BILL ANALYSIS

 

 

Senate Research Center

H.B. 3848

 

By: Hernandez (Blanco)

 

Business & Commerce

 

5/21/2025

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The Texas Department of Licensing and Regulation (TDLR) has expressed concerns that elevator and escalator inspection reports cannot be filed in an efficient manner due to current restrictions on electronic submission. H.B. 3848 seeks to add clarity and reduce administrative burdens in supporting the safety of elevator and escalator equipment by allowing reports and related documentation to be considered filed by the date of electronic submission and by giving TDLR greater flexibility in the rulemaking process for electronic filings.

 

H.B. 3848 amends current law relating to the electronic submission of inspection reports and filing fees for the inspection of elevators, escalators, and related equipment.

 

RULEMAKING AUTHORITY

 

Rulemaking authority is expressly granted to the Texas Commission of Licensing and Regulation in SECTION 1 (Section 754.015, Health and Safety Code) of this bill.

 

Rulemaking authority previously granted to the Texas Commission of Licensing and Regulation is modified in SECTION 1 (Section 754.015, Health and Safety Code) of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 754.015, Health and Safety Code, by amending Subsection (e) and adding Subsection (f), as follows:

 

(e) Authorizes the Texas Commission of Licensing and Regulation (TCLR) by rule to require or permit inspection reports, other documents, and fees to be filed in a manner prescribed by the Texas Department of Licensing and Regulation (TDLR), including electronically.

 

(f) Requires TCLR by rule, notwithstanding any other provision of Chapter 754 (Elevators, Escalators, and Related Equipment), for a building with four stories or less, to authorize the inspection and certification of equipment once every five years instead of requiring an annual inspection.

 

SECTION 2. Amends Section 754.019(c), Health and Safety Code, as follows:

 

(c) Provides that, for the purpose of determining timely filing under Subsection (a)(3) (relating to requiring an owner to file an inspection report and fees with the executive director of TDLR following certain procedures) and Section 754.016(b) (relating to requiring a registered elevator inspector to issue an inspection report following certain procedures), an inspection report and filing fees are considered filed on the earlier of certain dates, including the date of electronic submission, if filed in an electronic manner prescribed by TDLR. Makes nonsubstantive changes.

 

SECTION 3. Effective date: September 1, 2025.