BILL ANALYSIS

 

 

 

C.S.H.B. 2186

By: Hernandez

Licensing & Administrative Procedures

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

The bill author has informed the committee that elevators and escalators move more people than any other form of transportation on a daily basis, allowing individuals to travel 2.55 billion miles annually in the U.S. alone. The bill author has also informed the committee that, given the complex and potentially dangerous nature of elevators, there have been calls to ensure safety in the elevator industry through required training and qualifications for individuals directly involved in the installation, servicing, repair, and modernization of elevators and escalators. The bill author has further informed the committee that currently, an individual must only submit an application, pay a required fee, show proof of general liability, and designate at least one but not more than two responsible parties to register as an elevator contractor in Texas and that no educational background is required to obtain permission to perform installations, alterations, testing, repairs, or maintenance on an elevator, escalator, or related equipment. C.S.H.B. 2186 seeks to address this issue by providing for the registration and certification of elevator mechanics, requiring contractors to use registered elevator mechanics, and creating a pathway to registration through elevator apprenticeship.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that rulemaking authority is expressly granted to the Texas Commission of Licensing and Regulation in SECTIONS 2 and 3 of this bill.

 

ANALYSIS

 

C.S.H.B. 2186 amends the Health and Safety Code to require the Texas Commission of Licensing and Regulation (TCLR) by rule to provide for the registration, including certification, of elevator mechanics, defined by the bill as individuals who are engaged in erecting, constructing, installing, altering, servicing, repairing, or maintaining equipment, and elevator apprentices, defined by the bill as individuals who assist an elevator mechanic or contractor in erecting, constructing, installing, altering, servicing, repairing, or maintaining equipment. The bill prohibits an individual from erecting, constructing, installing, altering, servicing, repairing, or maintaining equipment unless the individual is registered as an elevator mechanic with the Texas Department of Licensing and Regulation (TDLR). The bill requires an applicant for elevator mechanic registration or registration renewal to submit an application to TDLR in the form and manner TDLR prescribes and to submit the following with the application:

·       a certificate of completion or proof of a certificate of completion from one of the following:

o   a nationally recognized training program for the elevator industry;

o   an elevator constructor apprenticeship program approved by the U.S. Department of Labor or a similar federal program for other equipment; or

o   an equivalent program acceptable to TDLR; or

·       verifiable evidence in the form and manner TDLR prescribes that the applicant has at least five years of experience erecting, constructing, installing, altering, servicing, repairing, or maintaining equipment.

 

C.S.H.B. 2186 requires an applicant for registration renewal to submit with the application proof of completion of continuing education related to the erection, construction, installation, alteration, servicing, repair, or maintenance of equipment in accordance with TCLR rule. The bill requires TCLR to adopt rules on issuance of a limited elevator mechanic registration, including rules on the qualifications required for the limited elevator mechanic registration and rules to restrict the scope and location of practice of an elevator mechanic who receives a limited elevator mechanic registration. A registration issued under these provisions expires on the first anniversary of the date of issuance. The bill prohibits a registered elevator mechanic from supervising more than one elevator apprentice registered under the bill's provisions.

 

C.S.H.B. 2186 prohibits an individual from assisting an elevator mechanic or contractor in erecting, constructing, installing, altering, servicing, repairing, or maintaining equipment unless the individual meets the following criteria:

·       is registered as an elevator apprentice as provided by the bill; and

·       is employed by a contractor registered under provisions regulating elevators, escalators, and related equipment and supervised by a registered elevator mechanic.

The bill requires an applicant for elevator apprentice registration or registration renewal to submit an application to TDLR in the form and manner TDLR prescribes and to submit with the application proof of completion of continuing education related to the erection, construction, installation, alteration, servicing, repair, or maintenance of equipment in accordance with TCLR rule. A registration issued under these provisions expires on the first anniversary of the date of issuance.

 

C.S.H.B. 2186 clarifies that a contractor, for purposes of provisions regulating elevators, escalators, and related equipment, is a person engaged in the business of installation, alteration, testing, repair, or maintenance of equipment and reflects that clarification in provisions relating to contractor registration with TDLR. The bill prohibits a contractor from employing, contracting with, or obtaining the services of a person to install, alter, test, repair, or maintain equipment on the contractor's behalf unless the person is registered as an elevator mechanic or elevator apprentice under the bill's provisions. The bill requires the executive director of TDLR to include elevator mechanics and elevator apprentices registered with TDLR in its compiled list of entities registered with TDLR.

 

C.S.H.B. 2186 requires TCLR to adopt the rules required by the bill's provisions relating to elevator mechanic and elevator apprentice registration not later than September 1, 2027, and requires TCLR to adopt the rules required by the bill's provisions relating to such registration renewal as soon as practicable after the bill's effective date. The bill establishes that an individual is not required to comply with the bill's provisions relating to elevator mechanic and elevator apprentice registration requirements until November 1, 2027.

 

C.S.H.B. 2186 applies only to an application or renewal application for registration as a contractor filed on or after November 1, 2027. An application or renewal application for registration as a contractor filed before November 1, 2027, is governed by the law in effect immediately before the bill's effective date, and that law is continued in effect for that purpose. The bill entitles an individual who has engaged in the practice of erecting, constructing, installing, altering, servicing, repairing, or maintaining equipment in Texas for at least five years preceding the bill's effective date to obtain a registration under the bill's provisions if the person completes the following before September 1, 2027:

·       submits an application in the form and manner TDLR prescribes; and

·       pays the required registration fee.

 

EFFECTIVE DATE

 

September 1, 2025.

 

COMPARISON OF INTRODUCED AND SUBSTITUTE

 

While C.S.H.B. 2186 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

 

Whereas the introduced required TCLR to adopt rules necessary to implement the changes in law made by the bill's provisions not later than March 31, 2026, the substitute requires TCLR to adopt the rules required by the bill's provisions relating to elevator mechanic and elevator apprentice registration not later than September 1, 2027, and requires TCLR to adopt the rules required by the bill's provisions relating to such registration renewal as soon as practicable after the bill's effective date. The substitute changes the date on which an individual is required to comply with provisions relating to elevator mechanic and elevator apprentice registration requirements from November 1, 2026, as in the introduced, to November 1, 2027.

 

Whereas the introduced makes the bill's provisions applicable to an application or renewal application for registration as a contractor that is filed on or after November 1, 2026, the substitute makes the bill's provisions applicable to such an application or renewal application that is filed on or after November 1, 2027. With respect to the provision in the introduced requiring a person who has engaged in the practice of erecting, constructing, installing, altering, servicing, repairing, or maintaining equipment in Texas for at least five years preceding the bill's effective date to submit an application in the form and manner TDLR prescribes and pay the required registration fee to be entitled to obtain a registration under the bill's provisions, the substitute changes the deadline from before September 1, 2026, as in the introduced, to before September 1, 2027.