HB 255 — Semiannual inspections for elevators, escalators

90R4386 DNC-D By: Ward Johnson H.B. No. 255 relating to semiannual inspections for elevators, escalators, and related equipment.

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.