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.