HBA-TBM H.B. 2451 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2451
By: Wilson
Licensing & Administrative Procedures
4/6/2001
Introduced



BACKGROUND AND PURPOSE 

According the Center to Protect Workers' Rights and the National Institute
for Occupational Health and Safety, about 30 people die each year in
incidents involving elevators and escalators and over 17,000 people are
seriously injured.  People working on or near elevators comprise
approximately half of the number of deaths.  The number of elevator
accidents could be reduced by the implementation of stricter regulation of
elevator operations and workers.  This may be accomplished by the creation
of a state agency dedicated to elevator safety.  House Bill 2451 abolishes
the elevator advisory board and creates the Texas Elevator Board to
regulate elevator operations and license individuals who work with
elevators.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Elevator Board in SECTION 4
(Section 754.013, Health and Safety Code), SECTION 6 (Section 754.015,
Health and Safety Code), SECTION 9 (Section 754.060, Health and Safety
Code), and SECTION 11 and to the commissioner of licensing and regulation
in SECTION 9 (Section 754.060, Health and Safety Code) of this bill.   

ANALYSIS

House Bill 2451 amends the Health and Safety Code to abolish the elevator
advisory board and create the Texas Elevator Board (board), and establish
that the board members are appointed by the governor with the advice and
consent of the senate (Sec. 754.012 and SECTION 11).  The bill removes
provisions relating to the board's advisory duties to the commissioner of
licensing and regulation (commissioner) and transfers to the board the
commissioner's duties and authority to adopt rules and standards for the
regulation of elevators, escalators, and related equipment (lifts) (Secs.
754.013-754.015).   

The bill sets forth provisions regarding the appointment and terms of the
board members and authorizes the board to appoint advisory committees as
necessary to carry out the board's duties (Sec. 754.012). The board is
subject to the Texas Sunset Act and unless continued in existence is
abolished September 1, 2011 (Sec. 754.0122).  The board is required to
adopt rules and establish fees and is authorized to solicit consultations,
make recommendations, and grant exemptions (Sec. 754.013, 754.015, and
754.055).  The bill requires the board to regulate lifts in private
residences and conform standards adopted by the board to the American
Society of Mechanical Engineers Safety Code for Elevators and Escalators
(Sec. 754.014).   

The bill requires the board by rule to provide for the licensing rather
than certification of elevator mechanics, inspectors, and contractors and
prohibits unlicensed individuals from performing specified professional
services related to lifts (Sec. 754.015 and 754.051).  The bill sets forth
requirements relating to licenses issued by the board, requires the
commissioner to prescribe the method and content of a licensing
examination, and prescribes provisions regarding location, notification,
and reexamination(Secs. 754.052754.056).  The bill sets forth provisions
regarding the waiver of the license requirement, the issuance and term of a
license, a temporary license, continuing education for the renewal of a
license, and the insurance requirement for the issuance of a license (Secs.
754.057-754.061).  The bill specifies that a fee may not  be charged or
collected for a certificate of compliance for a private residence (Sec.
754.019).   

The bill repeals provisions relating to exemptions from lift regulations,
certified inspectors, investigation, license proceedings, injunctions for
unsafe lifts, and criminal penalties (SECTION 10).  The bill requires the
governor to appoint the members of the board as soon as practicable after
the effective date of this Act (Sec. 754.012 and SECTION 11).   The bill
requires the board to adopt rules to regulate lifts not later than March 1,
2002.  The prohibition against performance without a required license
issued by the board takes effect September 1, 2002.  The bill provides that
a private residence or public building not required to be inspected before
the effective date of this Act is not required to be inspected before
September 1, 2002 (SECTION 11).   

EFFECTIVE DATE

September 1, 2001.