HB3848

Regular Session

Relating to the electronic submission of inspection reports and filing fees for the inspection of elevators, escalators, and related equipment.

ModeratePlan for compliance

Low Cost

Effective:2025-09-01

Enforcing Agencies

Texas Department of Licensing and Regulation (TDLR)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025
Compliance Deadline: September 1, 2025 (Filings submitted after this date must adhere to the new electronic protocols).
Agency Rulemaking: The Texas Commission of Licensing and Regulation (TCLR) must adopt rules defining the specific electronic system and submission procedures prior to the effective date. Expect draft rules in the *Texas Register* by Spring 2025.

Immediate Action Plan

Inventory Assets: Identify all units with operating certificates expiring on or after September 1, 2025.
Update Vendor Protocols: Require inspection vendors to utilize their own TDLR-authorized accounts for filings to prevent sharing corporate login credentials.
Modernize Payments: Establish internal financial controls that allow for immediate electronic payment of regulatory fees to bypass check-cutting delays.
Monitor Rulemaking: Watch for TCLR proposed rules to review technical specifications and ensure compatibility with your current systems.

Operational Changes Required

Contracts

You must amend Master Service Agreements (MSAs) with elevator inspection vendors immediately. Explicitly define whether the Owner or the Inspector is the designated "filer." Include indemnification clauses holding the vendor liable for penalties resulting from their failure to electronically submit reports or fees by the deadline.

Hiring/Training

Train accounts payable and facilities staff to transition from physical check issuance to electronic payment methods (ACH or corporate credit card). Staff must understand that mailing a physical report or check will no longer satisfy the "timely filing" requirement.

Reporting & Record-Keeping

Shift internal audit protocols from retaining certified mail receipts to archiving digital confirmation numbers. Do not rely solely on the TDLR portal for history; download and save a PDF copy of the electronic submission receipt and the filed report immediately upon submission to establish an independent audit trail.

Fees & Costs

While statutory filing fees remain unchanged, budget for potential 2-3% third-party payment processing or "convenience" fees associated with the electronic portal.

Strategic Ambiguities & Considerations

The statute does not currently provide a "safe harbor" provision for late filings caused by TDLR system outages or portal crashes. Additionally, the bill allows the Commission to *require* electronic filing, implying that paper submissions sent via mail after rule adoption could be rejected outright, resulting in immediate non-compliance. We will advocate for outage protections during the rulemaking phase.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsElectronic Information Systems Occupational Regulation Occupational Regulation--other Trades & Professions Email & Electronic Communications Elevators Licensing & Regulation, Texas Commission of

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

H.B. 3848

By: Hernandez

Licensing & Administrative Procedures

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee that the Texas Department of Licensing and Regulation (TDLR) has expressed concerns that elevator and escalator inspection reports cannot be filed in an efficient manner due to current restrictions on electronic submission. H.B. 3848 seeks to add clarity and reduce administrative burdens in supporting the safety of elevator and escalator equipment by allowing reports and related documentation to be considered filed by the date of electronic submission and by giving TDLR greater flexibility in the rulemaking process for electronic filings.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the Texas Commission of Licensing and Regulation in SECTION 1 of this bill.

ANALYSIS

H.B. 3848 amends the Health and Safety Code to authorize the Texas Commission of Licensing and Regulation by rule to permit inspection reports, other documents, and fees to be filed in a manner prescribed by the Texas Department of Licensing and Regulation (TDLR), including electronically. The bill includes the date of a TDLR-compliant electronic submission of an inspection report and filing fees for the inspection of an elevator, escalator, or related equipment that are filed with the executive director of TDLR by an applicable building or facility owner among the dates of which the earliest is considered the filing date for the purpose of determining the timely filing of those materials.

EFFECTIVE DATE

September 1, 2025.

House Authors

Rep. Ana HernandezDemocrat · Primary Author

Senate Sponsor

Sen. Cesar BlancoDemocrat · Primary Sponsor

Bill Text(with markup)

H.B. No. 3848

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to the electronic submission of inspection reports and
	filing fees for the inspection of elevators, escalators, and
	related equipment.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 754.015(e), Health and Safety Code, is
	amended to read as follows:
	(e) The commission by rule may require or permit inspection
	reports, other documents, and fees to be filed in a manner
	prescribed by the department, including electronically.
	SECTION 2. Section 754.019(c), Health and Safety Code, is
	amended to read as follows:
	(c) For the purpose of determining timely filing under
	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; or
	(4) the date of electronic submission, if filed in an
	electronic manner prescribed by the department.
	SECTION 3. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


April 14, 2025

TO:	Honorable Dade Phelan, Chair, House Committee on Licensing & Administrative Procedures

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	HB3848 by Hernandez (Relating to the electronic submission of inspection reports and filing fees for the inspection of elevators, escalators, and related equipment.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

304 Comptroller of Public Accounts, 452 Department of Licensing and Regulation

LBB Staff:

JMc, TUf, BFa

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Frequently Asked Questions

Common questions about HB3848

What does Texas HB3848 do?

HB3848 fundamentally alters the compliance workflow for elevator and escalator inspections by empowering the Texas Department of Licensing and Regulation (TDLR) to mandate electronic filing. Effective September 1, 2025, the "mailbox rule" is eliminated for these submissions; legal compliance will be determined solely by the electronic system’s timestamp, affecting all commercial property owners and facility managers. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: September 1, 2025 (Filings submitted after this date must adhere to the new electronic protocols).

Who authored HB3848?

HB3848 was authored by Texas Representative Ana Hernandez during the Regular Session.

When was HB3848 signed into law?

HB3848 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce HB3848?

HB3848 is enforced by Texas Department of Licensing and Regulation (TDLR).

How urgent is compliance with HB3848?

The compliance urgency for HB3848 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of HB3848?

The cost impact of HB3848 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does HB3848 address?

HB3848 addresses topics including electronic information systems, occupational regulation, occupational regulation--other trades & professions, email & electronic communications and elevators.

Legislative data provided by LegiScanLast updated: November 25, 2025

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