Texas Department of Licensing and Regulation

Elevator Contractors Penalties and Sanctions

Elevator Contractors (ELE)

Texas Health & Safety Code, Chapter 754

16 Texas Administration Code, Chapter 74

Class A:

1st Violation, warning letter to $1,000

2nd Violation, $500 to 1,500

3rd Violation, $1,000 to $2,000 and/or 6-month probated suspension to 1-year full suspension

  • Failed to submit initial jobs report - 754.0171(d), 74.25(d)(1)
  • Failed to submit quarterly jobs report - 754.0171(e), 74.25(d)(2)
  • Failed to notify Department within 30 days of changes to  registrant information - 74.25(c)

Class B:

1st Violation, $1,000 to $3,000

2nd Violation, $1,500 to $4,000

3rd Violation, $2,500 to $5,000

  • Failure to register with the Department as a contractor - 754.0171(a) and 74.25

Class C:

1st Violation, $1,000 to $3,000 and/or 1-year probated suspension up to revocation

2nd Violation, $2,000 to $4,000 plus 1-year probated suspension to revocation

3rd Violation, $4,000 to $5,000 plus revocation

  • Failed to be consistent with installation, repair, alteration and maintenance standards for contractors, specifically ASME Code A17.1, ASME Code A17.3, ASME Code A18.1, and ASCE Code 21 - 754.0171(f)
  • Performed elevator installation, repair or maintenance in a negligent or incompetent manner - 74.60(a), 74.60(e)(5)
  • Engaged in activity that constitutes dishonesty, misrepresentation, or fraud - 74.60(b), 74.60(e)(4)
  • Engaged in acts or practices that constitute threats, coercion, or extortion - 74.60(b)
  • Failed to accurately and truthfully represent to a prospective client the contractor’s capabilities and qualifications, including the extent of prior education or experience - 74.60(b), 74.60(e)(9)
  • Failed to maintain primary interest of ensuring compliance with the Act, the Rules and the ASME or ASCE Code - 74.60(c)
  • Failed to avoid conflict of interest or the appearance of a conflict of interest - 74.60(d)
  • Participated in a plan, scheme, or arrangement attempting or having at its purpose the evasion of any provision of the Act, or the standards adopted by the Commission - 74.60(e)(1)
  • Knowingly furnished inaccurate, deceitful, or misleading information to the Department, a building owner, or other person - 74.60(e)(2)
  • Stated or implied to the building owner that the Department will grant a delay or waiver - 74.60(e)(3)
  • Completed an equipment contract in a building or facility where the inspector is an owner, part owner, or an employee of an owner - 74.60(e)(6)
  • Engage in false, misleading, or deceptive advertising - 74.60(e)(8)
  • Held self out as being engaged in a partnership or association when said partnership or association does not in fact exist - 74.60(e)(10)

Class D:

1st Violation, Revocation

2nd Violation, Revocation

3rd Violation, Revocation

  • Violated a previous order of Commission or Executive Director - 51.353(a)
  • Obtaining a license by fraud or false representation - 60.63(b)
  • Failed to pay the Department for a dishonored check - 60.82