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.