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A BILL TO BE ENTITLED
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AN ACT
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relating to elevator inspection requirements in buildings with four |
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stories or less. |
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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) and (c), Health and Safety |
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Code, are amended to read as follows: |
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(a) The commission by rule shall provide for: |
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(1) except as provided by Subdivision (2), an annual |
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inspection and certification of the equipment covered by standards |
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adopted under this chapter; |
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(2) to the extent authorized by rules adopted under |
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the Americans with Disabilities Act of 1990 (42 U.S.C. Section |
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12101 et seq.) and by other federal law, an elevator inspection at |
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least every five years of a building with not more than four stories |
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and for certification of each elevator in the building; |
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(3) enforcement of the [those] standards adopted under |
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this chapter; |
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(4) [(3)] registration, including certification, of |
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elevator inspectors; |
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(5) [(4)] registration of contractors; |
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(6) [(5)] the procedures by which a certificate of |
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compliance is issued and displayed; |
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(7) [(6)] notification to building owners, |
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architects, and other building industry professionals regarding |
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the necessity of annually inspecting equipment; |
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(8) [(7)] approval of continuing education programs |
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for registered elevator inspectors; |
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(9) [(8)] standards of conduct for individuals who are |
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registered under this chapter; |
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(10) [(9)] general liability insurance written by an |
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insurer authorized to engage in the business of insurance in this |
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state or an eligible surplus lines insurer, as defined by Section |
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981.002, Insurance Code, as a condition of contractor registration |
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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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(11) [(10)] the submission and review of plans for the |
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installation or alteration of equipment; |
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(12) [(11)] continuing education requirements for |
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renewal of contractor registration; |
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(13) [(12)] maintenance control programs, |
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maintenance, repair, and parts manuals, and product-specific |
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inspection, testing, and maintenance procedures; |
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(14) [(13)] the method and manner of reporting |
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accidents and reportable conditions to the department; and |
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(15) [(14)] an owner's designation of an agent for |
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purposes of this chapter. |
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(c) The commission by rule may require a reinspection or |
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recertification of equipment if: |
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(1) the equipment has been altered; |
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(2) the equipment poses a significant threat to |
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passenger or worker safety; or |
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(3) an [annual] inspection report indicates an |
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existing violation has continued longer than permitted in a delay |
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granted by the executive director. |
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SECTION 2. Section 754.0235(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) An emergency order issued in accordance with Section |
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754.0234 may also direct an owner to disconnect power to or lock out |
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equipment if: |
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(1) the department determines imminent and |
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significant danger to passenger or worker safety exists if action |
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is not taken immediately; [or] |
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(2) an annual inspection described by Section |
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754.015(a)(1) has not been performed in more than two years; or |
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(3) an inspection described by Section 754.015(a)(2) |
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has not been performed in more than six years. |
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SECTION 3. As soon as practicable after the effective date |
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of this Act, the Texas Commission of Licensing and Regulation shall |
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adopt rules necessary to implement the change in law made by this |
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Act. |
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SECTION 4. This Act takes effect September 1, 2023. |