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A BILL TO BE ENTITLED
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AN ACT
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relating to semiannual inspections for elevators, escalators, and |
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related equipment. |
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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 adding Subdivision (21-a) to read as follows: |
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(21-a) "Semiannual inspection" means an inspection of |
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equipment performed twice in a 12-month period in accordance with |
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the applicable ASME Code A17.1, ASME Code A17.3, ASME Code A18.1, or |
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ASCE Code 21. The term includes an acceptance inspection performed |
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within that period. |
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SECTION 2. 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) a semiannual [an annual] inspection and |
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certification of the equipment covered by standards adopted under |
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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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semiannually [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; |
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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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(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) a semiannual [an annual] inspection report |
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indicates an existing violation has continued longer than permitted |
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in a delay granted by the executive director. |
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SECTION 3. Section 754.019(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The owner shall: |
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(1) have the equipment inspected semiannually |
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[annually] by a registered elevator inspector, unless the equipment |
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has been removed from service in accordance with commission rules; |
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(2) obtain an inspection report from the inspector |
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evidencing that all equipment in a building on the real property was |
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inspected in accordance with this chapter and rules adopted under |
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this chapter; |
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(3) file with the executive director each inspection |
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report, and all applicable fees, not later than the 30th calendar |
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day after the date on which an inspection is made under this |
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chapter; |
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(4) display the certificate of compliance for the |
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equipment in a publicly visible area as defined by commission rule; |
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and |
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(5) maintain the equipment in compliance with the |
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standards and codes adopted under commission rules. |
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SECTION 4. 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) a semiannual [an annual] inspection has not been |
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performed in more than two years. |
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SECTION 5. Section 754.011(4), Health and Safety Code, is |
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repealed. |
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SECTION 6. This Act takes effect September 1, 2025. |