By:  Puente                                           H.B. No. 1299
       73R3194 RWS-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to requiring a chemical distributor to obtain a permit
    1-3  from the Texas Department of Health; providing a criminal penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 502, Health and Safety Code, is amended
    1-6  by adding Section 502.017 to read as follows:
    1-7        Sec. 502.017.  DISTRIBUTOR'S OPERATING PERMIT.  (a)  A person
    1-8  may not operate in this state as a distributor unless the person
    1-9  has an operating permit issued by the department showing the
   1-10  location of each facility of the person where hazardous chemicals
   1-11  are stored for distribution.
   1-12        (b)  A person may apply to the department for a distributor's
   1-13  operating permit on an application form prescribed by the
   1-14  department.  An applicant shall submit with an application an MSDS
   1-15  for each hazardous chemical to be stored or distributed by the
   1-16  applicant.  The application must also be accompanied with a
   1-17  workplace chemical list prepared under Section 502.005.
   1-18        (c)  The department shall issue an operating permit to each
   1-19  person who files an application that meets the requirements of
   1-20  Subsection (b) and whose operations are designed to provide
   1-21  hazardous chemical distributions without danger to the public
   1-22  health and safety.  The department, before issuing a permit, shall
   1-23  conduct a public hearing on the issuance of the permit.  Notice of
   1-24  the hearing shall be published in a newspaper having general
    2-1  circulation in the county in which each of the distributor's
    2-2  facilities is to be located not earlier than the 28th day and not
    2-3  later than the 14th day before the date of the hearing.  At the
    2-4  hearing any person may present evidence and be heard on the
    2-5  issuance of the permit.
    2-6        (d)  A permit is conditioned on compliance with this section
    2-7  and may be further conditioned by the department on specific terms
    2-8  stated in the permit relating to the operations of the distributor
    2-9  for the protection of the health and safety of the public.  A
   2-10  distributor's operating permit is valid until the first anniversary
   2-11  of the date of its issuance.  A permit is renewed in the same
   2-12  manner as an original permit is granted, except that a hearing on
   2-13  renewal of the permit is not required unless requested by the
   2-14  department or unless the distributor proposes a new location of the
   2-15  distributor's operations.
   2-16        (e)  Each distributor shall send to the department a revised
   2-17  workplace chemical list required under Section 502.005(d) within 10
   2-18  days after the date of any change and a copy of each additional
   2-19  MSDS for new chemicals possessed, stored, or distributed.
   2-20        (f)  The department may suspend or revoke a permit issued
   2-21  under this section if the distributor violates a rule of the
   2-22  department adopted under Section 502.016 or fails to comply with
   2-23  any condition of the distributor's operating permit.
   2-24        (g)  A person commits an offense if the person acts as a
   2-25  distributor without a distributor's operating permit issued under
   2-26  this section.  An offense under this section is a Class B
   2-27  misdemeanor.
    3-1        SECTION 2.  Sections 502.004(b) and (c), Health and Safety
    3-2  Code, are amended to read as follows:
    3-3        (b)  If the OSHA standard is in effect, manufacturing
    3-4  employers and distributors who are regulated by and complying with
    3-5  the OSHA standard are required to comply only with Sections
    3-6  502.005(d) and (e); 502.006(a) and (d); 502.008; 502.012(d), (e),
    3-7  and (f); and 502.013(b), (c), (d), and (e); and distributors are
    3-8  required to comply with Section 502.017.
    3-9        (c)  Nonmanufacturing employers who adopt and comply with the
   3-10  OSHA standard may be certified by the commissioner as being in
   3-11  compliance with this chapter, except for Sections 502.005(d) and
   3-12  (e); 502.006(a) and (d); 502.008; 502.012(d), (e), and (f); <and>
   3-13  502.013(b), (c), (d), and (e); and Section 502.017.  The
   3-14  commissioner shall make the certification annually.
   3-15        SECTION 3.  Section 502.016, Health and Safety Code, is
   3-16  amended by amending Subsection (a) and adding Subsection (c) to
   3-17  read as follows:
   3-18        (a)  The board may adopt rules and administrative procedures
   3-19  reasonably necessary to carry out the purposes of this chapter.
   3-20  The board may adopt safety standards for the operation of a
   3-21  distributor and for the possession, storage, and transportation of
   3-22  hazardous chemicals.
   3-23        (c)  The department may charge a fee for the issuance of each
   3-24  distributor's operating permit.  The amount of the fee shall be set
   3-25  by the board in an amount not to exceed the cost of the
   3-26  administration of Section 502.017.
   3-27        SECTION 4.  This Act takes effect September 1, 1993.
    4-1        SECTION 5.  The importance of this legislation and the
    4-2  crowded condition of the calendars in both houses create an
    4-3  emergency and an imperative public necessity that the
    4-4  constitutional rule requiring bills to be read on three several
    4-5  days in each house be suspended, and this rule is hereby suspended.