information concerning] equipment in a |
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single-family dwelling shall provide documentation of the removal |
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to the dwelling owner and the department [or the contractor's work |
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on the equipment]. |
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(e) On completing installation or alteration of equipment |
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in a single-family dwelling, a registered contractor shall provide |
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the dwelling owner with relevant information, in writing, about |
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use, safety, and maintenance of the equipment, including the |
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advisability of having the equipment annually [periodically and |
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timely] inspected by a registered elevator inspector. |
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(f) An inspection by a registered elevator inspector of |
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equipment in a single-family dwelling may be performed only at the |
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request and with the consent of the owner. The owner of a |
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single-family dwelling is not subject to Section 754.019, 754.0231, |
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754.0232, 754.0233, 754.0234, or 754.0235. |
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(g) A registered contractor who installs or alters an |
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elevator in a single-family dwelling shall: |
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(1) ensure the space between the hoistway face of the |
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landing door or gate and the hoistway face of the car door or gate |
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does not exceed four inches; and |
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(2) as necessary install a space guard or equivalent |
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product that ensures the space requirement of Subdivision (1) is |
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satisfied. |
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SECTION 3. Section 754.015(a), Health and Safety Code, is |
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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 chapter; |
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(2) enforcement of those standards; |
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(3) registration, including certification, of |
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elevator inspectors; |
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(4) registration of contractors; |
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(5) the procedures by which a certificate of |
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compliance is issued and displayed; |
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(6) 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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(7) approval of continuing education programs for |
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registered elevator inspectors; |
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(8) standards of conduct for individuals who are |
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registered under this chapter; |
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(9) general liability insurance written by an insurer |
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authorized to engage in the business of insurance in this state or |
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an eligible surplus lines insurer, as defined by Section 981.002, |
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Insurance Code, as a condition of contractor registration with |
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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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(10) the submission and review of plans for the |
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installation or alteration of equipment, including equipment in a |
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single-family dwelling; |
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(11) continuing education requirements for renewal of |
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contractor registration; |
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(12) maintenance control programs, maintenance, |
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repair, and parts manuals, and product-specific inspection, |
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testing, and maintenance procedures; |
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(13) the method and manner of reporting accidents and |
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reportable conditions to the department; and |
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(14) an owner's designation of an agent for purposes of |
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this chapter. |
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SECTION 4. Section 754.026, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 754.026. DISCLOSURE OF E-MAIL ADDRESS. (a) Except as |
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provided by Subsection (b) and notwithstanding [Notwithstanding] |
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any other law, an e-mail address provided to the department |
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relating to an inspection or review of plans under this chapter is |
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not confidential and is subject to disclosure under Chapter 552, |
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Government Code. |
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(b) Subsection (a) does not apply to an e-mail address |
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provided to the department relating to an inspection or review of |
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plans for single-family dwellings. |
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SECTION 5. Effective January 1, 2022, Section 754.0111(b), |
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Health and Safety Code, is repealed. |
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SECTION 6. Except as otherwise provided by this Act, this |
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Act takes effect September 1, 2021. |