By: Carona	S.B. No. 673
	(In the Senate-Filed February19,2013; February25,2013,
	read first time and referred to Committee on Business and Commerce;
	March 13, 2013, reported favorably by the following vote:
	Yeas 8, Nays 0; March 13, 2013, sent to printer.)

	A BILL TO BE ENTITLED
	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.  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 4.  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 5.  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 6.  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 7.  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 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 8.  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 9.  The heading to Section 754.017, Health and
	Safety Code, is amended to read as follows:
	Sec. 754.017.  REGISTERED ELEVATOR [CERTIFIED] INSPECTORS.
	SECTION 10.  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 11.  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 12.  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 13.  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 14.  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 15.  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 16.  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 17.  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 15th 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 18.  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 19.  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 20.  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 21.  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 22.  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 23.  (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 24.  This Act takes effect September 1, 2013.
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