1-1 By: Martin (Senate Sponsor - Parker) H.B. No. 1680
1-2 (In the Senate - Received from the House May 10, 1993;
1-3 May 11, 1993, read first time and referred to Committee on Health
1-4 and Human Services; May 23, 1993, reported favorably by the
1-5 following vote: Yeas 8, Nays 0; May 23, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Zaffirini x
1-9 Ellis x
1-10 Madla x
1-11 Moncrief x
1-12 Nelson x
1-13 Patterson x
1-14 Shelley x
1-15 Truan x
1-16 Wentworth x
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to the authority of the Texas Department of Health over
1-20 demolition and renovation activities to protect the public from
1-21 emissions of asbestos.
1-22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-23 SECTION 1. Section 12, Chapter 97, Acts of the 70th
1-24 Legislature, Regular Session, 1987 (Article 4477-3a, Vernon's Texas
1-25 Civil Statutes), is amended by adding Subsections (k)-(n) to read
1-26 as follows:
1-27 (k) The department may adopt and enforce rules regarding
1-28 demolition and renovation activities to protect the public from
1-29 emissions of asbestos. At a minimum, the rules must be sufficient
1-30 to permit the department to obtain the authority from the United
1-31 States Environmental Protection Agency to implement and enforce in
1-32 this state the provisions of 40 C.F.R. Part 61, Subpart M, that
1-33 establish the requirements applicable to the demolition and
1-34 renovation of facilities, including the disposal of
1-35 asbestos-containing waste materials.
1-36 (l) Employees and agents of the department may enter any
1-37 facility, as that term is defined by 40 C.F.R. Part 61, Subpart M,
1-38 to inspect and investigate conditions to determine compliance with
1-39 the rules adopted under Subsection (k) of this section.
1-40 (m) The department and the Texas Natural Resource
1-41 Conservation Commission by rule shall adopt a joint memorandum of
1-42 understanding concerning the inspection of solid waste facilities
1-43 that receive asbestos.
1-44 (n) The department may contract with any person to perform
1-45 inspections necessary to enforce this Act.
1-46 SECTION 2. Until the Texas Department of Health adopts fees
1-47 to be collected from contractors performing demolition and
1-48 renovation projects that may involve asbestos, the fees for
1-49 oversight and enforcement activities required under the federal
1-50 Clean Air Act for those projects are in the amounts set by the
1-51 Texas Air Control Board for those activities.
1-52 SECTION 3. This Act takes effect September 1, 1993.
1-53 SECTION 4. The importance of this legislation and the
1-54 crowded condition of the calendars in both houses create an
1-55 emergency and an imperative public necessity that the
1-56 constitutional rule requiring bills to be read on three several
1-57 days in each house be suspended, and this rule is hereby suspended.
1-58 * * * * *
1-59 Austin,
1-60 Texas
1-61 May 23, 1993
1-62 Hon. Bob Bullock
1-63 President of the Senate
1-64 Sir:
1-65 We, your Committee on Health and Human Services to which was
1-66 referred H.B. No. 1680, have had the same under consideration, and
1-67 I am instructed to report it back to the Senate with the
1-68 recommendation that it do pass and be printed.
2-1 Zaffirini,
2-2 Chair
2-3 * * * * *
2-4 WITNESSES
2-5 No witnesses appeared on H.B. No. 1680.