CHAPTER 754. ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT

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HEALTH AND SAFETY CODE

TITLE 9. SAFETY

SUBTITLE A. PUBLIC SAFETY

CHAPTER 754. ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT

SUBCHAPTER A. SAFETY DEVICES

Sec. 754.001. SAFETY DEVICE REQUIREMENT FOR PASSENGER ELEVATORS.

(a) A person may not operate a passenger elevator in a building

located in this state unless the elevator is equipped with a

device that will prevent the elevator's movement if the

elevator's door or gate is open.

(b) Installation of a device, the design of which has been

approved by the National Bureau of Standards or by the Industrial

Accident Board, is prima facie evidence that the person has

complied with this section.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 754.002. REVIEW OF DESIGNS. (a) The Industrial Accident

Board shall inspect and approve or disapprove each model,

drawing, or design of an elevator safety device submitted to the

board in Austin under Section 754.001.

(b) The board shall charge a $10 fee to inspect and approve or

disapprove the model, drawing, or design.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 754.003. CRIMINAL PENALTY. (a) An individual, a member of

a partnership, or a director, president, general manager,

employee, agent, trustee, or receiver of a corporation that owns,

leases, or is in charge of a building in which a passenger

elevator is operated commits an offense if the elevator is

operated and is not equipped with a safety device as prescribed

by Section 754.001.

(b) An offense under this section is a misdemeanor punishable by

a fine of not less than $5 or more than $25.

device as prescribed by Section 754.001 constitutes a separate

offense.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

SUBCHAPTER B. INSPECTION, CERTIFICATION, AND REGISTRATION

Sec. 754.011. DEFINITIONS. In this subchapter:

(1) "Acceptance inspection" means an inspection performed at the

completion of the initial installation or alteration of equipment

and in accordance with the applicable ASME Code A17.1.

(2) "Accident" means an event involving equipment that results

in death or serious bodily injury to a person.

(3) "Alteration" means a change in or modernization of existing

equipment. The term does not include maintenance, repair,

replacement, or a cosmetic change 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, at

the time of alteration.

(4) "Annual inspection" means an inspection of equipment

performed 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.

(5) "ASCE Code 21" means the American Society of Civil Engineers

Code 21 for people movers operated by cables, as it existed on

January 1, 2004, or any subsequent revision of that code adopted

after a review by the commission, as required by law.

(6) "ASME Code A17.1" means the American Society of Mechanical

Engineers Safety Code for Elevators and Escalators (Bi-national

standard with CSA B44-2007), ASME A17.1/CSA-B44, as it existed on

January 1, 2004, or any subsequent revision of that code adopted

after a review by the commission, as required by law.

(6-a) "Executive director" means the executive director of the

department.

(7) "ASME Code A17.3" means the 2002 American Society of

Mechanical Engineers Safety Code for Elevators and Escalators

A17.3.

(8) "ASME Code A18.1" means the American Society of Mechanical

Engineers Safety Code for Platform Lifts and Stairway Chairlifts

A18.1, as it existed on January 1, 2004, or any subsequent

revision of that code adopted after a review by the commission,

as required by law.

(9) "Board" means the elevator advisory board.

(10) "Commission" means the Texas Commission of Licensing and

Regulation.

(11) Repealed by Acts 2007, 80th Leg., R.S., Ch. 574, Sec. 4,

eff. June 16, 2007.

(12) "Contractor" means a person engaged in the installation,

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.

(13) "Department" means the Texas Department of Licensing and

Regulation.

(14) "Equipment" means an elevator, escalator, chairlift,

platform lift, automated people mover operated by cables, or

moving sidewalk, or related equipment.

(15) "Industrial facility" means a facility to which access is

primarily limited to employees or contractors working in that

facility.

(16) "Qualified historic building or facility" means a building

or facility that is:

(A) listed in or eligible for listing in the National Register

of Historic Places; or

(B) designated as a Recorded Texas Historic Landmark or State

Archeological Landmark.

(17) "Related equipment" means:

(A) automatic equipment that is used to move a person in a

manner that is similar to that of an elevator, an escalator, a

chairlift, a platform lift, an automated people mover operated by

cables, or a moving sidewalk; and

(B) hoistways, pits, and machine rooms for equipment.

(18) "Serious bodily injury" means a major impairment to bodily

function or serious dysfunction of any bodily organ or part

requiring medical attention.

(19) "Unit of equipment" means one elevator, escalator,

chairlift, platform lift, automated people mover operated by

cables, or moving sidewalk, or related equipment.

Added by Acts 1993, 73rd Leg., ch. 65, Sec. 3, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 865, Sec. 1, eff.

Sept. 1, 1995; Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept.

1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

574, Sec. 1, eff. June 16, 2007.

Acts 2007, 80th Leg., R.S., Ch.

574, Sec. 4, eff. June 16, 2007.

Sec. 754.0111. EXEMPTION. (a) This subchapter does not apply

to equipment in a private building for a labor union, trade

association, private club, or charitable organization that has

two or fewer floors.

(b) This subchapter does not apply to an elevator located in a

single-family dwelling, except as provided by Section 754.0141.

Added by Acts 1995, 74th Leg., ch. 974, Sec. 2, eff. Sept. 1,

1995. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept.

1, 2003.

Sec. 754.012. ELEVATOR ADVISORY BOARD. (a) The elevator

advisory board is composed of nine members appointed by the

presiding officer of the commission, with the commission's

approval, as follows:

(1) a representative of the insurance industry or a certified

elevator inspector;

(2) a representative of equipment constructors;

(3) a representative of owners or managers of a building having

fewer than six stories and having equipment;

(4) a representative of owners or managers of a building having

six stories or more and having equipment;

(5) a representative of independent equipment maintenance

companies;

(6) a representative of equipment manufacturers;

(7) a licensed or registered engineer or architect;

(8) a public member; and

(9) a public member with a physical disability.

(b) Board members serve at the will of the commission.

commission's approval, shall appoint a presiding officer of the

board to serve for two years.

(d) The board shall meet at least twice each calendar year.

(e) A board member serves without compensation but is entitled

to reimbursement for travel as provided for in the General

Appropriations Act.

Added by Acts 1993, 73rd Leg., ch. 65, Sec. 3, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 865, Sec. 1, eff.

Sept. 1, 1995; Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept.

1, 2003.

Sec. 754.013. BOARD DUTIES. To protect public safety and to

identify and correct potential hazards, the board shall advise

the commission on:

(1) the adoption of appropriate standards for the installation,

alteration, operation, and inspection of equipment;

(2) the status of equipment used by the public in this state;

(3) sources of information relating to equipment safety;

(4) public awareness programs related to elevator safety,

including programs for sellers and buyers of single-family

dwellings with elevators, chairlifts, or platform lifts; and

(5) any other matter considered relevant by the commission.

Added by Acts 1993, 73rd Leg., ch. 65, Sec. 3, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 865, Sec. 1, eff.

Sept. 1, 1995; Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept.

1, 2003.

Sec. 754.014. STANDARDS ADOPTED BY COMMISSION. (a) The

commission shall adopt standards for the installation,

maintenance, alteration, operation, and inspection of equipment

used by the public in:

(1) buildings owned or operated by the state, a state-owned

institution or agency, or a political subdivision of the state;

and

(2) buildings that contain equipment that is open to the general

public, including a hotel, motel, apartment house, boardinghouse,

church, office building, shopping center, or other commercial

establishment.

(b) Standards adopted by the commission may not contain

requirements in addition to the requirements in the ASME Code

A17.1, ASME Code A17.3, ASME Code A18.1, or ASCE Code 21. 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 subchapter at the time of alteration.

to comply with the installation requirements of the ASME Code

A17.1, ASME Code A18.1, or ASCE Code 21 that was in effect and

applicable on the date of installation of the equipment.

(d) Standards adopted by the commission must require equipment

to comply with the installation requirements of the ASME Code

A17.3 that contains minimum safety standards for all equipment,

regardless of the date of installation.

(e) The executive director shall grant a delay for compliance

with the applicable ASME Code A17.1, ASME Code A17.3, or ASME

Code A18.1 until a specified time if compliance is not readily

achievable, as that phrase is defined in the Americans with

Disabilities Act (42 U.S.C. Section 12101 et seq.), or

regulations adopted under that Act. The accumulated total time of

all delays may not exceed three years, except as provided by

Subsection (f) or as allowed in the discretion of the executive

director.

(f) The executive director shall grant a delay until September

1, 2012, for compliance with the requirements for firefighter's

service in the ASME Code A17.3 if those requirements were not

included in the ASME Code A17.1 that was in effect on the date of

installation and the equipment was not subsequently installed.

This subsection expires October 1, 2012.

(f-1) The executive director shall grant a delay until September

1, 2010, for compliance with the requirements for door

restrictors in the ASME Code A17.3. This subsection expires

October 1, 2010.

(g) The executive director may grant a waiver of compliance from

an applicable code requirement if the executive director finds

that:

(1) the building in which the equipment is located is a

qualified historic building or facility or the noncompliance is

due to structural components of the building;

(2) noncompliance will not constitute a significant threat to

passenger safety; and

(3) noncompliance, with adequate alternative safeguards, will

not constitute a significant threat to worker safety.

(h) The executive director shall 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 executive director may grant a waiver of

compliance with the firefighter's service provisions of the ASME

Code A17.1 or the ASME Code A17.3 in an elevator that exclusively

serves a vehicle parking garage in a building that:

(1) is used only for parking;

(2) is constructed of noncombustible materials; and

(3) is not greater than 75 feet in height.

(i) This subchapter does not apply to equipment in an industrial

facility, or in a grain silo, radio antenna, bridge tower,

underground facility, or dam, to which access is limited

primarily to employees of or working in that facility or

structure.

(j) One application for a waiver or delay may contain all

requests related to a unit of equipment. A delay may not be

granted indefinitely but must be granted for a specified time not

to exceed three years.

(k) For purposes of this section, the date of installation or

alteration of equipment is the date that the owner of the real

property entered into a contract for the installation or

alteration of the equipment. If that date cannot be established,

the date of installation or alteration is the date of issuance of

the municipal building permit under which the equipment was

installed or altered or, if a municipal building permit was not

issued, the date that electrical consumption began for the

construction of the building in which the equipment was

installed.

(l) Standards adopted by the commission may include and be

guided by revised versions of ASME Code A17.1, ASME Code A18.1,

and ASCE Code 21, as appropriate.

(m) The executive director may on application of a person and in

accordance with procedures adopted by the commission, grant a

variance to allow the installation of new technology if the new

component, system, subsystem, function, or device is equivalent

or superior to the standards adopted by the commission.

Added by Acts 1993, 73rd Leg., ch. 65, Sec. 3, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 865, Sec. 1, eff.

Sept. 1, 1995; Acts 1995, 74th Leg., ch. 974, Sec. 1, eff. Sept.

1, 1995; Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff. Sept. 1,

2003; Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept. 1, 2003;

Acts 2003, 78th Leg., ch. 1268, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

574, Sec. 2, eff. June 16, 2007.

Acts 2009, 81st Leg., R.S., Ch.

1181, Sec. 1, eff. June 19, 2009.

Sec. 754.0141. STANDARDS FOR EQUIPMENT IN SINGLE-FAMILY

DWELLINGS; REQUIRED INFORMATION. (a) Elevators, chairlifts, or

platform lifts installed in a single-family dwelling on or after

January 1, 2004, must comply with the ASME Code A17.1 or A18.1,

as applicable, and must be inspected by a QEI-1 certified

inspector after the installation is complete. The inspector shall

provide the dwelling owner a copy of the inspection report.

(b) The commission shall, before January 1, 2004, adopt rules

containing minimum safety standards that must be used by QEI-1

certified inspectors when inspecting elevators, chairlifts, and

platform lifts installed in single-family dwellings.

dwelling or for the installation of the elevator or chairlift

until the owner provides a copy of the QEI-1 inspection report to

the municipality.

(d) A contractor is not required to report to the department any

information concerning equipment in a single-family dwelling or

the contractor's work on the equipment.

(e) On completing installation of equipment in a single-family

dwelling, a contractor shall provide the dwelling owner with

relevant information, in writing, about use, safety, and

maintenance of the equipment, including the advisability of

having the equipment periodically and timely inspected by a QEI-1

certified inspector.

(f) An inspection by a QEI-1 certified inspector of equipment in

a single-family dwelling may be performed only at the request and

with the consent of the owner. The owner of a single-family

dwelling is not subject to Section 754.022, 754.023, or 754.024.

Added by Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff. Sept. 1,

2003; Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept. 1, 2003.

Sec. 754.015. RULES. (a) The commission by rule shall provide

for:

(1) an annual inspection and certification of the equipment

covered by standards adopted under this subchapter;

(2) enforcement of those standards;

(3) registration of qualified inspectors and contractors;

(4) the form of inspection documents, contractor reports, and

certificates of compliance;

(5) notification to building owners, architects, and other

building industry professionals regarding the necessity of

annually inspecting equipment;

(6) approval of continuing education programs for registered

QEI-1 certified inspectors; and

(7) standards of conduct for individuals who are registered

under this subchapter.

(b) The commission by rule may not:

(1) require inspections of equipment to be made more often than

every 12 months, except as provided by Subsection (c);

(2) require persons to post a bond or furnish insurance or to

have minimum experience or education as a condition of

certification or registration;

(3) require building owners to submit to the department proposed

plans for equipment installation or alteration; or

(4) prohibit a QEI-1 certified inspector who is registered with

the department from inspecting equipment.

recertification of equipment if the equipment has been altered

and poses a significant threat to passenger or worker safety or

if an annual inspection report indicates an existing violation

has continued longer than permitted in a delay granted by the

executive director.

(d) The executive director may charge a reasonable fee as set by

the commission for:

(1) registering or renewing registration of an inspector;

(2) registering or renewing registration of a contractor;

(3) applying for a certificate of compliance;

(4) filing an inspection report as required by Section

754.019(a)(3), 30 days or more after the date the report is due,

for each day the report remains not filed after the date the

report is due;

(5) applying for a waiver, variance, or delay; and

(6) attending a continuing education program sponsored by the

department for registered QEI-1 inspectors.

Added by Acts 1993, 73rd Leg., ch. 65, Sec. 3, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 865, Sec. 1, eff.

Sept. 1, 1995; Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept.

1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

574, Sec. 3, eff. June 16, 2007.

Sec. 754.016. INSPECTION REPORTS AND CERTIFICATES OF COMPLIANCE.

(a) Inspection reports and certificates of compliance required

under this subchapter must cover all equipment in a building or

structure appurtenant to the building, including a parking

facility, that are owned by the same person or persons.

(b) An inspector shall date and sign an inspection report and

shall issue the report to the building owner not later than the

10th calendar day after the date of inspection.

compliance and shall issue the certificate to the building owner.

The certificate of compliance shall state:

(1) that the equipment has been inspected by a certified

inspector and found by the inspector to be in compliance, except

for any delays or waivers granted by the executive director and

stated in the certificate;

(2) the date of the last inspection and the due date for the

next inspection; and

(3) contact information at the department to report a violation

of this subchapter.

(d) The commission by rule shall:

(1) specify what information must be contained in a certificate

of compliance;

(2) describe the procedure by which a certificate of compliance

is issued;

(3) require that a certificate of compliance related to an

elevator be posted in a publicly visible area of the building;

and

(4) determine what constitutes a "publicly visible area" under

Subdivision (3).

Added by Acts 1993, 73rd Leg., ch. 65, Sec. 3, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 865, Sec. 1, eff.

Sept. 1, 1995; Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept.

1, 2003.

Sec. 754.017. CERTIFIED INSPECTORS. (a) In order to inspect

equipment, an individual must:

(1) be registered with the department;

(2) attend educational programs approved by the department;

(3) be certified as a QEI-1 inspector by an organization

accredited by the American Society of Mechanical Engineers; and

(4) pay all applicable fees.

(b) A person assisting a certified inspector and working under

the direct, on-site supervision of the inspector is not required

to be certified.

of issuance.

(d) A certified inspector may not be required to attend more

than seven hours of continuing education during each licensing

period.

Added by Acts 1993, 73rd Leg., ch. 65, Sec. 3, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 865, Sec. 1, eff.

Sept. 1, 1995; Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept.

1, 2003.

Sec. 754.0171. CONTRACTOR REGISTRATION. (a) A person may not

install, repair, or maintain equipment without registering as a

contractor with the department as required by this subchapter.

(b) A contractor shall submit an application for registration

and pay appropriate fees to the department. The registration

application form may require information concerning the

background, experience, or identity of the applicant.

of issuance.

(d) A person registering as a contractor under this subchapter

shall submit to the department an initial report, not later than

the 60th day following the application date, containing:

(1) the street address of each building or location at which the

person performed installation, repair, alteration, or maintenance

of equipment for the previous two years; and

(2) the name and mailing address of the building owner.

(e) After the initial report required by Subsection (d), a

contractor registered as required by this subchapter shall submit

to the department a quarterly report containing:

(1) the street address of each building or location at which the

contractor performed installation, repair, alteration, or

maintenance of equipment not reported in the contractor's initial

report to the department under Subsection (d); and

(2) the name and mailing address of the building owner.

(f) Installation, repair, alteration, and maintenance standards

for contractors must be consistent with ASME Code A17.1, ASME

Code A17.3, ASME Code A18.1, and ASCE Code 21.

Added by Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff. Sept. 1,

2003; Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept. 1, 2003.

Sec. 754.0172. INSPECTION FEE. The amount charged for an

inspection or the performance of an inspection of equipment under

this subchapter may not be contingent on the existence of a

maintenance contract between the person performing the inspection

and any other person.

Added by Acts 1995, 74th Leg., ch. 865, Sec. 1, eff. Sept. 1,

1995. Renumbered from Health & Safety Code Sec. 754.0171 and

amended by Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff. Sept.

1, 2003; Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept. 1,

2003.

Sec. 754.018. POWERS OF MUNICIPALITIES. Subject to Section

754.014(h), if a municipality operates a program for the

installation, maintenance, alteration, inspection, or

certification of equipment, this subchapter shall not apply to

the equipment in that municipality, provided that the standards

of installation, maintenance, alteration, inspection, and

certification are at least equivalent to those contained in this

subchapter.

Added by Acts 1993, 73rd Leg., ch. 65, Sec. 3, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 865, Sec. 1, eff.

Sept. 1, 1995; Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept.

1, 2003.

Sec. 754.019. DUTIES OF REAL PROPERTY OWNERS. (a) The owner of

real property on which equipment covered by this subchapter is

located shall:

(1) have the equipment inspected annually by a certified

inspector;

(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 subchapter and rules adopted

under this subchapter;

(3) file with the executive director each inspection report, and

all applicable fees, not later than the 60th day after the date

on which an inspection is made under this subchapter;

(4) display the certificate of compliance:

(A) in a publicly visible area of the building, as determined by

commission rule under Section 754.016, if the certificate relates

to an elevator;

(B) in the escalator box if the certificate relates to an

escalator; or

certificate relates to equipment other than an elevator or

escalator; and

(5) display the inspection report at the locations designated in

Subdivision (4) until a certificate of compliance is issued.

(b) When an inspection report is filed, the owner shall submit

to the executive director, as applicable:

(1) verification that any deficiencies in the inspector's report

have been remedied or that a bona fide contract to remedy the

deficiencies has been entered into; or

(2) any application for delay or waiver of an applicable

standard.

Subsection (a)(3) and Section 754.016(b), an inspection report

and filing fees are considered filed on the earlier of:

(1) the date of personal delivery;

(2) the date of postmark by United States mail if properly

addressed to the executive director; or

(3) the date of deposit with a commercial courier service, if

properly addressed to the executive director.

(d) A fee may not be charged or collected for a certificate of

compliance for an institution of higher education as defined in

Section 61.003, Education Code.

(e) An owner shall report to the department each accident

involving equipment not later than 72 hours following the

accident.

Added by Acts 1993, 73rd Leg., ch. 65, Sec. 3, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 865, Sec. 1, eff.

Sept. 1, 1995; Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept.

1, 2003.

Sec. 754.020. CHIEF ELEVATOR INSPECTOR. The executive director

may appoint a chief elevator inspector to administer the

equipment inspection and registration program. The chief elevator

inspector:

(1) may not have a financial or commercial interest in the

manufacture, maintenance, repair, inspection, installation, or

sale of equipment; and

(2) must possess a QEI-1 certification or obtain the

certification within six months after becoming chief inspector.

Added by Acts 1993, 73rd Leg., ch. 65, Sec. 3, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 865, Sec. 1, eff.

Sept. 1, 1995; Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept.

1, 2003.

Sec. 754.021. LIST OF REGISTERED INSPECTORS AND CONTRACTORS.

The executive director shall:

(1) compile a list of certified inspectors and contractors who

are registered with the department; and

(2) employ personnel who are necessary to enforce this

subchapter.

Added by Acts 1993, 73rd Leg., ch. 65, Sec. 3, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 865, Sec. 1, eff.

Sept. 1, 1995; Acts 2003, 78th Leg., ch. 816, Sec. 9.001, 26.006,

eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 935, Sec. 1, eff.

Sept. 1, 2003.

Sec. 754.022. NOTICE OF NONCOMPLIANCE. If the department learns

of a situation of noncompliance under Section 754.019, the

department shall send notice by certified mail of the

noncompliance and the actions required to remedy the

noncompliance to the record owner of the real property on which

the equipment that is the subject of the noncompliance is

located.

Added by Acts 1993, 73rd Leg., ch. 65, Sec. 3, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 865, Sec. 1, eff.

Sept. 1, 1995; Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept.

1, 2003.

Sec. 754.023. INVESTIGATION; REGISTRATION PROCEEDINGS;

INJUNCTION; EMERGENCY ORDERS. (a) If there is good cause for

the executive director to believe that equipment on real property

poses an imminent and significant danger or that an accident

involving equipment occurred on the property and serious bodily

injury or property damage resulted, the executive director may

enter the property during regular business hours after notice to

the owner, operator, or person in charge of the property to

inspect the equipment or investigate the danger or accident at no

cost to the owner.

(b) The executive director may enter real property during

regular business hours after notice to the owner, operator, or

person in charge of the property to verify, at no cost to the

owner, whether an inspection report or certificate of compliance

has been displayed as required under Section 754.019(a).

under this subchapter and may assess an administrative penalty

for:

(1) obtaining registration with the executive director by fraud

or false representation;

(2) falsifying a report submitted to the executive director; or

(3) violating this subchapter or a rule adopted under this

subchapter.

(d) Proceedings for the denial, suspension, or revocation of a

registration and appeals from those proceedings are governed by

Chapter 2001, Government Code.

(e) The executive director is entitled to appropriate injunctive

relief to prevent a violation or threatened violation of this

subchapter or a rule adopted under this subchapter.

(f) The executive director may bring suit in a district court in

Travis County or in the county in which the violation or

threatened violation occurs. If requested, the attorney general

shall represent the executive director in the suit.

(g) The executive director may issue an emergency order as

necessary to enforce this subchapter if the executive director

determines that an emergency exists requiring immediate action to

protect the public health and safety.

(h) The executive director may issue an emergency order with

simultaneous notice and without hearing or with the notice and

opportunity for hearing practicable under the circumstances.

(i) If an emergency order is issued under this section without a

hearing, the executive director shall set the time and place for

a hearing to affirm, modify, or set aside the emergency order not

later than the 10th day after the date the order was issued.

(j) An emergency order may direct a building owner or manager to

disconnect power to or lock out equipment if:

(1) the department determines imminent and significant danger to

passenger safety exists if action is not taken immediately and

reasonable effort has been made for voluntary compliance by

notification to the building owner or manager of the danger

before the issuance of an emergency order; or

(2) an annual inspection has not been performed in more than two

years and:

(A) the department gives the building owner or manager, or the

agent of the building owner or manager, 60 days' written notice

by certified mail directing the equipment to be inspected

according to this subchapter; and

(B) after the expiration of the notice period under Paragraph

(A), the department gives the building owner or manager, or the

agent of the building owner or manager, written notice by

certified mail stating that an order to disconnect power or lock

out equipment will be made after the seventh day after the date

notice is delivered.

(k) If an emergency order to disconnect power or lock out

equipment is issued, the building owner or manager may have the

power reconnected or the equipment unlocked only if:

(1) a registered inspector or contractor or a department

representative has filed a written form with the department

verifying the imminent and significant danger has been removed by

repair, replacement, or other means; and

(2) the building owner, before the reconnection of power or

unlocking of equipment, reimburses the department for all

expenses incurred relating to the disconnection of power or

lockout.

(l) The executive director or the executive director's designee

may allow delayed payment if the building owner or manager

commits in writing to pay the department for the expenses

required by Subsection (k) not later than the 10th day after the

date power is reconnected or equipment is unlocked.

(m) If an emergency order to disconnect power or lock out

equipment is issued and the building owner later notifies the

department that the imminent and significant danger no longer

exists, the executive director or the executive director's

designee shall, after the requirements of Subsection (k) are

satisfied, promptly issue written permission to reconnect power

or unlock the equipment and notify the owner.

Added by Acts 1993, 73rd Leg., ch. 65, Sec. 3, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 865, Sec. 1, eff.

Sept. 1, 1995; Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept.

1, 2003.

Sec. 754.024. CRIMINAL PENALTY. (a) A person commits an

offense if the person receives notice of noncompliance under

Section 754.022 and the person has not remedied the noncompliance

or entered into a bona fide contract to remedy the noncompliance

before the 61st day after the date on which the notice is

received.

(b) An offense under this section is a Class C misdemeanor.

separate offense.

Added by Acts 1993, 73rd Leg., ch. 65, Sec. 3, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 865, Sec. 1, eff.

Sept. 1, 1995; Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept.

1, 2003.

Sec. 754.025. APPLICATION OF CERTAIN LAW. (a) Chapter 53,

Occupations Code, applies to a registration under this

subchapter.

(b) Sections 51.401 and 51.404, Occupations Code, do not apply

to this subchapter.

Added by Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff. Sept. 1,

2003; Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept. 1, 2003.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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