87(R) SB 1863 - Introduced version - Bill Text

	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 i