H.B. No. 1680
    1-1                                AN ACT
    1-2  relating to the authority of the Texas Department of Health over
    1-3  demolition and renovation activities to protect the public from
    1-4  emissions of asbestos.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 12, Chapter 97, Acts of the 70th
    1-7  Legislature, Regular Session, 1987 (Article 4477-3a, Vernon's Texas
    1-8  Civil Statutes), is amended by adding Subsections (k)-(n) to read
    1-9  as follows:
   1-10        (k)  The department may adopt and enforce rules regarding
   1-11  demolition and renovation activities to protect the public from
   1-12  emissions of asbestos.  At a minimum, the rules must be sufficient
   1-13  to permit the department to obtain the authority from the United
   1-14  States Environmental Protection Agency to implement and enforce in
   1-15  this state the provisions of 40 C.F.R. Part 61, Subpart M, that
   1-16  establish the requirements applicable to the demolition and
   1-17  renovation of facilities, including the disposal of
   1-18  asbestos-containing waste materials.
   1-19        (l)  Employees and agents of the department may enter any
   1-20  facility, as that term is defined by 40 C.F.R. Part 61, Subpart M,
   1-21  to inspect and investigate conditions to determine compliance with
   1-22  the rules adopted under Subsection (k) of this section.
   1-23        (m)  The department and the Texas Natural Resource
   1-24  Conservation Commission by rule shall adopt a joint memorandum of
    2-1  understanding concerning the inspection of solid waste facilities
    2-2  that receive asbestos.
    2-3        (n)  The department may contract with any person to perform
    2-4  inspections necessary to enforce this Act.
    2-5        SECTION 2.  Until the Texas Department of Health adopts fees
    2-6  to be collected from contractors performing demolition and
    2-7  renovation projects that may involve asbestos, the fees for
    2-8  oversight and enforcement activities required under the federal
    2-9  Clean Air Act for those projects are in the amounts set by the
   2-10  Texas Air Control Board for those activities.
   2-11        SECTION 3.  This Act takes effect September 1, 1993.
   2-12        SECTION 4.  The importance of this legislation and the
   2-13  crowded condition of the calendars in both houses create an
   2-14  emergency and an imperative public necessity that the
   2-15  constitutional rule requiring bills to be read on three several
   2-16  days in each house be suspended, and this rule is hereby suspended.