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.