Bill Text: TX HB3344 | 2023-2024 | 88th Legislature | Introduced

---

Bill Title: Relating to elevator inspection requirements in buildings with four stories or less.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-03-15 - Referred to Licensing & Administrative Procedures [HB3344 Detail]

Download: Texas-2023-HB3344-Introduced.html

---

88R12820 LRM-D
By: King of Hemphill H.B. No. 3344

A BILL TO BE ENTITLED
AN ACT
relating to elevator inspection requirements in buildings with four
stories or less.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 754.015(a) and (c), Health and Safety
Code, are amended to read as follows:
(a) The commission by rule shall provide for:
(1) except as provided by Subdivision (2), an annual
inspection and certification of the equipment covered by standards
adopted under this chapter;
(2) to the extent authorized by rules adopted under
the Americans with Disabilities Act of 1990 (42 U.S.C. Section
12101 et seq.) and by other federal law, an elevator inspection at
least every five years of a building with not more than four stories
and for certification of each elevator in the building;
(3) enforcement of the [those] standards adopted under
this chapter;
(4) [(3)] registration, including certification, of
elevator inspectors;
(5) [(4)] registration of contractors;
(6) [(5)] the procedures by which a certificate of
compliance is issued and displayed;
(7) [(6)] notification to building owners,
architects, and other building industry professionals regarding
the necessity of annually inspecting equipment;
(8) [(7)] approval of continuing education programs
for registered elevator inspectors;
(9) [(8)] standards of conduct for individuals who are
registered under this chapter;
(10) [(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;
(11) [(10)] the submission and review of plans for the
installation or alteration of equipment;
(12) [(11)] continuing education requirements for
renewal of contractor registration;
(13) [(12)] maintenance control programs,
maintenance, repair, and parts manuals, and product-specific
inspection, testing, and maintenance procedures;
(14) [(13)] the method and manner of reporting
accidents and reportable conditions to the department; and
(15) [(14)] an owner's designation of an agent for
purposes of this chapter.
(c) The commission by rule may require a reinspection or
recertification of equipment if:
(1) the equipment has been altered;
(2) the equipment poses a significant threat to
passenger or worker safety; or
(3) an [annual] inspection report indicates an
existing violation has continued longer than permitted in a delay
granted by the executive director.
SECTION 2. Section 754.0235(a), Health and Safety Code, is
amended to read as follows:
(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 described by Section
754.015(a)(1) has not been performed in more than two years; or
(3) an inspection described by Section 754.015(a)(2)
has not been performed in more than six years.
SECTION 3. As soon as practicable after the effective date
of this Act, the Texas Commission of Licensing and Regulation shall
adopt rules necessary to implement the change in law made by this
Act.
SECTION 4. This Act takes effect September 1, 2023.