89R2364 LRM-F     By: Hernandez H.B. No. 2186       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of elevator mechanics, elevator   apprentices, 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 Subdivisions (14-a)   and (14-b) 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 apprentice" means an individual who   assists an elevator mechanic or contractor in erecting,   constructing, installing, altering, servicing, repairing, or   maintaining equipment.                (14-b)  "Elevator mechanic" means an individual who is   engaged in erecting, constructing, installing, altering,   servicing, repairing, or maintaining equipment.          SECTION 2.  Section 754.015(a), Health and Safety Code, is   amended to read as follows:          (a)  The commission by rule shall provide for:                (1)  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, elevator mechanics, and elevator apprentices;                (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   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.          SECTION 3.  Chapter 754, Health and Safety Code, is amended   by adding Sections 754.0165 and 754.0166 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 registered   as an elevator mechanic with the department as provided by this   section.          (b)  An applicant for elevator mechanic registration or   registration renewal shall submit an application to the department   in the form and manner the department prescribes.          (c)  An applicant for a registration must submit with the   application:                (1)  a certificate of completion or proof of a   certificate of completion from:                      (A)  a nationally recognized training program for   the elevator industry;                      (B)  an elevator constructor apprenticeship   program approved by the United States Department of Labor or a   similar federal program for other equipment; or                      (C)  an equivalent program acceptable to the   department; or                (2)  verifiable evidence in the form and manner the   department prescribes that the applicant has at least five years of   experience erecting, constructing, installing, altering,   servicing, repairing, or maintaining equipment.          (d)  An applicant for registration renewal 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)  The commission shall adopt rules on issuance of a   limited elevator mechanic registration, including rules:                (1)  on the qualifications required for the limited   elevator mechanic registration; and                (2)  to restrict the scope and location of practice of   an elevator mechanic who receives a limited elevator mechanic   registration.          (f)  A registration issued under this section expires on the   first anniversary of the date of issuance.          (g)  An elevator mechanic registered under this section may   not supervise more than one elevator apprentice registered under   Section 754.0166.          Sec. 754.0166.  ELEVATOR APPRENTICE REGISTRATION. (a) An   individual may not assist an elevator mechanic or contractor in   erecting, constructing, installing, altering, servicing,   repairing, or maintaining equipment unless the individual is:                (1)  registered as an elevator apprentice as provided   by this section; and                (2)  employed by a contractor registered under this   chapter and, subject to Section 754.0165(g), supervised by an   elevator mechanic registered under Section 754.0165.          (b)  An applicant for elevator apprentice registration or   registration renewal shall submit an application to the department   in the form and manner the department prescribes.          (c)  An applicant for registration renewal 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.          (d)  A registration issued under this section expires on the   first anniversary of the date of issuance.          SECTION 4.  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 unless the person   registers [without registering] as a contractor with the department   as required by this chapter.          SECTION 5.  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 registered as an elevator   mechanic or elevator apprentice under this chapter.          SECTION 6.  Section 754.021, Health and Safety Code, is   amended to read as follows:          Sec. 754.021.  LIST OF REGISTERED ELEVATOR INSPECTORS,   ELEVATOR MECHANICS, ELEVATOR APPRENTICES, AND CONTRACTORS;   PERSONNEL. The executive director shall:                (1)  compile a list of elevator inspectors, elevator   mechanics, elevator apprentices, and contractors who are   registered with the department; and                (2)  employ personnel who are necessary to enforce this   chapter.          SECTION 7.  (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 March 31, 2026.          (b)  Notwithstanding Section 754.0165 or 754.0166, Health   and Safety Code, as added by this Act, an individual is not required   to comply with those sections until November 1, 2026.          SECTION 8.  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 November 1, 2026. An application or   renewal application for registration as a contractor under that   chapter filed before November 1, 2026, 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 9.  An individual who has engaged in the practice of   erecting, constructing, installing, altering, servicing,   repairing, or maintaining equipment, as defined by Section 754.011,   Health and Safety Code, in this state for at least five years   preceding the effective date of this Act is entitled to obtain a   registration under Section 754.0165, Health and Safety Code, as   added by this Act, if before September 1, 2026, the person:                (1)  submits an application in the form and manner the   Texas Department of Licensing and Regulation prescribes; and                (2)  pays the required registration fee.          SECTION 10.  This Act takes effect September 1, 2025.