Bill Text: TX SB673 | 2013-2014 | 83rd Legislature | Enrolled

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Bill Title: Relating to the requirements for elevators, escalators, and related equipment; providing penalties.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2013-06-14 - Effective on 9/1/13 [SB673 Detail]

Download: Texas-2013-SB673-Enrolled.html

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S.B. No. 673

AN ACT
relating to the requirements for elevators, escalators, and related
equipment; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 754.011, Health and Safety Code, is
amended to read as follows:
Sec. 754.011. DEFINITIONS. In this chapter [subchapter]:
(1) "Acceptance inspection" means an inspection
performed at the completion of the initial installation or
alteration of equipment and in accordance with the applicable ASME
Code A17.1.
(2) "Accident" means an event involving equipment that
results in death or serious bodily injury to a person.
(3) "Alteration" means a change in [or modernization
of] existing equipment. The term does not include testing,
maintenance, repair, replacement, or a cosmetic change 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, at the time of alteration.
(4) "Annual inspection" means an inspection of
equipment performed in a 12-month period in accordance with the
applicable ASME Code A17.1, ASME Code A17.3, ASME Code A18.1, or
ASCE Code 21. The term includes an acceptance inspection performed
within that period.
(5) "ASCE" means the American Society of Civil
Engineers.
(6) "ASCE Code 21" means the American Society of Civil
Engineers Code 21 for people movers operated by cables, as it
existed on January 1, 2004, or any subsequent revision of that code
adopted after a review by the commission, as required by law.
(7) "ASME" means the American Society of Mechanical
Engineers.
(8) [(6)] "ASME Code A17.1" means the American Society
of Mechanical Engineers Safety Code for Elevators and Escalators
(Bi-national standard with CSA B44-2007), ASME A17.1/CSA-B44, as it
existed on January 1, 2004, or any subsequent revision of that code
adopted after a review by the commission, as required by law.
(9) [(6-a) "Executive director" means the executive
director of the department.
[(7)] "ASME Code A17.3" means the 2002 American
Society of Mechanical Engineers Safety Code for Elevators and
Escalators A17.3.
(10) [(8)] "ASME Code A18.1" means the American
Society of Mechanical Engineers Safety Code for Platform Lifts and
Stairway Chairlifts A18.1, as it existed on January 1, 2004, or any
subsequent revision of that code adopted after a review by the
commission, as required by law.
(11) [(9)] "Board" means the elevator advisory board.
(12) [(10)] "Commission" means the Texas Commission
of Licensing and Regulation.
(13) [(12)] "Contractor" means a person engaged in the
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) [(13)] "Department" means the Texas Department
of Licensing and Regulation.
(15) [(14)] "Equipment" means an elevator, escalator,
chairlift, platform lift, automated people mover operated by
cables, or moving sidewalk, or related equipment.
(16) "Executive director" means the executive
director of the department.
(17) [(15)] "Industrial facility" means a facility to
which access is primarily limited to employees or contractors
working in that facility.
(18) "Inspector" means a person engaged in the
inspection and witnessing of the tests specified in the adopted
standards of ASME Code A17.1, ASME Code A17.3, ASME Code A18.1, or
ASCE Code 21, as applicable, to determine compliance with those
standards.
(19) "Owner" means a person, company, corporation,
authority, commission, board, governmental entity, institution, or
other entity that holds title to a building or facility in which
equipment regulated by this chapter is located.
(20) [(16)] "Qualified historic building or facility"
means a building or facility that is:
(A) listed in or eligible for listing in the
National Register of Historic Places; or
(B) designated as a Recorded Texas Historic
Landmark or State Archeological Landmark.
(21) [(17)] "Related equipment" means:
(A) automatic equipment that is used to move a
person in a manner that is similar to that of an elevator, an
escalator, a chairlift, a platform lift, an automated people mover
operated by cables, or a moving sidewalk; and
(B) hoistways, pits, and machine rooms for
equipment.
(22) [(18)] "Serious bodily injury" means a major
impairment to bodily function or serious dysfunction of any bodily
organ or part requiring medical attention.
(23) [(19)] "Unit of equipment" means one elevator,
escalator, chairlift, platform lift, automated people mover
operated by cables, or moving sidewalk, or related equipment.
SECTION 2. Section 754.0111, Health and Safety Code, is
amended to read as follows:
Sec. 754.0111. EXEMPTIONS [EXEMPTION]. (a) This chapter
[subchapter] does not apply to equipment in a private building for a
labor union, trade association, private club, or charitable
organization that has two or fewer floors.
(b) This chapter [subchapter] does not apply to an elevator
located in a single-family dwelling, except as provided by Section
754.0141.
(c) This chapter does not apply to equipment located in a
building owned and operated by the federal government.
(d) This chapter does not apply to equipment in an
industrial facility, or in a grain silo, radio antenna, bridge
tower, underground facility, or dam, to which access is limited
primarily to employees of or working in that facility or structure.
SECTION 3. Chapter 754, Health and Safety Code, is amended
by adding Section 754.0112 to read as follows:
Sec. 754.0112. INSTITUTION OF HIGHER EDUCATION: EMPLOYEE
DUTIES AND INSURANCE REQUIREMENT. (a) In this section,
"institution of higher education" has the meaning assigned by
Section 61.003, Education Code.
(b) Notwithstanding any contrary provision of this chapter,
this chapter does not prohibit a registered elevator inspector or
registered contractor from performing an activity regulated by this
chapter or the rules adopted under this chapter if the inspector or
contractor is performing the activity as an employee of an
institution of higher education.
(c) Notwithstanding any contrary provision of this chapter,
this chapter does not prohibit a registered elevator inspector or
registered contractor performing an activity described by
Subsection (b) as an employee of an institution of higher education
from providing written evidence of self-insurance coverage to
satisfy an insurance requirement under this chapter or rules
adopted under this chapter.
SECTION 4. Subsections (a) and (d), Section 754.012, Health
and Safety Code, are amended to read as follows:
(a) The elevator advisory board is composed of nine members
appointed by the presiding officer of the commission, with the
commission's approval, as follows:
(1) a representative of the insurance industry or a
registered [certified] elevator inspector;
(2) a representative of equipment constructors;
(3) a representative of owners or managers of a
building having fewer than six stories and having equipment;
(4) a representative of owners or managers of a
building having six stories or more and having equipment;
(5) a representative of independent equipment
maintenance companies;
(6) a representative of equipment manufacturers;
(7) a licensed or registered engineer or architect;
(8) a public member; and
(9) a public member with a physical disability.
(d) The board shall meet as determined by the executive
director or by the presiding officer of the commission [at least
twice each calendar year].
SECTION 5. Section 754.013, Health and Safety Code, is
amended to read as follows:
Sec. 754.013. BOARD DUTIES. To protect public safety and to
identify and correct potential hazards, the board shall advise the
commission on:
(1) the adoption of appropriate standards for the
installation, maintenance, alteration, operation, testing, and
inspection of equipment;
(2) the status of equipment used by the public in this
state;
(3) sources of information relating to equipment
safety;
(4) public awareness programs related to elevator
safety, including programs for sellers and buyers of single-family
dwellings with elevators, chairlifts, or platform lifts; and
(5) any other matter considered relevant by the
commission.
SECTION 6. Section 754.014, Health and Safety Code, is
amended by amending Subsections (a), (b), (c), (d), (e), (h), (j),
(k), (l), and (m) and adding Subsection (h-1) to read as follows:
(a) The commission by rule shall adopt standards for the
installation, maintenance, alteration, operation, testing, and
inspection of equipment used by the public in:
(1) buildings owned or operated by the state, a
state-owned institution or agency, or a political subdivision of
the state; and
(2) buildings that contain equipment that is open to
the general public, including a hotel, motel, apartment house,
boardinghouse, church, office building, shopping center, or other
commercial establishment.
(b) Standards adopted under [by the] commission rules may
not contain requirements in addition to the requirements in the
ASME Code A17.1, ASME Code A17.3, ASME Code A18.1, or ASCE Code 21.
The standards must allow alteration of existing equipment if the
alteration does not diminish the safety of the equipment below the
level required by this chapter [subchapter] at the time of
alteration.
(c) Standards adopted under [by the] commission rules must
require equipment to comply with the installation requirements of
the ASME Code A17.1, ASME Code A18.1, or ASCE Code 21 that was in
effect and applicable on the date of installation of the equipment.
(d) Standards adopted under [by the] commission rules must
require equipment to comply with the installation requirements of
the ASME Code A17.3 that contains minimum safety standards for all
equipment, regardless of the date of installation.
(e) The executive director may [shall] grant a delay for
compliance with the codes and adopted standards [applicable ASME
Code A17.1, ASME Code A17.3, or ASME Code A18.1] until a specified
time if the executive director determines that the noncompliance
does not constitute a significant threat to passenger or worker
safety [compliance is not readily achievable, as that phrase is
defined in the Americans with Disabilities Act (42 U.S.C. Section
12101 et seq.), or regulations adopted under that Act]. The
accumulated total time of all delays for a specific noncompliant
condition may not exceed three years, except as determined
[provided] by [Subsection (f) or as allowed in the discretion of]
the executive director.
(h) The executive director shall grant a waiver of
compliance if the noncompliance resulted from compliance with a
municipal equipment construction code at the time of the original
installation and the noncompliance does not pose imminent and
significant danger.
(h-1) The executive director may grant a waiver of
compliance with the firefighter's service provisions of the ASME
Code A17.1 or the ASME Code A17.3 in an elevator that exclusively
serves a vehicle parking garage in a building that:
(1) is used only for parking;
(2) is constructed of noncombustible materials; and
(3) is not greater than 75 feet in height.
(j) One application for a waiver or delay may contain all
requests related to a unit of equipment. [A delay may not be
granted indefinitely but must be granted for a specified time not to
exceed three years.]
(k) For purposes of determining the applicable standards
and codes under this chapter [section], the date of installation or
alteration of equipment is the date that the owner of the real
property entered into a contract for the installation or alteration
of the equipment. If that date cannot be established, the date of
installation or alteration is the date of issuance of the municipal
building permit under which the equipment was installed or altered
or, if a municipal building permit was not issued, the date that
electrical consumption began for the construction of the building
in which the equipment was installed.
(l) Standards adopted under [by the] commission rules may
include and be guided by revised versions of ASME Code A17.1, ASME
Code A18.1, and ASCE Code 21, as appropriate.
(m) The executive director may on application of a person
and in accordance with procedures adopted under [by the] commission
rules, grant a variance to allow the installation of new technology
if the new component, system, subsystem, function, or device is
equivalent or superior to the standards adopted under [by the]
commission rules.
SECTION 7. Subsections (a), (b), (c), (e), and (f), Section
754.0141, Health and Safety Code, are amended to read as follows:
(a) Elevators, chairlifts, or platform lifts installed in a
single-family dwelling on or after January 1, 2004, must comply
with the ASME Code A17.1 or A18.1, as applicable, and must be
inspected by a registered elevator [QEI-1 certified] inspector
after the installation is complete. The inspector shall provide
the dwelling owner a copy of the inspection report.
(b) The commission shall[, before January 1, 2004,] adopt
rules containing minimum safety standards that must be used by
registered elevator [QEI-1 certified] inspectors when inspecting
elevators, chairlifts, and platform lifts installed in
single-family dwellings.
(c) A municipality may withhold a certificate of occupancy
for a dwelling or for the installation of the elevator or chairlift
until the owner provides a copy of the [QEI-1] inspection report to
the municipality.
(e) On completing installation of equipment in a
single-family dwelling, a contractor shall provide the dwelling
owner with relevant information, in writing, about use, safety, and
maintenance of the equipment, including the advisability of having
the equipment periodically and timely inspected by a registered
elevator [QEI-1 certified] inspector.
(f) An inspection by a registered elevator [QEI-1
certified] inspector of equipment in a single-family dwelling may
be performed only at the request and with the consent of the owner.
The owner of a single-family dwelling is not subject to Section
754.0231, 754.0232, 754.0233, 754.0234, or 754.0235 [754.022,
754.023, or 754.024].
SECTION 8. Section 754.015, Health and Safety Code, is
amended to read as follows:
Sec. 754.015. RULES. (a) The commission by rule shall
provide for:
(1) an annual inspection and certification of the
equipment covered by standards adopted under this chapter
[subchapter];
(2) enforcement of those standards;
(3) registration, including certification, of
elevator [qualified] inspectors [and contractors];
(4) registration of contractors;
(5) the procedures by which a certificate of
compliance is issued and displayed [the form of inspection
documents, contractor reports, and certificates of compliance];
(6) [(5)] notification to building owners,
architects, and other building industry professionals regarding
the necessity of annually inspecting equipment;
(7) [(6)] approval of continuing education programs
for registered elevator [QEI-1 certified] inspectors;
(8) [(7)] standards of conduct for individuals who are
registered under this chapter [subchapter];
(9) [(8)] 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) [(9)] the submission and review of plans for the
installation or alteration of equipment; [and]
(11) [(10)] 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.
(b) The commission by rule may not:
(1) require inspections of equipment to be made more
often than every 12 months, except as provided by Subsection (c); or
(2) require persons to post a bond or furnish
insurance or to have minimum experience or education as a condition
of certification or registration, except as otherwise provided by
this chapter[; or
[(3) prohibit a QEI-1 certified inspector who is
registered with the department from inspecting equipment].
(c) The commission by rule may require a reinspection or
recertification of equipment if:
(1) the equipment has been altered;
(2) the equipment [and] poses a significant threat to
passenger or worker safety; or
(3) [if] an annual inspection report indicates an
existing violation has continued longer than permitted in a delay
granted by the executive director.
(d) The executive director may charge a reasonable fee as
set by the commission for:
(1) registering or renewing registration of an
elevator inspector;
(2) registering or renewing registration of a
contractor;
(3) applying for a certificate of compliance;
(4) filing an inspection report as required by Section
754.019(a)(3), 30 days or more after the date the report is due, for
each day the report remains not filed after the date the report is
due;
(5) submitting for review plans for the installation
or alteration of equipment;
(6) reviewing and approving continuing education
providers and courses for renewal of elevator inspector and
contractor registrations [registration];
(7) applying for a waiver, new technology variance, or
delay; and
(8) attending a continuing education program
sponsored by the department for registered elevator [QEI-1]
inspectors.
(e) The commission by rule may require inspection reports,
other documents, and fees to be filed in a manner prescribed by the
department, including electronically.
SECTION 9. Section 754.016, Health and Safety Code, is
amended to read as follows:
Sec. 754.016. INSPECTION REPORTS AND CERTIFICATES OF
COMPLIANCE. (a) Inspection reports and certificates of
compliance required under this chapter [subchapter] must cover all
equipment in a building or structure appurtenant to the building,
including a parking facility, that are owned by the same person or
persons.
(b) A registered elevator [An] inspector shall issue [date
and sign] an inspection report [and shall issue the report] to the
[building] owner not later than the fifth [10th] calendar day after
the date of inspection in accordance with the procedures
established by commission rule.
(c) The executive director shall issue [date and sign] a
certificate of compliance [and shall issue the certificate] to the
[building] owner. [The certificate of compliance shall state:
[(1) that the equipment has been inspected by a
certified inspector and found by the inspector to be in compliance,
except for any delays or waivers granted by the executive director
and stated in the certificate;
[(2) the date of the last inspection and the due date
for the next inspection; and
[(3) contact information at the department to report a
violation of this subchapter.]
(d) The commission by rule shall:
(1) [specify what information must be contained in a
certificate of compliance;
[(2) describe the procedure by which a certificate of
compliance is issued;
[(3)] require that a certificate of compliance for any
equipment [related to an elevator] be posted in a publicly visible
area of the building; and
(2) [(4)] determine what constitutes a "publicly
visible area" under Subdivision (1) [(3)].
(e) The department shall prescribe the format and the
required information contained in the inspection reports, the
certificates of compliance, and other documents.
SECTION 10. The heading to Section 754.017, Health and
Safety Code, is amended to read as follows:
Sec. 754.017. REGISTERED ELEVATOR [CERTIFIED] INSPECTORS.
SECTION 11. Subsections (a), (b), and (d), Section 754.017,
Health and Safety Code, are amended to read as follows:
(a) In order to inspect equipment, an individual must:
(1) be registered with the department;
(2) attend educational programs approved by the
department;
(3) be certified as an [a QEI-1] inspector in
accordance with the rules adopted by the commission [by an
organization accredited by the American Society of Mechanical
Engineers]; [and]
(4) comply with the continuing education requirements
established by commission rule for registration renewal; and
(5) pay all applicable fees.
(b) A person assisting a registered elevator [certified]
inspector and working under the direct, on-site supervision of the
inspector is not required to be registered [certified].
(d) A registered elevator [certified] inspector may not
inspect equipment if the inspector or the inspector's employer has
a financial or personal conflict of interest or the appearance of
impropriety related to the inspection of that equipment [may not be
required to attend more than seven hours of continuing education
during each licensing period].
SECTION 12. Subsections (a) and (f), Section 754.0171,
Health and Safety Code, are amended to read as follows:
(a) A person may not install, repair, alter, test, or
maintain equipment without registering as a contractor with the
department as required by this chapter [subchapter].
(f) Installation, repair, alteration, testing, and
maintenance standards for contractors must be consistent with ASME
Code A17.1, ASME Code A17.3, ASME Code A18.1, and ASCE Code 21.
SECTION 13. Section 754.0172, Health and Safety Code, is
amended to read as follows:
Sec. 754.0172. INSPECTION FEE. The amount charged for an
inspection or the performance of an inspection of equipment under
this chapter [subchapter] may not be contingent on the existence of
a maintenance contract between the person performing the inspection
and any other person.
SECTION 14. 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 AND CONTRACTOR REGISTRATIONS.
SECTION 15. Section 754.0174, Health and Safety Code, is
amended by adding Subsection (a-1) and amending Subsection (b) to
read as follows:
(a-1) Each registered elevator inspector must complete
continuing education requirements set by commission rule before the
inspector may renew the inspector's registration.
(b) A provider of continuing education under this section
must:
(1) register with the department; and
(2) comply with rules adopted by the commission
relating to continuing education for a registered elevator
inspector or designated responsible party, as applicable.
SECTION 16. Section 754.018, Health and Safety Code, is
amended to read as follows:
Sec. 754.018. POWERS OF MUNICIPALITIES. Subject to Section
754.014(h), if a municipality operates a program for the
installation, maintenance, alteration, inspection, testing, or
certification of equipment, this chapter [subchapter] shall not
apply to the equipment in that municipality, provided that the
standards of installation, maintenance, alteration, inspection,
testing, and certification are at least equivalent to those
contained in this chapter [subchapter].
SECTION 17. The heading to Section 754.019, Health and
Safety Code, is amended to read as follows:
Sec. 754.019. DUTIES OF [REAL PROPERTY] OWNERS.
SECTION 18. Subsections (a), (b), and (e), Section 754.019,
Health and Safety Code, are amended to read as follows:
(a) The owner [of real property on which equipment covered
by this subchapter is located] shall:
(1) have the equipment inspected annually by a
registered elevator [certified] inspector;
(2) obtain an inspection report from the inspector
evidencing that all equipment in a building on the real property was
inspected in accordance with this chapter [subchapter] and rules
adopted under this chapter [subchapter];
(3) file with the executive director each inspection
report, and all applicable fees, not later than the 30th calendar
[60th] day after the date on which an inspection is made under this
chapter [subchapter];
(4) display the certificate of compliance for the
equipment in a publicly visible area as defined by commission
rule[:
[(A) in a publicly visible area of the building,
as determined by commission rule under Section 754.016, if the
certificate relates to an elevator;
[(B) in the escalator box if the certificate
relates to an escalator; or
[(C) in a place designated by the executive
director if the certificate relates to equipment other than an
elevator or escalator]; and
(5) maintain the equipment in compliance with the
standards and codes adopted under commission rules [display the
inspection report at the locations designated in Subdivision (4)
until a certificate of compliance is issued].
(b) When an inspection report is filed, the owner shall
submit to the executive director, as applicable:
(1) verification that any deficiencies in the
registered elevator inspector's report have been remedied or that a
bona fide contract to remedy the deficiencies has been entered
into; or
(2) any application for delay or waiver of an
applicable standard.
(e) An owner shall report to the department each accident
involving equipment not later than 24 [72] hours following the
accident.
SECTION 19. Section 754.020, Health and Safety Code, is
amended to read as follows:
Sec. 754.020. CHIEF ELEVATOR INSPECTOR. The executive
director may appoint a chief elevator inspector to administer the
equipment inspection and registration program. The chief elevator
inspector:
(1) may not have a financial or commercial interest in
the manufacture, maintenance, repair, inspection, installation, or
sale of equipment; and
(2) must possess the [a QEI-1] certification or obtain
the certification required under Section 754.017 within six months
after becoming chief elevator inspector.
SECTION 20. Section 754.021, Health and Safety Code, is
amended to read as follows:
Sec. 754.021. LIST OF REGISTERED ELEVATOR INSPECTORS AND
CONTRACTORS; PERSONNEL. The executive director shall:
(1) compile a list of elevator [certified] inspectors
and contractors who are registered with the department; and
(2) employ personnel who are necessary to enforce this
chapter [subchapter].
SECTION 21. Chapter 754, Health and Safety Code, is amended
by adding Sections 754.0231, 754.0232, 754.0233, 754.0234, and
754.0235 to read as follows:
Sec. 754.0231. INSPECTIONS AND INVESTIGATIONS.
(a) Except as provided by Subsection (b), the department may
conduct an inspection or investigation of equipment regulated under
this chapter in accordance with Chapter 51, Occupations Code. The
department shall be granted access to any location in the building
that is inaccessible to the public in order to conduct a full
inspection or investigation of the equipment.
(b) If there is good cause for the executive director to
believe that equipment on the property poses an imminent and
significant danger or that an accident involving equipment occurred
on the property, the executive director or the executive director's
designee may at any time enter the property to inspect the equipment
or investigate the danger or accident. The executive director or
the executive director's designee must be granted access to any
location in the building that is inaccessible to the public in order
to conduct a full inspection or investigation.
Sec. 754.0232. REGISTRATION PROCEEDINGS. (a) The
commission or executive director may deny, suspend, or revoke a
registration under this chapter and may assess an administrative
penalty for:
(1) obtaining registration by fraud or false
representation;
(2) falsifying a report submitted to the executive
director; or
(3) violating this chapter or a rule adopted under
this chapter.
(b) Proceedings for the denial, suspension, or revocation
of a registration and appeals from these proceedings are governed
by Chapter 2001, Government Code.
Sec. 754.0233. INJUNCTIVE RELIEF; CIVIL PENALTY. (a) The
attorney general or the executive director may institute an action
for injunctive relief to prevent or restrain a violation or
threatened violation of this chapter or a rule adopted under this
chapter.
(b) The attorney general or the executive director may
institute an action to collect a civil penalty from a person that
appears to be violating or threatening to violate this chapter or a
rule adopted under this chapter. A civil penalty assessed under
this subsection may not exceed $5,000 per day for each violation.
(c) An action filed under this section must be filed in a
district court in Travis County.
(d) The attorney general and the department may recover
reasonable expenses incurred in obtaining injunctive relief or
civil penalties under this section, including court costs,
reasonable attorney's fees, investigative costs, witness fees, and
deposition expenses.
Sec. 754.0234. EMERGENCY ORDERS. (a) The executive
director may issue an emergency order as necessary to enforce this
chapter if the executive director determines that an emergency
exists requiring immediate action to protect the public health and
safety.
(b) The executive director shall issue an emergency order in
accordance with Chapter 51, Occupations Code.
Sec. 754.0235. ORDERS TO DISCONNECT POWER TO OR LOCK OUT
EQUIPMENT. (a) An emergency order issued in accordance with
Section 754.0234 may also direct an owner to disconnect power to or
lock out equipment if:
(1) the department determines imminent and
significant danger to passenger or worker safety exists if action
is not taken immediately; or
(2) an annual inspection has not been performed in
more than two years.
(b) If an emergency order to disconnect power or lock out
equipment is issued, the owner may have the power reconnected or the
equipment unlocked only if a registered elevator inspector or
contractor or a department representative verifies in writing to
the department that the imminent and significant danger has been
removed by repair, replacement, or other means.
(c) If an emergency order to disconnect power or lock out
equipment is issued and the owner later notifies the department
that the imminent and significant danger no longer exists, the
executive director or the executive director's designee shall,
after the requirements of Subsection (b) are satisfied, issue
written permission to reconnect power or unlock the equipment and
notify the owner.
SECTION 22. Section 754.025, Health and Safety Code, is
amended to read as follows:
Sec. 754.025. APPLICATION OF CERTAIN LAW. [(a) Chapter
53, Occupations Code, applies to a registration under this
subchapter.
[(b)] Sections 51.401 and 51.404, Occupations Code, do not
apply to this chapter, except those sections do apply to Sections
754.017 and 754.0171 [subchapter].
SECTION 23. The following provisions of the Health and
Safety Code are repealed:
(1) Subchapter A, Chapter 754;
(2) the heading to Subchapter B, Chapter 754;
(3) Subsection (i), Section 754.014;
(4) Subsections (d) and (e), Section 754.0171; and
(5) Sections 754.022, 754.023, and 754.024.
SECTION 24. (a) The Texas Commission of Licensing and
Regulation shall adopt rules implementing Chapter 754, Health and
Safety Code, as amended by this Act, not later than January 1, 2014.
(b) Subsection (b), Section 754.016, and Subdivision (3),
Subsection (a), Section 754.019, Health and Safety Code, as amended
by this Act, apply only to an inspection initiated on or after
January 1, 2014.
(c) The repeal by this Act of Subchapter A, Chapter 754,
Health and Safety Code, and Section 754.024, Health and Safety
Code, does not apply to an offense committed under Section 754.003
or 754.024, Health and Safety Code, before the effective date of the
repeal. An offense committed before the effective date of the
repeal is governed by Section 754.003 or 754.024, Health and Safety
Code, as it existed on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
the repeal if any element of the offense occurred before that date.
SECTION 25. This Act takes effect September 1, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 673 passed the Senate on
March 21, 2013, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendments on May 20, 2013, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 673 passed the House, with
amendments, on May 16, 2013, by the following vote: Yeas 141,
Nays 2, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor