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 inspectors, elevator   mechanics, and contractors who are registered with the department;   and                (2)  employ personnel who are necessary to enforce this   chapter.          SECTION 8.  (a) The Texas Commission of Licensing and   Regulation shall adopt rules necessary to implement the changes in   law made by this Act not later than February 1, 2022.          (b)  Notwithstanding Section 754.0165, Health and Safety   Code, as added by this Act, an individual is not required to comply   with that section until June 1, 2022.          SECTION 9.  The changes in law made by this Act apply only to   an application or renewal application for registration as a   contractor under Chapter 754, Health and Safety Code, as amended by   this Act, filed on or after June 1, 2022. An application or renewal   application for registration as a contractor under that chapter   filed before June 1, 2022, is governed by the law in effect   immediately before the effective date of this Act, and that law is   continued in effect for that purpose.          SECTION 10.  This Act takes effect September 1, 2021.