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.