Overall Vote Recommendation

Yes

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

HB 3848, authored by Representative Hernandez, seeks to modernize the filing process for inspection reports and associated fees related to elevators, escalators, and related equipment in Texas. The primary focus of the bill is to enable the electronic submission of these documents to streamline administrative processes and increase efficiency.

The bill amends Section 754.015(e) of the Health and Safety Code, granting the Texas Commission the authority to establish rules that either permit or require the electronic filing of inspection reports, other relevant documents, and fees. This change aims to reduce paperwork and improve the speed and accuracy of submissions. Additionally, the bill amends Section 754.019(c) to update the definition of timely filing. Under the proposed changes, inspection reports and fees are considered filed on the earliest of several specified dates: the date of personal delivery, the date of postmark by U.S. mail if properly addressed, the date of deposit with a commercial courier service if properly addressed, or, newly added, the date of electronic submission if filed according to departmental regulations.

By integrating an electronic submission option, the bill aligns with modern administrative practices, potentially reducing bureaucratic delays and enhancing record-keeping efficiency. The act is set to take effect on September 1, 2025.

The original version of HB 3848 and the Committee Substitute share the primary goal of modernizing the filing process for inspection reports and fees related to elevators, escalators, and related equipment by allowing for electronic submission. However, there are a few key differences between the original bill and the committee replacement that reflect adjustments made during the legislative process.

In both versions, the bill amends Section 754.015(e) of the Health and Safety Code to give the Texas Commission the authority to establish rules for the electronic submission of inspection reports, other documents, and associated fees. This provision remains consistent across both the original and the substitute, reflecting the bill’s core intent to increase administrative efficiency through digital processes.

The differences become more apparent when examining Section 754.019(c) of the Health and Safety Code. In the original bill, the text clearly delineates that inspection reports and filing fees are considered filed based on the earliest of several methods: personal delivery, postmark by United States mail, deposit with a commercial courier service, or electronic submission as prescribed by the department. The Committee Substitute, while retaining this structure, refines the language to emphasize compliance with departmental rules when filing electronically, likely to ensure consistency in the submission process.

Another subtle difference lies in the phrasing of the electronic submission clause. The original bill straightforwardly introduces the electronic submission option, whereas the committee substitute specifies that electronic submission must follow a manner "prescribed by the department." This change indicates a legislative effort to provide more structured guidance on electronic filings, potentially addressing concerns raised during committee discussions regarding uniformity and regulatory oversight.

Overall, while the substantive content remains largely unchanged, the Committee Substitute version of HB 3848 introduces slight but meaningful adjustments to ensure that electronic submissions are not only allowed but also properly regulated. This enhancement aims to maintain administrative integrity while adopting modern filing practices.

Author

Ana Hernandez

Sponsor

Cesar Blanco

Contact the Author

Rep. Ana Hernandez

Capitol Phone:

(512) 463-0614

Capitol Office:

CAP 1W.11

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

According to the Legislative Budget Board (LBB), HB 3848 is not expected to have a significant fiscal impact on the state budget. The assumption is that any costs associated with implementing the electronic filing system could be managed within the existing resources of the relevant agencies.

The primary state agency referenced in the fiscal note is the Texas Department of Licensing and Regulation (TDLR), which would be responsible for developing and managing the electronic submission system. The Comptroller of Public Accounts is also listed as a source agency, indicating that the fiscal analysis considered potential impacts on state revenue collection processes. Despite these considerations, the LBB concluded that no significant fiscal impact would occur, as the required changes are within the capacity of the agencies’ current budgets and staffing.

Regarding local government impact, the LBB also determined that no significant fiscal implications are anticipated for local government entities. This conclusion suggests that the transition to electronic submissions would not impose additional costs on local authorities that oversee inspections or manage related documentation.

In summary, HB 3848 is expected to modernize the submission process for inspection reports without causing a financial strain on state or local government resources, as existing infrastructure and funding are deemed sufficient to accommodate the changes.

Vote Recommendation Notes

HB 3848 is recommended for approval as it aligns with core principles of Limited Government, Free Enterprise, and Individual Liberty by streamlining administrative processes and reducing bureaucratic inefficiencies. The bill directly addresses concerns raised by the Texas Department of Licensing and Regulation (TDLR) regarding the outdated and cumbersome process for submitting inspection reports related to elevators, escalators, and similar equipment. By enabling electronic submissions, HB 3848 modernizes the process, making it more efficient and less burdensome for both regulatory authorities and building owners.

The bill grants the Texas Commission of Licensing and Regulation the authority to establish rules for electronic submission, thereby enhancing the flexibility and responsiveness of government operations. This delegation of rulemaking power respects the principle of Limited Government by allowing the relevant agency to adapt its procedures as technology and best practices evolve. Moreover, by simplifying the reporting process, the bill supports Free Enterprise by reducing compliance costs and administrative hurdles for businesses and building owners who are required to submit inspection reports.

Additionally, HB 3848 upholds Individual Liberty by reducing the regulatory friction that often accompanies manual filing processes. Streamlining the filing method empowers individuals and businesses to fulfill their obligations more efficiently, which aligns with the goal of minimizing government interference in day-to-day operations. Since the bill carries no significant fiscal impact, as noted by the Legislative Budget Board, it presents a practical and fiscally responsible solution to a regulatory challenge.

In conclusion, HB 3848 modernizes administrative procedures in a way that respects the principles of limited government, enhances business efficiency, and reduces unnecessary burdens. Therefore, a "Yes" vote is recommended. Texas Policy Research recommends that lawmakers vote YES on HB 3848.

Individual Liberty: HB 3848 supports individual liberty by reducing bureaucratic barriers and allowing building owners and operators more flexibility in fulfilling their legal obligations. The bill modernizes the submission process for inspection reports, enabling electronic filing rather than requiring physical delivery or mailing. This change grants individuals and businesses greater control over how they comply with safety regulations, minimizing unnecessary government-imposed inconvenience.
Personal Responsibility: The bill encourages personal responsibility by making it easier for building owners and facility managers to meet safety compliance requirements. By offering a streamlined electronic submission option, the bill ensures that responsible parties can file inspection reports in a timely and efficient manner. This reduces the risk of non-compliance due to administrative challenges, thereby reinforcing accountability for maintaining safe elevator and escalator operations.
Free Enterprise: HB 3848 positively impacts free enterprise by lowering the administrative costs associated with filing inspection reports. Businesses operating buildings with elevators and escalators can submit required documentation more efficiently, reducing time and effort compared to traditional paper-based methods. This modernization supports business operations, particularly for those managing multiple properties, by minimizing compliance-related disruptions.
Private Property Rights: While the bill does not directly alter property rights, it indirectly supports them by simplifying compliance for property owners. By reducing the regulatory friction associated with reporting, the bill makes it easier for property owners to maintain safety standards without undue administrative burden. This approach respects owners’ rights to efficiently manage their properties in accordance with safety regulations.
Limited Government: The bill aligns with the principle of limited government by delegating rulemaking authority to the Texas Commission of Licensing and Regulation, rather than imposing rigid statutory requirements. This flexible framework allows the agency to update procedures as technology evolves, avoiding unnecessary legislative changes. Additionally, by reducing paperwork and in-person filing requirements, the bill minimizes the government’s role in routine administrative tasks, thus limiting bureaucratic interference.

View Bill Text and Status