Bill Text: TX SB1863 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the regulation of elevator mechanics and contractors; requiring an occupational registration.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-26 - Referred to Business & Commerce [SB1863 Detail]

Download: Texas-2021-SB1863-Introduced.html
  87R6046 MCF-F
 
  By: Powell S.B. No. 1863
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of elevator mechanics 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 Subdivision (14-a)
  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 mechanic" means an individual who is
  engaged in erecting, constructing, installing, altering,
  servicing, repairing, or maintaining equipment.
         SECTION 2.  Chapter 754, Health and Safety Code, is amended
  by adding Section 754.0165 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 a certificate of completion or proof of a certificate
  of completion from:
               (1)  a nationally recognized training program for the
  elevator industry;
               (2)  an elevator constructor apprenticeship program
  approved by the United States Department of Labor or a similar
  federal program for other equipment; or
               (3)  an equivalent program acceptable to the
  department.
         (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)  A registration issued under this section expires on the
  first anniversary of the date of issuance.
         SECTION 3.  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 4.  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
  registered under this chapter.
         SECTION 5.  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, AND CONTRACTOR REGISTRATIONS.
         SECTION 6.  Section 754.0174, Health and Safety Code, is
  amended by adding Subsection (a-2) to read as follows:
         (a-2)  Each registered elevator mechanic must complete
  continuing education requirements set by commission rule before the
  elevator mechanic may renew the elevator mechanic's registration.
         SECTION 7.  Section 754.021, Health and Safety Code, is
  amended to read as follows:
         Sec. 754.021.  LIST OF REGISTERED ELEVATOR INSPECTORS,
  ELEVATOR MECHANICS, AND CONTRACTORS; PERSONNEL.  The executive
  director shall:
               (1)  compile a list of elevator inspectors, elevator
  mechanics, and contractors who are registered with the department;
  and
               (2)  employ personnel who are necessary to enforce this
  chapter.
         SECTION 8.  (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 February 1, 2022.
         (b)  Notwithstanding Section 754.0165, Health and Safety
  Code, as added by this Act, an individual is not required to comply
  with that section until June 1, 2022.
         SECTION 9.  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 June 1, 2022. An application or renewal
  application for registration as a contractor under that chapter
  filed before June 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 10.  This Act takes effect September 1, 2021.
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