Bill Text: TX HB1485 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to the regulation of elevator mechanics, elevator apprentices, and contractors; requiring an occupational registration.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-04-29 - Statement(s) of vote recorded in Journal [HB1485 Detail]
Download: Texas-2021-HB1485-Comm_Sub.html
87R18524 MCF-F | |||
By: Turner of Tarrant | H.B. No. 1485 | ||
Substitute the following for H.B. No. 1485: | |||
By: Guillen | C.S.H.B. No. 1485 |
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relating to the regulation of elevator mechanics, elevator | ||
apprentices, and contractors; requiring an occupational | ||
registration. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 754.011, Health and Safety Code, is | ||
amended by amending Subdivision (13) and adding Subdivisions (14-a) | ||
and (14-b) to read as follows: | ||
(13) "Contractor" means a person engaged in the | ||
business of installation, alteration, testing, repair, or | ||
maintenance of equipment. The term does not include an employee of a | ||
contractor or a person engaged in cleaning or any other work | ||
performed on equipment that does not affect the operational safety | ||
of the equipment or diminish the safety of the equipment below the | ||
level required by the ASME Code A17.1, ASME Code A17.3, ASME Code | ||
A18.1, or ASCE Code 21, as applicable. | ||
(14-a) "Elevator apprentice" means an individual who | ||
assists an elevator mechanic or contractor in erecting, | ||
constructing, installing, altering, servicing, repairing, or | ||
maintaining equipment. | ||
(14-b) "Elevator mechanic" means an individual who is | ||
engaged in erecting, constructing, installing, altering, | ||
servicing, repairing, or maintaining equipment. | ||
SECTION 2. Section 754.015(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) The commission by rule shall provide for: | ||
(1) an annual inspection and certification of the | ||
equipment covered by standards adopted under this chapter; | ||
(2) enforcement of those standards; | ||
(3) registration, including certification, of | ||
elevator inspectors, elevator mechanics, and elevator apprentices; | ||
(4) registration of contractors; | ||
(5) the procedures by which a certificate of | ||
compliance is issued and displayed; | ||
(6) notification to building owners, architects, and | ||
other building industry professionals regarding the necessity of | ||
annually inspecting equipment; | ||
(7) approval of continuing education programs for | ||
registered elevator inspectors; | ||
(8) standards of conduct for individuals who are | ||
registered under this chapter; | ||
(9) general liability insurance written by an insurer | ||
authorized to engage in the business of insurance in this state or | ||
an eligible surplus lines insurer, as defined by Section 981.002, | ||
Insurance Code, as a condition of contractor registration with | ||
coverage of not less than: | ||
(A) $1 million for each single occurrence of | ||
bodily injury or death; and | ||
(B) $500,000 for each single occurrence of | ||
property damage; | ||
(10) the submission and review of plans for the | ||
installation or alteration of equipment; | ||
(11) continuing education requirements for renewal of | ||
contractor registration; | ||
(12) maintenance control programs, maintenance, | ||
repair, and parts manuals, and product-specific inspection, | ||
testing, and maintenance procedures; | ||
(13) the method and manner of reporting accidents and | ||
reportable conditions to the department; and | ||
(14) an owner's designation of an agent for purposes of | ||
this chapter. | ||
SECTION 3. Chapter 754, Health and Safety Code, is amended | ||
by adding Sections 754.0165 and 754.0166 to read as follows: | ||
Sec. 754.0165. ELEVATOR MECHANIC REGISTRATION. (a) An | ||
individual may not erect, construct, install, alter, service, | ||
repair, or maintain equipment unless the individual is: | ||
(1) registered as an elevator mechanic with the | ||
department as required by this section; or | ||
(2) employed by a contractor registered under this | ||
chapter and supervised by a registered elevator mechanic. | ||
(b) An applicant for elevator mechanic registration or | ||
renewal of registration, as applicable, shall submit an application | ||
to the department in the form and manner prescribed by the | ||
department. | ||
(c) An applicant for a registration must submit with the | ||
application: | ||
(1) a certificate of completion or proof of a | ||
certificate of completion from: | ||
(A) a nationally recognized training program for | ||
the elevator industry; | ||
(B) an elevator constructor apprenticeship | ||
program approved by the United States Department of Labor or a | ||
similar federal program for other equipment; or | ||
(C) an equivalent program acceptable to the | ||
department; or | ||
(2) verifiable evidence in the form and manner | ||
prescribed by the department that the applicant has five years of | ||
experience erecting, constructing, installing, altering, | ||
servicing, repairing, or maintaining equipment. | ||
(d) An applicant for a renewal of registration must 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 | ||
commission rule. | ||
(e) The commission by rule shall issue a limited elevator | ||
mechanic registration. The commission shall adopt rules to | ||
implement this subsection, including rules to: | ||
(1) establish the required qualifications for the | ||
limited elevator mechanic registration; and | ||
(2) restrict the scope and location of practice of an | ||
elevator mechanic who receives a limited elevator mechanic | ||
registration. | ||
(f) A registration issued under this section expires on the | ||
first anniversary of the date of issuance. | ||
Sec. 754.0166. ELEVATOR APPRENTICE REGISTRATION. (a) An | ||
individual may not assist an elevator mechanic or contractor in | ||
erecting, constructing, installing, altering, servicing, | ||
repairing, or maintaining equipment unless the individual is: | ||
(1) registered as an elevator apprentice as required | ||
by this section; or | ||
(2) employed by a contractor registered under this | ||
chapter and supervised by a registered elevator mechanic. | ||
(b) An applicant for elevator apprentice registration or | ||
renewal of registration, as applicable, shall submit an application | ||
to the department in the form and manner prescribed by the | ||
department. | ||
(c) An applicant for a renewal of registration must 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 | ||
commission rule. | ||
(d) A registration issued under this section expires on the | ||
first anniversary of the date of issuance. | ||
SECTION 4. Section 754.0171(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) A person may not be engaged in the business of | ||
installing, altering, testing, repairing, or maintaining [ |
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a contractor with the department as required by this chapter. | ||
SECTION 5. Chapter 754, Health and Safety Code, is amended | ||
by adding Section 754.01715 to read as follows: | ||
Sec. 754.01715. CONTRACTOR RESPONSIBILITIES. A contractor | ||
may not employ, contract with, or obtain the services of a person to | ||
install, alter, test, repair, or maintain equipment on the | ||
contractor's behalf unless the person is an elevator mechanic or | ||
elevator apprentice registered under this chapter. | ||
SECTION 6. The heading to Section 754.0174, Health and | ||
Safety Code, is amended to read as follows: | ||
Sec. 754.0174. CONTINUING EDUCATION FOR RENEWAL OF ELEVATOR | ||
INSPECTOR, ELEVATOR MECHANIC, ELEVATOR APPRENTICE, AND CONTRACTOR | ||
REGISTRATIONS. | ||
SECTION 7. Section 754.0174, Health and Safety Code, is | ||
amended by adding Subsection (a-2) to read as follows: | ||
(a-2) Each registered elevator mechanic and elevator | ||
apprentice must complete continuing education requirements set by | ||
commission rule before the elevator mechanic or elevator apprentice | ||
may renew the elevator mechanic's or elevator apprentice's | ||
registration. | ||
SECTION 8. Section 754.021, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 754.021. LIST OF REGISTERED ELEVATOR INSPECTORS, | ||
ELEVATOR MECHANICS, ELEVATOR APPRENTICES, AND CONTRACTORS; | ||
PERSONNEL. The executive director shall: | ||
(1) compile a list of elevator inspectors, elevator | ||
mechanics, elevator apprentices, and contractors who are | ||
registered with the department; and | ||
(2) employ personnel who are necessary to enforce this | ||
chapter. | ||
SECTION 9. (a) The Texas Commission of Licensing and | ||
Regulation shall adopt rules necessary to implement the changes in | ||
law made by this Act not later than March 31, 2022. | ||
(b) Notwithstanding Section 754.0165 or 754.0166, Health | ||
and Safety Code, as added by this Act, an individual is not required | ||
to comply with those sections until November 1, 2022. | ||
SECTION 10. The changes in law made by this Act apply only | ||
to an application or renewal application for registration as a | ||
contractor under Chapter 754, Health and Safety Code, as amended by | ||
this Act, filed on or after November 1, 2022. An application or | ||
renewal application for registration as a contractor under that | ||
chapter filed before November 1, 2022, is governed by the law in | ||
effect immediately before the effective date of this Act, and that | ||
law is continued in effect for that purpose. | ||
SECTION 11. An individual who has engaged in the practice of | ||
erecting, constructing, installing, altering, servicing, | ||
repairing, or maintaining equipment as defined by Section 754.011, | ||
Health and Safety Code, in this state for at least five years | ||
preceding the effective date of this Act is entitled to obtain a | ||
registration under Section 754.0165, Health and Safety Code, as | ||
added by this Act, if before September 1, 2022, the person: | ||
(1) submits an application in the form and manner | ||
prescribed by the Texas Department of Licensing and Regulation; and | ||
(2) pays the required registration fee. | ||
SECTION 12. This Act takes effect September 1, 2021. |