HBA-CMT S.B. 1198 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1198 By: Carona Licensing & Administrative Procedures 5/2/2001 Engrossed BACKGROUND AND PURPOSE The Texas Department of Licensing and Regulation is charged with the regulation and enforcement regarding elevator safety and required annual inspections. To better facilitate the functions of the agency, several changes to current state law should be made. Senate Bill 1198 provides changes to the current law that will better enable the Texas Department of Licensing and Regulation to carry out its regulatory functions. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the commissioner of licensing and regulation in SECTION 1 (Section 754.015, Health and Safety Code) of this bill. ANALYSIS Senate Bill 1198 amends the Health and Safety Code to amend provisions relating to the inspection and certification of elevators, escalators, and related equipment. The bill specifies that the provisions of the bill do not apply to equipment in a private building owned by a labor union, trade association, private club, or charitable organization that has two or fewer floors and an elevator in a single-family dwelling (Sec. 754.0111). The bill increases the number of elevator advisory board (board) members from 9 to 12, increases the number of public members on the board from one to four, and provides that one member of the board must be a licensed or registered engineer or architect (Sec. 754.012). The bill prohibits standards adopted by the commissioner of licensing and regulation (commissioner) from containing requirements in addition to requirements in the American Society of Mechanical Engineers Code for Elevators and Escalators A18 (ASME Code). The bill provides that the standards must allow alteration of existing equipment if the alteration does not diminish the safety of the equipment below the level required by this bill at the time of alteration. The bill prohibits the accumulated total time of all delays granted by the commissioner from exceeding three years unless granted a delay until September 1, 2005 for compliance with the requirements for door restrictions or firefighter's service or as allowed by the commissioner. The bill requires the commissioner to grant a waiver of compliance if the noncompliance resulted from compliance with a municipal equipment construction code at the time of the original installation and the noncompliance does not pose imminent and significant danger. The bill removes the authorization for the commissioner to charge a fee for an application for waiver or delay. The bill specifies that one application for a waiver or delay is authorized to contain all requests related to a unit of equipment rather than a particular building (Sec. 754.014). The bill revises current rulemaking by the commissioner, and sets forth provisions for what the commissioner is required to provide for by rule and what the commissioner is prohibited from requiring or prohibiting by rule. The bill sets forth what services the commissioner is authorized to charge a fee for by rule (Sec. 754.015). The bill amends provisions relating to the inspection report and certificate of compliance for each unit of equipment. The bill requires an inspector to issue an inspection report to a building owner not later than the 10th calendar day after the date of inspection. The bill requires the commissioner to issue a certificate of compliance to the building owner if an application is submitted by the building owner with applicable fees and the application reflects that the equipment has been inspected by a certified inspector, the inspection report shows the equipment is in compliance with the requirements of this bill, and, to the extent the report shows any noncompliance that does not pose an imminent and significant danger, the building owner acknowledges that the noncompliance will be remedied within a reasonable period not later than six months following the date of the inspection report or has been granted a waiver or delay for compliance by the commissioner (Sec. 754.016). The bill amends provisions relating to certified inspectors, including that an individual must attend educational courses as required by the Texas Department of Licensing and Regulation (department). The bill provides that a registration expires on the first anniversary of the date of issuance (Sec. 754.017). The bill prohibits a person from installing, repairing, or maintaining equipment without registering as a contractor with the department. The bill requires a contractor to submit an application for registration and pay appropriate fees to the department. The bill provides that a registration expires on the first anniversary of the date of issuance, and requires a registered contractor to submit a quarterly report to the department and sets forth contents for the report (Sec. 754.0171). The bill amends provisions relating to the powers of municipalities and the duties of real property owners (Secs. 754.018 and 754.019). The bill authorizes the commissioner to appoint a chief elevator inspector to administer the equipment inspection and registration program. The bill sets forth provisions for who is authorized to be a chief elevator inspector (Sec. 754.020). The commissioner is required to compile a list of contractors who are registered with the department (Sec. 754.021). The bill provides that if the department rather than the commissioner learns of a situation of noncompliance, the department is required to send notice by certified mail of the noncompliance and the actions required to remedy the noncompliance to the record owner of the real property (Sec. 754.022). The bill authorizes a department employee rather than the commissioner to enter property to inspect the equipment or investigate any imminent and significant danger and to verify whether an inspection report or certificate of compliance has been displayed as required. The bill authorizes the department rather than the commissioner to deny, suspend, or revoke the registration of an inspector or contractor and assess an administrative penalty for committing certain infractions. If requested, the attorney general rather than the commissioner is required to represent the department and its personnel in a suit. The bill authorizes the commissioner to issue an emergency order to enforce provisions of the bill if the commissioner determines that an emergency exists requiring immediate action to protect public health and safety. The bill sets forth provisions relating to enforcement of the emergency order (Sec. 754.023) EFFECTIVE DATE September 1, 2001.