By Martin                                             H.B. No. 1901
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the registration of certain painting contractors;
    1-3  providing a criminal penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  DEFINITIONS.  In this Act:
    1-6              (1)  "Board" means the Texas Board of Health.
    1-7              (2)  "Department" means the Texas Department of Health.
    1-8              (3)  "Hazardous equipment" means equipment that
    1-9  presents a safety hazard to the user if misused.  The term
   1-10  includes:  commercial spray equipment, sandblast equipment,
   1-11  waterblast equipment, manlifts, scaffolding, and necessary personal
   1-12  protective equipment.
   1-13              (4)  "Hazardous paint" means a paint that contains or
   1-14  is combined with a toxic or hazardous substance, as defined by 29
   1-15  C.F.R. Section 1910.1000, Tables Z-1-A, Z-2, and Z-3, and that is
   1-16  used in vaporized, liquid, or particulate form to create a coating
   1-17  that will adhere to a surface to protect or preserve the surface.
   1-18  The term does not include a water-based paint that does not contain
   1-19  an emulsion epoxy or isocyanate.
   1-20              (5)  "Painting contractor" means a person who contracts
   1-21  to apply paint or other coatings for compensation.
   1-22              (6)  "Person" means an individual, corporation,
   1-23  organization, business trust, estate, trust, partnership,
    2-1  association, or any other private legal entity.
    2-2              (7)  "Professional painter" means a painting
    2-3  contractor, an employee of a painting contractor who applies paint
    2-4  or other coatings in the course of employment, an employee of any
    2-5  other person whose primary duty is to apply paint or other coatings
    2-6  for the employer, or a person otherwise engaged in the business of
    2-7  painting for compensation.  The term does not include a casual
    2-8  laborer, a commercial artist, or a person who creates artworks.
    2-9        SECTION 2.  REGISTRATION REQUIREMENT.  (a)  Unless registered
   2-10  with the department in accordance with this Act, a professional
   2-11  painter may not:
   2-12              (1)  apply paint or other coatings containing a
   2-13  hazardous paint; or
   2-14              (2)  use hazardous equipment to apply a hazardous
   2-15  paint.
   2-16        (b)  To register under this Act, an applicant for
   2-17  registration must apply to the department on a form prescribed by
   2-18  the department and pay the registration fee.
   2-19        (c)  Each certificate of registration issued under this Act
   2-20  must bear a unique identification number.
   2-21        (d)  A certificate of registration issued under this Act is
   2-22  valid for one year from the date of issuance.
   2-23        SECTION 3.  RULES; FEES.  (a)  The board shall adopt rules to
   2-24  specify:
   2-25              (1)  the types of hazardous paint; and
    3-1              (2)  hazardous equipment.
    3-2        (b)  The board shall set the amounts of the fees imposed
    3-3  under this Act in amounts that are reasonable and necessary to
    3-4  defray the costs of administering this Act.
    3-5        SECTION 4.  TRAINING PROGRAM.  (a)  The department shall
    3-6  establish a training program concerning the safe use of hazardous
    3-7  paint and hazardous equipment.  The program must include at least
    3-8  six but not more than 12 hours of classroom training.  The
    3-9  department shall offer the program at least quarterly and shall
   3-10  review and revise the program periodically as directed by the
   3-11  board.
   3-12        (b)  The training program must include classroom instruction
   3-13  and written and practical examinations in:
   3-14              (1)  ventilation requirements;
   3-15              (2)  use and selection of respirators;
   3-16              (3)  chemical reactions to human body tissue;
   3-17              (4)  proper use of painting tools; and
   3-18              (5)  knowledge of relevant health and safety laws and
   3-19  rules.
   3-20        (c)  The department shall issue a document evidencing
   3-21  participation in the program to each person who completes the
   3-22  program.
   3-23        SECTION 5.  RENEWAL REQUIREMENTS.  (a)  To be eligible to
   3-24  renew a certificate of registration issued under this Act, a
   3-25  professional painter annually must attend one session of the
    4-1  training program conducted by the department.
    4-2        (b)  A person whose registration is about to expire or has
    4-3  expired may apply to the department to renew the registration.  The
    4-4  person must:
    4-5              (1)  apply for renewal on a form prescribed by the
    4-6  department;
    4-7              (2)  present evidence that the person has completed the
    4-8  training program conducted by the department; and
    4-9              (3)  pay the renewal fee.
   4-10        SECTION 6.  PRESENTATION OF CERTIFICATE.  A person may not
   4-11  contract with a painting contractor to apply hazardous paint who is
   4-12  not registered under this Act.  The person shall require
   4-13  presentation of the painter's certificate of registration and shall
   4-14  record the identification number of the certificate on the contract
   4-15  document.  The department may inspect the person's records during
   4-16  reasonable business hours as necessary to ensure compliance with
   4-17  this section.
   4-18        SECTION 7.  CRIMINAL PENALTY.  (a)  A person commits an
   4-19  offense if the person, operating as a painting contractor, uses
   4-20  hazardous equipment to apply hazardous paint or applies hazardous
   4-21  paint without being registered with the department in accordance
   4-22  with this Act.
   4-23        (b)  An offense under this section is a Class C misdemeanor
   4-24  unless it is shown on the trial of the defendant that the defendant
   4-25  has been previously convicted of two or more offenses under this
    5-1  section, in which event the offense is a Class B misdemeanor.
    5-2        SECTION 8.  EFFECTIVE DATE FOR REGISTRATION REQUIREMENT.  A
    5-3  person is not required to register under this Act before January 1,
    5-4  1994.
    5-5        SECTION 9.  EFFECTIVE DATE.  This Act takes effect September
    5-6  1, 1993, except that Sections 2(a) and 7 take effect January 1,
    5-7  1994.
    5-8        SECTION 10.  EMERGENCY.  The importance of this legislation
    5-9  and the crowded condition of the calendars in both houses create an
   5-10  emergency and an imperative public necessity that the
   5-11  constitutional rule requiring bills to be read on three several
   5-12  days in each house be suspended, and this rule is hereby suspended.