87(R) HB 1485 - House Committee Report version - Bill Text

	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