Bill Text: TX HB1485 | 2021-2022 | 87th Legislature | Comm Sub

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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

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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

A BILL TO BE ENTITLED
AN ACT
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 [install,
repair, alter, test, or maintain] equipment without registering as
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.