bill to inspect elevators twice a year, not once

The text as introduced · 713 words

90R4386 DNC-D

By: Ward Johnson
H.B. No. 255

A BILL TO BE ENTITLED

AN ACT

relating to semiannual inspections for elevators, escalators, and

related equipment.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 754.011, Health and Safety Code, is

amended by adding Subdivision (21-a) to read as follows:

(21-a) "Semiannual inspection" means an inspection of

equipment performed twice in a 12-month period in accordance with

the applicable ASME Code A17.1, ASME Code A17.3, ASME Code A18.1, or

ASCE Code 21. The term includes an acceptance inspection performed

within that period.

SECTION 2. Sections 754.015(a), (b), and (c), Health and

Safety Code, are amended to read as follows:

(a) The commission by rule shall provide for:

(1) a semiannual [ 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;

(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

semiannually [ 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.

(b) The commission by rule may not:

(1) require inspections of equipment in addition to

the semiannual inspection [ to be made more often than every 12

months ], except as provided by Subsection (c); or

(2) require persons to post a bond or furnish

insurance or to have minimum experience or education as a condition

of certification or registration, except as otherwise provided by

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) a semiannual [ an annual ] inspection report

indicates an existing violation has continued longer than permitted

in a delay granted by the executive director.

SECTION 3. Section 754.019(a), Health and Safety Code, is

amended to read as follows:

(a) The owner shall:

(1) have a semiannual inspection conducted [ the

equipment inspected annually ] by a registered elevator inspector,

unless the equipment has been removed from service in accordance

with commission rules;

(2) obtain an inspection report from the inspector

evidencing that all equipment in a building on the real property was

inspected in accordance with this chapter and rules adopted under

this chapter;

(3) file with the executive director each inspection

report, and all applicable fees, not later than the 30th calendar

day after the date on which an inspection is made under this

chapter;

(4) display the certificate of compliance for the

equipment in a publicly visible area as defined by commission rule;

and

(5) maintain the equipment in compliance with the

standards and codes adopted under commission rules.

SECTION 4. 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) a semiannual [ an annual ] inspection has not been

performed in more than two years.

SECTION 5. Section 754.011(4), Health and Safety Code, is

repealed.

SECTION 6. This Act takes effect September 1, 2027.