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.