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.