1-1 By: Truan S.B. No. 91
1-2 (In the Senate - Filed January 8, 1993; January 14, 1993,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; May 4, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; May 4, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Zaffirini x
1-10 Ellis x
1-11 Madla x
1-12 Moncrief x
1-13 Nelson x
1-14 Patterson x
1-15 Shelley x
1-16 Truan x
1-17 Wentworth x
1-18 COMMITTEE SUBSTITUTE FOR S.B. No. 91 By: Truan
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the identification of children suffering from lead
1-22 poisoning and to control measures for lead contamination; providing
1-23 civil penalties.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Subtitle D, Title 2, Health and Safety Code, is
1-26 amended by adding Chapter 87 to read as follows:
1-27 CHAPTER 87. CHILDHOOD LEAD POISONING PREVENTION
1-28 SUBCHAPTER A. GENERAL PROVISIONS
1-29 Sec. 87.001. SHORT TITLE. This chapter may be cited as the
1-30 Childhood Lead Poisoning Prevention Act.
1-31 Sec. 87.002. DEFINITIONS. In this chapter:
1-32 (1) "Authorized agent" means an employee of the
1-33 department appointed by the director to enforce this chapter.
1-34 (2) "Child care" includes a school, preschool,
1-35 kindergarten, nursery school, or other similar activity that
1-36 provides care or instruction for young children.
1-37 (3) "Child care facility" means a public place or a
1-38 residence in which a person furnishes child care.
1-39 (4) "Director" means the director of the Department of
1-40 Public Health.
1-41 (5) "Health authority" means a physician appointed as
1-42 such under Chapter 121.
1-43 (6) "Health professional" means an individual whose:
1-44 (A) vocation or profession is directly or
1-45 indirectly related to the maintenance of health in another
1-46 individual; and
1-47 (B) duties require a specified amount of formal
1-48 education and may require a special examination, certificate or
1-49 license, or membership in a regional or national association.
1-50 (7) "Lead" includes metallic lead and lead-containing
1-51 materials.
1-52 (8) "Lead poisoning" means the presence of blood lead
1-53 concentrations known to be associated with mental and physical
1-54 disorders due to absorption, ingestion, or inhalation of lead as
1-55 specified in the most recent criteria issued by the United States
1-56 Department of Health and Human Services, United States Public
1-57 Health Service, Centers for Disease Control of the United States
1-58 Public Health Service, or other national public health organization
1-59 specified by board rule.
1-60 (9) "Local health department" means a department
1-61 created under Chapter 121.
1-62 (10) "Other benefit" means a benefit, other than a
1-63 benefit under this chapter, to which an individual is entitled for
1-64 payment of the costs of services and includes:
1-65 (A) benefits available under:
1-66 (i) an insurance policy, group health
1-67 plan, or prepaid medical care plan;
1-68 (ii) Title XVIII of the Social Security
2-1 Act (42 U.S.C. Section 1395 et seq.);
2-2 (iii) Title XIX of the Social Security Act
2-3 (42 U.S.C. Section 1396 et seq.);
2-4 (iv) the Veterans Administration;
2-5 (v) the Civilian Health and Medical
2-6 Program of the Uniformed Services; and
2-7 (vi) workers' compensation or any other
2-8 compulsory employers insurance program;
2-9 (B) benefits available under a public program
2-10 created by federal or state law or by ordinance or rule of a
2-11 municipality or political subdivision of the state, excluding
2-12 benefits created by the establishment of a municipal or county
2-13 hospital, a joint municipal-county hospital, a county hospital
2-14 authority, a hospital district, or the facilities of a publicly
2-15 supported medical school; or
2-16 (C) benefits resulting from a cause of action
2-17 for health care expenses or a settlement or judgment based on the
2-18 cause of action, if the expenses are related to the need for
2-19 services provided under this chapter.
2-20 (11) "Owner" means a person who, alone, jointly, or
2-21 severally with others, has title to any residence or residential
2-22 unit, regardless of actual possession of the residence or unit, or
2-23 has charge, care, or control of a residence or residential unit as
2-24 owner or agent of the owner or as executor, administrator, trustee,
2-25 or guardian of the estate of the owner. The term does not include
2-26 a bank, lending institution, mortgage company, or mortgagee unless
2-27 the mortgagee takes actual physical possession under applicable
2-28 law.
2-29 (12) "Physician" means a person licensed to practice
2-30 medicine by the Texas State Board of Medical Examiners.
2-31 (13) "Provider" means a person who, through a grant or
2-32 contract with the department or through other means approved by
2-33 board rule, furnishes program services under Subchapter C that are
2-34 purchased by the department for the purposes of this chapter.
2-35 (14) "Public health district" means a district created
2-36 under Chapter 121.
2-37 (15) "Public health region" means a geographic area of
2-38 the state designated by the board for the provision of public
2-39 health services under Chapter 121.
2-40 (16) "Public health services" has the meaning given
2-41 that term by Chapter 12.
2-42 (17) "Public place" means all or any portion of an
2-43 area, a building or other structure, or a conveyance that is not
2-44 used for private residential purposes, regardless of ownership.
2-45 (18) "Regional director" means a physician appointed
2-46 by the board as the chief administrative officer of a public health
2-47 region under Chapter 121.
2-48 (19) "Residence" means a building or structure or a
2-49 portion of a building or structure that is occupied in whole or in
2-50 part as the private home, dwelling, or sleeping place of one or
2-51 more individuals and includes a residence that serves as a private
2-52 child care facility.
2-53 (20) "Screening test" means a rapid analytical
2-54 laboratory procedure for determining the need for further
2-55 diagnostic evaluation.
2-56 Sec. 87.003. CONFIDENTIALITY. (a) Except as specifically
2-57 authorized by this chapter, reports, records, and information
2-58 furnished to a health authority, a regional director, or the
2-59 department that relate to cases or suspected cases of childhood
2-60 lead poisoning are confidential and may be used only for the
2-61 purposes of this chapter.
2-62 (b) Reports, records, and information relating to cases or
2-63 suspected cases of childhood lead poisoning are not public
2-64 information under the open records law, Chapter 424, Acts of the
2-65 63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
2-66 Texas Civil Statutes), and may not be released or made public on
2-67 subpoena or otherwise except as provided by this chapter.
2-68 (c) Medical, epidemiologic, or toxicologic information may
2-69 be released:
2-70 (1) for statistical purposes if released in a manner
3-1 that prevents the identification of any person;
3-2 (2) with the consent of each person identified in the
3-3 information;
3-4 (3) to medical personnel, appropriate state agencies,
3-5 health authorities, regional directors, and public officers of
3-6 counties and municipalities as necessary to comply with this
3-7 chapter and related rules relating to the:
3-8 (A) identification, diagnosis, and treatment of
3-9 children with lead poisoning and their families;
3-10 (B) testing of appropriate public places,
3-11 residences, and child care facilities for lead contamination; and
3-12 (C) remediation of lead contamination in public
3-13 places, residences, and child care facilities;
3-14 (4) to appropriate federal agencies, such as the
3-15 Centers for Disease Control of the United States Public Health
3-16 Service, except that the information must be limited to the
3-17 information requested by the agency; or
3-18 (5) to medical personnel to the extent necessary in a
3-19 medical emergency to protect the health or life of the child
3-20 identified in the information.
3-21 (d) The director, a regional director or other department
3-22 employee, a health authority or employee of a public health
3-23 district, a health authority or employee of a county or municipal
3-24 health department, or a public official of a county or municipality
3-25 may not be examined in a civil, criminal, special, or other
3-26 proceeding as to the existence or contents of pertinent records of
3-27 or reports or information about a child identified, examined, or
3-28 treated for lead poisoning by the department, a public health
3-29 district, a local health department, or a health authority without
3-30 the consent of the child's parents, managing conservator, guardian,
3-31 or other person authorized by law to give consent.
3-32 Sec. 87.004. CONTRACTS; AGREEMENTS. The department may
3-33 enter into contracts or agreements as necessary to implement this
3-34 chapter. The contracts or agreements may provide for payment by
3-35 the state for materials, equipment, services, and space rental.
3-36 Sec. 87.005. FUNDS. Subject to any limitations or
3-37 conditions prescribed by the legislature, the board and the
3-38 department may seek, receive, and spend appropriations, fees,
3-39 grants, or donations to carry out the purposes of this chapter,
3-40 including:
3-41 (1) the prevention of childhood lead poisoning;
3-42 (2) the identification, investigation, or treatment of
3-43 cases or suspected cases of childhood lead poisoning; and
3-44 (3) the inspection of public places, residences, and
3-45 child care facilities suspected or known to be contaminated by lead
3-46 and to be the cause or suspected cause of childhood lead poisoning.
3-47 Sec. 87.006. LIMITATION ON LIABILITY. An individual
3-48 performing duties in compliance with orders or instructions of the
3-49 department or a health authority issued under this chapter is not
3-50 liable for the death of or injury to an individual or for damage to
3-51 property, except in a case of wilful misconduct or gross
3-52 negligence.
3-53 Sec. 87.007. COOPERATION OF GOVERNMENTAL ENTITIES. Any
3-54 governmental entity capable of assisting the department in carrying
3-55 out this chapter may cooperate with the department and furnish its
3-56 expertise, services, and facilities.
3-57 Sec. 87.008. PUBLIC EDUCATION. The department may institute
3-58 a public education effort to inform the public of the dangers,
3-59 frequency, and sources of lead contamination that lead to childhood
3-60 lead poisoning and of the methods of preventing childhood lead
3-61 poisoning. The education effort may target persons in areas of
3-62 significant exposure to sources of lead poisoning, including
3-63 parents, teachers, social workers, other human services personnel,
3-64 owners of residential property, and health care personnel.
3-65 Sec. 87.009. RESEARCH AND DEVELOPMENT; APPROVAL OF NEW
3-66 METHODS TO ABATE LEAD. (a) The department may investigate,
3-67 develop, field test, and approve new methods of removing, covering,
3-68 or otherwise abating paint, plaster, or other materials that
3-69 contain dangerous levels of lead to encourage and facilitate the
3-70 remediation of lead contamination in residences with greater
4-1 efficiency, safety, and economy.
4-2 (b) The department may consult with the appropriate state
4-3 and federal agencies before field testing or approving new methods
4-4 of lead abatement to ensure that the methods are consistent with
4-5 laws and regulations that address the occupational safety and
4-6 health of workers in lead abatement operations.
4-7 (c) The department may contract with persons to support
4-8 research and development of the new methods.
4-9 Sec. 87.010. DELEGATION. (a) The board by rule may
4-10 delegate a power or duty imposed on the director by this chapter to
4-11 a designee of the board, including the power or duty to order or to
4-12 render a final administrative decision.
4-13 (b) A health authority may, unless otherwise restricted by
4-14 law, delegate a power or duty imposed on the health authority to an
4-15 employee of the local health department, the local health unit, or
4-16 the public health district in which the health authority serves. A
4-17 power or duty imposed on the health authority that requires
4-18 independent medical judgment must be delegated in accordance with
4-19 Chapter 121 and only to a properly qualified physician while the
4-20 health authority is absent or incapacitated.
4-21 Sec. 87.011. RULES. (a) The board may adopt substantive
4-22 and procedural rules necessary to implement this chapter.
4-23 (b) Substantive rules adopted by the board shall impose
4-24 obligations, rights, and remedies for residence owners and
4-25 occupants that are substantively the same as any federal
4-26 regulations relating to lead contamination.
4-27 (Sections 87.012 to 87.020 reserved for expansion
4-28 SUBCHAPTER B. REPORTS OF CHILDHOOD LEAD POISONING
4-29 Sec. 87.021. REPORTABLE HEALTH CONDITIONS. (a) Early
4-30 childhood lead poisoning is a reportable health condition.
4-31 (b) The board by rule may designate:
4-32 (1) blood lead concentrations in children that must be
4-33 reported; and
4-34 (2) the ages of children for whom the reporting
4-35 requirements apply.
4-36 (c) The board may adopt rules that establish a registry of
4-37 children with lead poisoning.
4-38 Sec. 87.022. PERSONS REQUIRED TO REPORT. (a) A person
4-39 required to report early childhood lead poisoning shall report to
4-40 the department in the manner specified by board rule. Except as
4-41 provided by this section, a person required by this section to
4-42 report must make the report immediately after the person gains
4-43 knowledge of the case or suspected case of childhood lead
4-44 poisoning.
4-45 (b) A physician shall report a case or suspected case of
4-46 childhood lead poisoning after the physician's first examination of
4-47 a child for whom reporting is required by board rule.
4-48 (c) A person in charge of an independent clinical
4-49 laboratory, a hospital or clinic laboratory, or other facility in
4-50 which a laboratory examination of a specimen derived from the human
4-51 body yields evidence of childhood lead poisoning shall report the
4-52 findings to the department as required by board rule.
4-53 (d) If a report is not made as required by Subsection (b) or
4-54 (c), the following persons shall report a case or suspected case of
4-55 childhood lead poisoning and all information known concerning the
4-56 child:
4-57 (1) the administrator of a hospital licensed under
4-58 Chapter 241;
4-59 (2) a professional registered nurse;
4-60 (3) an administrator or director of a public or
4-61 private child care facility;
4-62 (4) an administrator of a home health agency;
4-63 (5) an administrator or health official of a public or
4-64 private institution of higher education;
4-65 (6) a superintendent, manager, or health official of a
4-66 public or private camp, home, or institution;
4-67 (7) a parent, managing conservator, guardian, or
4-68 residence owner; and
4-69 (8) a health professional.
4-70 Sec. 87.023. REPORTING PROCEDURES. (a) The board shall
5-1 prescribe the form and method of reporting under this chapter,
5-2 including a report in writing, by telephone, or by electronic data
5-3 transmission.
5-4 (b) Board rules may require the reports to contain any
5-5 information relating to a case that is necessary for the purposes
5-6 of this chapter, including:
5-7 (1) the child's name, address, age, sex, and race;
5-8 (2) the child's blood lead concentration;
5-9 (3) the procedure used to determine the child's blood
5-10 lead concentration; and
5-11 (4) the name of the attending physician.
5-12 (c) The director may authorize an alternate routing of
5-13 information in particular cases if the director determines that the
5-14 customary reporting procedure would cause the information to be
5-15 unduly delayed.
5-16 Sec. 87.024. REPORT OF HOSPITALIZATION OR DEATH. (a) A
5-17 physician who attends a child during the child's hospitalization
5-18 shall immediately notify the department if the physician knows or
5-19 suspects that the child has lead poisoning and the physician
5-20 believes the lead poisoning resulted from the child's exposure to a
5-21 dangerous level of environmental lead that may be a threat to the
5-22 public health.
5-23 (b) A physician who attends a child during the child's last
5-24 illness shall immediately notify the department if the physician:
5-25 (1) knows or suspects that the child died of lead
5-26 poisoning; and
5-27 (2) believes the lead poisoning resulted from the
5-28 child's exposure to a dangerous level of environmental lead that
5-29 may be a threat to the public health.
5-30 (c) An attending physician, health authority, or regional
5-31 director, with the consent of the child's survivors, may request an
5-32 autopsy if the physician, health authority, or regional director
5-33 needs further information concerning the cause of death in order to
5-34 protect the public health. The health authority or regional
5-35 director may order the autopsy to determine the cause of death if
5-36 the child's survivors do not consent to the autopsy. The autopsy
5-37 results shall be reported to the department.
5-38 (d) A justice of the peace acting as coroner or a medical
5-39 examiner in the course of an inquest under Chapter 49, Code of
5-40 Criminal Procedure, who finds that a child's cause of death was
5-41 lead poisoning that resulted from exposure to a dangerous level of
5-42 environmental lead that the justice of the peace or medical
5-43 examiner believes may be a threat to the public health shall
5-44 immediately notify the health authority or the regional medical
5-45 director in the jurisdiction in which the finding is made.
5-46 (Sections 87.025 to 87.040 reserved for expansion
5-47 SUBCHAPTER C. PILOT PROGRAM: SCREENING AND TREATMENT
5-48 FOR EARLY CHILDHOOD LEAD POISONING
5-49 Sec. 87.041. DETECTION AND TREATMENT PROGRAM. (a) Within
5-50 the limits of available funds, the department may establish and
5-51 administer in one or more public health regions or parts of one or
5-52 more regions a pilot program to combat morbidity and mortality in
5-53 children who have elevated blood concentrations of lead.
5-54 (b) If the program is established, the board shall adopt
5-55 rules necessary to administer the program. The rules may include:
5-56 (1) a classification of childhood blood lead
5-57 concentrations that are known to produce or suspected of producing
5-58 lead poisoning in children and periodicity schedule for blood lead
5-59 testing based on age; and
5-60 (2) a system of geographic priorities to focus the
5-61 initial screening efforts on areas that are known to have or
5-62 suspected of having residences contaminated by dangerous levels of
5-63 lead that are accessible to children of any age.
5-64 (c) The department shall conduct not more than one pilot
5-65 project for the detection of childhood lead poisoning in fiscal
5-66 year 1994 and in fiscal year 1995. The number of children tested
5-67 in each pilot project may not exceed 10,000. This subsection
5-68 expires August 31, 1995.
5-69 Sec. 87.042. TEST REQUIREMENT. (a) In the area of the
5-70 pilot program, each child of an age specified by board rule shall
6-1 be given at least one screening test for lead poisoning approved by
6-2 the board.
6-3 (b) The department may prescribe the screening test
6-4 procedures to be used and the standards of accuracy and precision
6-5 required for the test.
6-6 (c) The analysis of specimens necessary for the required
6-7 screening tests must be performed by the department's laboratory or
6-8 by a laboratory approved by the department under Section 87.044.
6-9 (d) A physician or other health professional who attends a
6-10 child of an age specified by board rule is responsible for assuring
6-11 that the child is given a screening test performed in accordance
6-12 with board rules.
6-13 Sec. 87.043. DIAGNOSIS; FOLLOW-UP. (a) If, because of an
6-14 analysis of a specimen submitted under Section 87.042, the
6-15 department reasonably suspects that a child may have lead
6-16 poisoning, the department shall notify the physician or other
6-17 health professional who submitted the specimen that the results
6-18 reveal elevated levels of lead and shall include the results of the
6-19 laboratory analysis. The department may notify one or more of the
6-20 following that the results of the analysis reveal elevated
6-21 concentrations of lead and recommend that further testing is
6-22 necessary:
6-23 (1) if the submitter of the specimen was not a
6-24 physician, the physician attending the child or the physician's
6-25 designee;
6-26 (2) the parent, managing conservator, or guardian, or
6-27 another person who under the laws of another state or a court order
6-28 has care and control of the child, including the authority to
6-29 consent to the medical care of the child;
6-30 (3) the health authority or, if appropriate, the
6-31 regional director of the jurisdiction in which the child lives; and
6-32 (4) a physician who is a cooperating pediatric
6-33 specialist for the program.
6-34 (b) The department, the health authority, and the consulting
6-35 pediatric specialist may follow up a test that reveals elevated
6-36 concentrations of lead with the attending physician, with a parent,
6-37 managing conservator, or guardian of the child, or with another
6-38 person who under the laws of another state or a court order has
6-39 care and control of the child, including the authority to consent
6-40 to the medical care of the child.
6-41 Sec. 87.044. APPROVAL OF LABORATORIES. (a) The department
6-42 may develop and administer a program to approve any laboratory that
6-43 wishes to perform the approved screening test for lead poisoning.
6-44 The board may adopt rules prescribing procedures and standards for
6-45 the conduct of the approval program.
6-46 (b) The board may prescribe the form and requirements of an
6-47 application for approval and the procedures for processing the
6-48 application.
6-49 (c) The board may prescribe the test procedure to be
6-50 employed by an approved laboratory and the standards of accuracy
6-51 and precision for the test procedure.
6-52 (d) The department may extend or renew any approval in
6-53 accordance with the procedures in board rules.
6-54 (e) The department may for cause, after notice to the
6-55 affected laboratory and an opportunity for an administrative
6-56 hearing, deny the application of a laboratory for failure to meet
6-57 the criteria for approval set out in board rules.
6-58 (f) The department may suspend, restrict, or revoke the
6-59 approval granted under this section.
6-60 (g) Hearings under this section shall be conducted in
6-61 accordance with the formal hearing rules adopted by the board and
6-62 with the contested case provisions of the Administrative Procedure
6-63 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
6-64 Statutes).
6-65 (Sections 87.045 to 87.060 reserved for expansion
6-66 SUBCHAPTER D. CHILDHOOD LEAD SCREENING
6-67 PROGRAM SERVICES
6-68 Sec. 87.061. COORDINATION OF PROGRAM SERVICES. (a) A child
6-69 who meets the medical criteria specified by board rule may be
6-70 referred to the department's case management program for guidance
7-1 in applying for assistance provided through the pilot program for
7-2 lead screening established by this chapter or provided through
7-3 other department programs, the medical assistance program (Title
7-4 XIX) administered by the Texas Department of Human Services, or
7-5 other public programs.
7-6 (b) A case manager in the department shall refer a child
7-7 whose family is eligible to the Texas Department of Human Services
7-8 medical assistance program. The family must apply for benefits
7-9 from the medical assistance program before receiving program
7-10 services provided under this chapter.
7-11 Sec. 87.062. PROGRAM SERVICES. (a) Within the limits of
7-12 funds available for this purpose and in cooperation with the
7-13 child's physician, the department may provide services directly or
7-14 through approved providers to a child who meets the eligibility
7-15 criteria specified by board rule on confirmation of a child's
7-16 positive screening test for lead poisoning.
7-17 (b) The board may adopt rules specifying the type, amount,
7-18 and duration of program services to be offered. The services may
7-19 include:
7-20 (1) one or more lead screening tests for an eligible
7-21 child and, if necessary or advisable, for other children living in
7-22 the same residence as the eligible child, attending the same child
7-23 care facility as the eligible child, or occupying for an extended
7-24 period the same public place in which the eligible child lives as
7-25 specified by board rule;
7-26 (2) a diagnostic test for lead poisoning for an
7-27 eligible child and other children in the same residence, child care
7-28 facility, or public place as the eligible child as specified by
7-29 this chapter and board rule; and
7-30 (3) environmental testing of residences, child care
7-31 facilities, and public places known to be associated with children
7-32 with lead poisoning.
7-33 (c) The board may adopt other rules, including rules:
7-34 (1) to establish the criteria for eligibility for
7-35 services, including medical and financial criteria;
7-36 (2) to establish procedures necessary to determine the
7-37 medical, financial, and other eligibility of a child or the child's
7-38 family;
7-39 (3) for applying for program services and for the
7-40 processing of applications;
7-41 (4) to provide services based on a sliding scale of
7-42 financial eligibility and to impose and collect fees for program
7-43 services;
7-44 (5) for the denial, modification, suspension, and
7-45 revocation of an individual's approval to receive services; and
7-46 (6) for approving providers to furnish program
7-47 services, with priority given to publicly supported health care
7-48 providers, including public health districts and local health
7-49 departments that have a history of providing public health services
7-50 under contract with the department in the region or regions
7-51 selected for the pilot project.
7-52 (d) The department may select providers according to the
7-53 criteria specified by board rule.
7-54 (e) The department may charge fees for the provision of
7-55 services and may require an approved provider to charge fees for
7-56 services provided under this chapter. The board by rule may:
7-57 (1) establish a range of fees that the department or
7-58 an approved provider may charge for services furnished under this
7-59 chapter;
7-60 (2) prescribe the disposition of fees collected by a
7-61 provider for services funded by the department; and
7-62 (3) require the department and a provider to provide
7-63 program services regardless of an otherwise eligible individual's
7-64 ability to pay all or part of the cost of the services.
7-65 Sec. 87.063. CONSENT. Except as otherwise provided by this
7-66 chapter, the department may not furnish program services or
7-67 authorize a provider to furnish program services without the
7-68 consent of an eligible child's parent, managing conservator, or
7-69 guardian or of another person who under the law of another state or
7-70 a court order may give consent for the child.
8-1 Sec. 87.064. DENIAL, MODIFICATION, SUSPENSION, AND
8-2 REVOCATION OF APPROVAL TO PROVIDE SERVICES. (a) After notice and
8-3 an opportunity for a fair hearing, the department may deny the
8-4 approval or modify, suspend, or revoke the approval of a person to
8-5 provide services under this subchapter.
8-6 (b) The department shall give notice and conduct the hearing
8-7 in accordance with the board's informal hearing rules.
8-8 (c) Sections 13 through 20, Administrative Procedure and
8-9 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
8-10 Statutes), do not apply to the notice and hearing required by this
8-11 section.
8-12 (d) This section does not apply to the revocation of
8-13 provider approval if the department restricts program services to
8-14 conform to budgetary limitations that require the board to
8-15 establish service priorities.
8-16 Sec. 87.065. FINANCIAL ELIGIBILITY FOR PROGRAM SERVICES;
8-17 OTHER BENEFITS. (a) An individual is not eligible to receive the
8-18 services authorized by this subchapter at no cost or at reduced
8-19 cost to the extent that the individual or the parent, managing
8-20 conservator, or other person with a legal obligation to support the
8-21 individual is eligible for some other benefit that would pay for
8-22 all or part of the services.
8-23 (b) The department may waive ineligibility under Subsection
8-24 (a) if the department finds that:
8-25 (1) good cause for the waiver is shown; and
8-26 (2) enforcement of the requirement would tend to
8-27 defeat the purpose of this chapter or disrupt the administration or
8-28 prevent the provision of services to an otherwise eligible
8-29 recipient.
8-30 (c) When an application for services is filed or at any time
8-31 that an individual is eligible for or receiving services, the
8-32 applicant or recipient shall inform the department of any other
8-33 benefit to which the applicant, recipient, or person with a legal
8-34 obligation to support the applicant or recipient may be entitled.
8-35 (d) The board by rule shall provide criteria for actions
8-36 taken under this section.
8-37 Sec. 87.066. DENIAL, MODIFICATION, SUSPENSION, AND
8-38 REVOCATION OF ELIGIBILITY TO RECEIVE SERVICES. (a) After notice
8-39 to the child's parent, managing conservator, guardian, or other
8-40 person who is legally obligated to support the child and an
8-41 opportunity for a fair hearing, the department may deny, modify,
8-42 suspend, or revoke the determination of a child's eligibility to
8-43 receive services at no cost or at reduced cost under this
8-44 subchapter.
8-45 (b) Notice shall be given and a hearing conducted in
8-46 accordance with the board's informal hearing rules.
8-47 (c) Sections 13 through 20, Administrative Procedure and
8-48 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
8-49 Statutes), do not apply to the notice and hearing required by this
8-50 section.
8-51 (d) This section does not apply to a revocation of
8-52 eligibility if the department restricts program services to conform
8-53 to budgetary limitations that require the board to establish
8-54 service priorities.
8-55 Sec. 87.067. REIMBURSEMENT. (a) The board may require a
8-56 child's parent, managing conservator, guardian, or other person who
8-57 is legally obligated to support the child to pay or reimburse the
8-58 department or an approved provider, as appropriate, for all or part
8-59 of the cost of the services provided.
8-60 (b) The recipient or parent, managing conservator, or other
8-61 person with a legal obligation to support a child who has received
8-62 services from the department that are covered by some other benefit
8-63 shall, when the other benefit is received, reimburse the department
8-64 for the cost of services provided.
8-65 Sec. 87.068. RECOVERY OF COSTS. (a) The department is
8-66 entitled to recover an expenditure for services provided under this
8-67 chapter from:
8-68 (1) a person who does not pay a fee for services
8-69 assessed by the department or an approved provider;
8-70 (2) a person who does not reimburse the department or
9-1 an approved provider as required by this subchapter; or
9-2 (3) a third party with a legal obligation to pay other
9-3 benefits who has notice of the department's or provider's interests
9-4 in the other benefits.
9-5 (b) This section creates a separate and distinct cause of
9-6 action, and the director may request the attorney general to bring
9-7 suit in the appropriate court of Travis County on behalf of the
9-8 department.
9-9 (c) In a judgment in favor of the department, the court may
9-10 award attorney fees, court costs, and interest accruing from the
9-11 date on which the department provides the service to the date on
9-12 which the department is reimbursed.
9-13 (d) The board by rule shall provide criteria for actions
9-14 taken under this section.
9-15 (Sections 87.069 to 87.080 reserved for expansion
9-16 SUBCHAPTER E. INSPECTIONS AND INVESTIGATIONS
9-17 Sec. 87.081. INVESTIGATIONS. (a) The department may
9-18 investigate the causes of childhood lead poisoning, the sources of
9-19 lead contamination, and methods to prevent poisoning and
9-20 environmental contamination.
9-21 (b) The department may require special investigations of
9-22 specified cases of childhood lead poisoning to evaluate the status
9-23 in this state of lead contamination in public buildings and private
9-24 residences. Each health authority shall provide information on
9-25 request according to the department's written instructions.
9-26 (c) The department may investigate the existence of
9-27 childhood lead poisoning in the state to determine the nature and
9-28 extent of the condition and to formulate and evaluate the control
9-29 measures used to protect the public health.
9-30 (d) A person shall provide records, including physician and
9-31 hospital patient records, or make those records available to
9-32 authorized agents for inspection and shall provide other
9-33 information to the department on request according to the
9-34 department's written instructions.
9-35 Sec. 87.082. WITNESSES; DOCUMENTS. (a) For the purpose of
9-36 an investigation under Section 87.081, the department may
9-37 administer oaths, summon witnesses, and compel the attendance of a
9-38 witness or the production of a document, including a physician or
9-39 hospital patient record. The department may request the assistance
9-40 of a county or district court to compel the attendance of a
9-41 summoned witness or the production of a requested document at a
9-42 hearing.
9-43 (b) A witness or deponent who is not a party and who is
9-44 subpoenaed or otherwise compelled to appear at a hearing or
9-45 proceeding under this section conducted outside the witness's or
9-46 deponent's county of residence is entitled to a travel and per diem
9-47 allowance in an amount set by board rule, but not to exceed the
9-48 travel and per diem allowance authorized for state employees
9-49 traveling in this state on official business.
9-50 Sec. 87.083. SAMPLES. (a) A person authorized to conduct
9-51 an investigation under this subchapter may take samples of
9-52 materials present on the premises, including air, water, soil,
9-53 paint, plaster, other building materials, and household goods.
9-54 (b) A person who takes a sample under this section shall
9-55 offer a corresponding sample to the person in control of the
9-56 premises for independent analysis.
9-57 (c) A person who takes a sample under this section may
9-58 reimburse or offer to reimburse the owner for the materials taken.
9-59 The reimbursement may not exceed the actual monetary loss to the
9-60 owner.
9-61 (d) The lead content of samples taken by inspectors and
9-62 investigators and the samples given to the person in control of the
9-63 premises must be determined as specified by board rule.
9-64 Sec. 87.084. INSPECTION. The director, the director's
9-65 designee, a health authority, or a health authority's designee may
9-66 enter at reasonable times and inspect within reasonable limits a
9-67 public place in the performance of that person's duty to prevent or
9-68 control childhood lead poisoning in this state by enforcing this
9-69 chapter or board rules adopted under this chapter.
9-70 Sec. 87.085. RIGHT OF ENTRY. For an investigation or
10-1 inspection, the director, the director's designee, a health
10-2 authority, or the health authority's designee has the right of
10-3 entry on land or in a building, vehicle, watercraft, or aircraft
10-4 and the right of access to an individual or object that is in
10-5 detention or restriction instituted under state or federal law by
10-6 the director or a health authority or instituted voluntarily on
10-7 instructions of a private physician.
10-8 Sec. 87.086. INSPECTIONS AND INVESTIGATIONS OF RESIDENCE.
10-9 (a) If the director or a health authority receives information
10-10 about a case of childhood lead poisoning reported under Subchapter
10-11 B, detected under Subchapter C, or identified by other means, the
10-12 director or health authority may order an inspection and
10-13 investigation of the residence in which the child lives or has
10-14 recently lived or the child care facility which the child attends
10-15 or has recently attended if the adult occupants of the residence
10-16 consent to the inspection and investigation.
10-17 (b) If the occupants of the residence do not consent, the
10-18 director, the director's designee, or a health authority may apply
10-19 to a magistrate of a court of competent jurisdiction for a health
10-20 officer's search warrant under Article 18.05, Code of Criminal
10-21 Procedure, to authorize the inspection or investigation of the
10-22 residence and its contents for the purpose of determining the
10-23 sources of lead contamination that gave rise to the case of
10-24 childhood lead poisoning.
10-25 (c) Inspectors must immediately report the results of the
10-26 inspection and investigation to the director and the health
10-27 authority.
10-28 Sec. 87.087. PROBABLE CAUSE. For purposes of Section
10-29 87.086, the showing of evidence of probable cause required to
10-30 obtain a health officer's warrant under Article 18.05(b), Code of
10-31 Criminal Procedure, may be met by showing that a child with a
10-32 confirmed case of lead poisoning lives or recently lived in the
10-33 residence or attends or recently attended the child care facility.
10-34 Sec. 87.088. LEAD CONTAMINATION; NOTICE. If the level of
10-35 lead contamination in a residence, child care facility, or public
10-36 place is sufficient to cause childhood lead poisoning, the director
10-37 or the health authority shall immediately inform the owner of the
10-38 building or structure, all affected tenants, all mortgagees and
10-39 lienholders of record, and the code enforcement officers of the
10-40 jurisdiction in which the residence, child care facility, or public
10-41 place is located.
10-42 Sec. 87.089. ADDITIONAL TESTING OF CHILDREN. (a) When a
10-43 level of lead contamination specified by board rule is found in a
10-44 residence, child care facility, or public place, the director, or
10-45 the health authority with the concurrence of the director, may
10-46 order the screening for lead poisoning of all children younger than
10-47 six years of age, and other children if the director considers it
10-48 advisable, who live or have recently lived in the residence, who
10-49 attend or have recently attended the child care facility, or who
10-50 routinely occupy or occupied the public place.
10-51 (b) The screening tests shall be conducted in the same
10-52 manner as the screening tests provided by Subchapter C. However,
10-53 if sufficient resources are available, the department or an
10-54 approved provider, in conjunction with the attending physicians,
10-55 may assist in the screening by providing direct screening services
10-56 to the affected children as a program service under Subchapter D.
10-57 (c) All cases or suspected cases of lead poisoning
10-58 identified under this section shall be reported to the child's
10-59 attending physician and the department.
10-60 Sec. 87.090. QUARANTINE. (a) In addition to the notices
10-61 required by Section 87.088, if the director, or a health authority
10-62 with the concurrence of the director, has reasonable cause to
10-63 believe that a residence, child care facility, or public place
10-64 routinely occupied by children who belong to a class for whom
10-65 reporting or screening is required by Subchapters B and C is or may
10-66 be contaminated with dangerous concentrations of lead, the
10-67 director, or the health authority with the concurrence of the
10-68 director, may place the residence, child care facility, or public
10-69 place in quarantine for the period necessary for a medical
10-70 examination or technical analysis of samples taken from the
11-1 property to determine if the property is contaminated. The
11-2 director or health authority may post a quarantine notice on the
11-3 residence, child care facility, or public place stating there are
11-4 possible dangerous levels of lead contamination.
11-5 (b) The department or health authority shall send notice of
11-6 the quarantine notice by registered or certified mail to the person
11-7 who owns or controls the residence, child care facility, or public
11-8 place.
11-9 (c) The department or health authority shall remove the
11-10 quarantine notice and return control of the residence, child care
11-11 facility, or public place to the person who owns or controls it if
11-12 the property is found not to be contaminated with a dangerous level
11-13 of lead. After a thorough inspection and investigation, if the
11-14 residence, child care facility, or public place is found to be
11-15 contaminated with a dangerous level of lead, the director, or a
11-16 health authority with the concurrence of the director, by written
11-17 order may require the owner of the property to impose lead
11-18 abatement measures to decontaminate the residence, child care
11-19 facility, or public place.
11-20 (d) The director or health authority shall order the removal
11-21 of the quarantine notice and return control of the property to the
11-22 owner if the lead abatement measures are completed and the work
11-23 product meets the standards set by board rule. If the lead
11-24 abatement measures are ineffective or if there is not a technically
11-25 feasible abatement measure available for use, the department or
11-26 health authority may continue the quarantine and order the person
11-27 who owns the residence, child care facility, or public place:
11-28 (1) if the property is suitable for use only by
11-29 children who are in a class specified by board rule, to destroy the
11-30 property, other than land, in a manner that decontaminates the
11-31 property to prevent the spread of contamination;
11-32 (2) if the property is land, to securely fence the
11-33 perimeter of the land or any part of the land that is contaminated
11-34 to prevent entry by children who are in a class specified by board
11-35 rule; or
11-36 (3) to securely seal off a contaminated structure or
11-37 other property on land to prevent entry into the contaminated area
11-38 by children in a class specified by board rule until the quarantine
11-39 is removed by the board or health authority.
11-40 (e) The director or health authority may petition the county
11-41 or district court of the county in which the property is located
11-42 for orders necessary to protect the public health if:
11-43 (1) a person fails or refuses to comply with the
11-44 orders of the director or health authority as required by this
11-45 section; and
11-46 (2) the director or health authority has reason to
11-47 believe that the property is or may be contaminated with lead to
11-48 the extent that it presents an immediate threat to the public
11-49 health.
11-50 (f) After the filing of a petition, the court may grant a
11-51 temporary restraining order or a mandatory or prohibitory temporary
11-52 or permanent injunction for the health and safety of the public.
11-53 (g) The person who owns the property shall pay all expenses
11-54 of implementing lead abatement measures, court costs, storage, and
11-55 other justifiable expenses. The court may require the person who
11-56 owns the property to execute a bond in an amount set by the court
11-57 to ensure the performance of any lead abatement measures,
11-58 restoration, or destruction ordered by the court. If the property
11-59 is an object, the bond may not exceed the value of the object in
11-60 its noncontaminated state. The bond shall be returned to the
11-61 person when the department or health authority informs the court
11-62 that the property is no longer contaminated or that the property
11-63 has been destroyed.
11-64 (h) If the court finds that the property is not
11-65 contaminated, it shall order the department or health authority to:
11-66 (1) remove the quarantine;
11-67 (2) if the property is an object, remove the
11-68 quarantine tags; and
11-69 (3) release the property to the person who owns or
11-70 controls it.
12-1 (i) The department or health authority, as appropriate,
12-2 shall charge the owner of the property for the cost of any
12-3 abatement measures performed by the department's or health
12-4 authority's employees. The department shall deposit the payments
12-5 received to the credit of the general revenue fund to be used for
12-6 the administration of this chapter. A health authority shall
12-7 distribute payments received to each county, municipality, or other
12-8 jurisdiction in an amount proportional to the jurisdiction's
12-9 contribution to the quarantine and control expense.
12-10 (j) In this section, "property" means:
12-11 (1) an object;
12-12 (2) a parcel of land; or
12-13 (3) a structure or other property on a parcel of land.
12-14 (Sections 87.091 to 87.100 reserved for expansion
12-15 SUBCHAPTER F. CONTROL MEASURES FOR RESIDENTIAL LEAD
12-16 CONTAMINANTS; EMERGENCY LEAD CONTAMINATION
12-17 AREAS
12-18 Sec. 87.101. DEFINITION. In this subchapter, "residence,"
12-19 as defined by Section 87.002, includes the soil surrounding the
12-20 residence and attached or adjacent garages, sheds, barns, and other
12-21 outbuildings.
12-22 Sec. 87.102. CHILDREN COVERED. This subchapter covers
12-23 children who are younger than six years of age.
12-24 Sec. 87.103. OWNER'S DUTY TO REMEDIATE LEAD-CONTAMINATED
12-25 RESIDENCE. (a) On the order of the director or a health
12-26 authority, the owner of a residence that the director finds to be
12-27 contaminated with dangerous levels of lead shall remove the lead to
12-28 make it inaccessible to children if:
12-29 (1) a child who is at significant risk of lead
12-30 poisoning or repoisoning occupies or may occupy the residence for
12-31 at least a period of time specified by board rule; or
12-32 (2) a child of any age who has demonstrated pica or
12-33 whose cognitive development is delayed or retarded resides in or
12-34 will reside in the residence.
12-35 (b) If a residence that is contaminated with dangerous
12-36 levels of lead undergoes a change of ownership and as a result of
12-37 the change of ownership a child will become a resident, the new
12-38 owner shall remove or cover the lead to make it inaccessible to
12-39 children as required by this section and board rules.
12-40 Sec. 87.104. LETTER OF COMPLIANCE. When the residence meets
12-41 the remediation standards specified by board rule, the owner may
12-42 obtain a letter of compliance from a lead inspector licensed by the
12-43 department or, if the department does not license those inspectors,
12-44 an inspector with the training and experience in residential lead
12-45 inspection specified by board rule.
12-46 Sec. 87.105. OCCUPANCY PROHIBITED. Except as specified by
12-47 board rule, a child may not occupy a residence or a residential
12-48 unit contaminated with dangerous levels of lead until remediation
12-49 is complete and an inspector has issued a letter of compliance to
12-50 the owner.
12-51 Sec. 87.106. APPLICATION OF SUBCHAPTER. Regardless of
12-52 whether a residence has been inspected under Subchapter E, the
12-53 provisions of this subchapter apply:
12-54 (1) to the owner of a residence if:
12-55 (A) a child lives in the residence; or
12-56 (B) a child occupies the residence for the
12-57 purpose of receiving child care; and
12-58 (2) to the owner of a residence when a residence
12-59 undergoes a change of ownership and as a result of that change of
12-60 ownership:
12-61 (A) a child will live in the residence; or
12-62 (B) a child will occupy the residence for the
12-63 purpose of receiving child care.
12-64 Sec. 87.107. NOTICE TO PROSPECTIVE PURCHASER OR TENANT OF
12-65 RESIDENCE. (a) An owner of a residence shall inform a prospective
12-66 purchaser or tenant of the residence about any notifications and
12-67 other information the owner has received from any governmental
12-68 representative or private testing laboratory about the presence of
12-69 dangerous levels of lead contamination in or around the residence.
12-70 (b) If an owner has information described by Subsection (a)
13-1 about the presence of dangerous levels of lead contamination in or
13-2 around the residence, the owner shall inform the prospective
13-3 purchaser or tenant of the residence of the availability of
13-4 inspections for lead contamination. After notice, if the
13-5 prospective purchaser or tenant chooses to have an inspection made,
13-6 the owner shall give the prospective purchaser or tenant at least
13-7 10 days to have an inspection performed. The cost of the
13-8 inspection is the responsibility of the prospective purchaser or
13-9 tenant.
13-10 (c) If the owner of the residence has given the prospective
13-11 purchaser or tenant the required notice of the existence of lead
13-12 contamination and the availability of inspections for lead
13-13 contamination, the owner must obtain the signature of the purchaser
13-14 or tenant, when or at any time before the sale is closed or the
13-15 lease or rental agreement is fully executed, on a document
13-16 acknowledging that the purchaser or tenant has been given notice of
13-17 the lead contamination in or around the residence and the
13-18 availability of inspections for lead contamination.
13-19 (d) An owner is liable for damages caused by the owner's
13-20 failure to give notice as required by this section.
13-21 (e) A real estate broker or real estate agent who represents
13-22 the owner in the sale, lease, or rental of the residence may act as
13-23 agent for the owner to fulfill the requirements of this section.
13-24 (f) If the owner has failed to inform the broker or agent of
13-25 the lead contamination or has concealed the contamination, the
13-26 broker or agent is not liable for failure to give notice of lead
13-27 contamination unless a reasonable, prudent broker or agent, in the
13-28 use of ordinary care under the same or similar circumstances, would
13-29 have known or should have known about the lead contamination.
13-30 (g) The board shall adopt rules necessary to carry out this
13-31 section.
13-32 Sec. 87.108. EMERGENCY LEAD POISONING AREAS. (a) On the
13-33 basis of high rates of childhood lead poisoning, the director or
13-34 one or more health authorities may designate emergency lead
13-35 poisoning areas.
13-36 (b) A health authority may designate an emergency lead
13-37 poisoning area only:
13-38 (1) within the geographic boundaries under the health
13-39 authority's jurisdiction; and
13-40 (2) after the health authority, with the concurrence
13-41 of the director, provides notice to and consults the governing body
13-42 of each county and municipality with jurisdiction over the
13-43 territory in the affected area.
13-44 (c) After consulting with other appropriate state and
13-45 federal agencies, the board may adopt rules specifying criteria and
13-46 priorities for the designation of emergency lead poisoning areas.
13-47 (d) In an emergency lead poisoning area, the director or one
13-48 or more health authorities with the concurrence of the director may
13-49 order the inspection and investigation of the exteriors of certain
13-50 buildings, the interiors of certain residences and schools, and all
13-51 soil on residential premises and in parks, vacant lots, school
13-52 grounds, and playgrounds.
13-53 (e) In a designated emergency lead poisoning area, in
13-54 addition to covering, removal, and other abatement activities
13-55 required by Section 87.103, paint, plaster, soil, and other
13-56 accessible materials contaminated with dangerous levels of lead and
13-57 located in residential premises must be removed, adequately
13-58 covered, or otherwise made inaccessible to children as specified by
13-59 board rule.
13-60 (f) Before beginning the removal, covering, or other
13-61 abatement of paint, plaster, soil, or other material, the owner or
13-62 a lead abatement worker must notify the department, the occupants
13-63 of the residence, the health authority of the jurisdiction in which
13-64 the residence is located, and any other persons specified by board
13-65 rules. The rules must also specify the form of and information
13-66 required in the notice.
13-67 (g) The lead abatement procedures shall be carried out in
13-68 accordance with board rules to ensure the safety of the occupants.
13-69 Sec. 87.109. INJUNCTION; CIVIL PENALTY. (a) If it appears
13-70 that a person has violated or is violating Section 87.103 or 87.107
14-1 or a rule adopted by the board to implement those sections, the
14-2 attorney general or a municipal, county, or district attorney, as
14-3 appropriate, at the request of the director or of a health
14-4 authority in whose jurisdiction the violation has occurred or is
14-5 occurring, may bring a civil suit for:
14-6 (1) injunctive relief to restrain the person from
14-7 continuing the violation or threat of violation;
14-8 (2) the assessment and recovery of a civil penalty for
14-9 a violation or continuing violation; or
14-10 (3) both injunctive relief and a civil penalty.
14-11 (b) The district court may grant injunctive relief, a civil
14-12 penalty, or both, as warranted by the facts. The injunctive relief
14-13 may include any prohibitory or mandatory injunction warranted by
14-14 the facts, including a temporary restraining order, temporary
14-15 injunction, or permanent injunction.
14-16 (c) The penalty may not exceed $1,000 a day for each
14-17 violation. Each day of a continuing violation is a separate
14-18 violation for the purpose of penalty assessment.
14-19 (d) In determining the amount of the penalty, the court
14-20 shall consider:
14-21 (1) the person's previous history of violations;
14-22 (2) the seriousness of the violation;
14-23 (3) any threat to the health, safety, or rights of the
14-24 public posed by the violations;
14-25 (4) the demonstrated good faith of the person charged;
14-26 and
14-27 (5) any other matters that justice may require.
14-28 (e) The department is an indispensable party in a suit
14-29 brought by a district, county, or municipal attorney under this
14-30 chapter.
14-31 (f) Venue for a suit brought under this section is in the
14-32 county in which the violation occurred, the county in which the
14-33 defendant resides, or Travis County.
14-34 (g) A civil penalty recovered in a suit brought by the
14-35 attorney general under this chapter shall be deposited in the state
14-36 treasury to the credit of the general revenue fund. A civil
14-37 penalty recovered in a suit brought by a district, county, or
14-38 municipal attorney under this chapter shall be divided equally
14-39 between the state and the county or municipality that first brought
14-40 the suit.
14-41 (h) The director, the attorney general, or a district,
14-42 county, or municipal attorney may each recover reasonable expenses
14-43 incurred in obtaining injunctive relief or civil penalties under
14-44 this section, including investigative costs, court costs,
14-45 reasonable attorney fees, witness fees, and deposition expenses.
14-46 The expenses recovered by the director are for the administration
14-47 and enforcement of this chapter.
14-48 SECTION 2. This Act takes effect September 1, 1993, except
14-49 that Subchapters C, D, and F, Chapter 87, Health and Safety Code,
14-50 as added by this Act, take effect January 1, 1994.
14-51 SECTION 3. The importance of this legislation and the
14-52 crowded condition of the calendars in both houses create an
14-53 emergency and an imperative public necessity that the
14-54 constitutional rule requiring bills to be read on three several
14-55 days in each house be suspended, and this rule is hereby suspended.
14-56 * * * * *
14-57 Austin,
14-58 Texas
14-59 May 4, 1993
14-60 Hon. Bob Bullock
14-61 President of the Senate
14-62 Sir:
14-63 We, your Committee on Health and Human Services to which was
14-64 referred S.B. No. 91, have had the same under consideration, and I
14-65 am instructed to report it back to the Senate with the
14-66 recommendation that it do not pass, but that the Committee
14-67 Substitute adopted in lieu thereof do pass and be printed.
14-68 Zaffirini,
14-69 Chair
14-70 * * * * *
15-1 WITNESSES
15-2 FOR AGAINST ON
15-3 ___________________________________________________________________
15-4 Name: Larry Niemann x
15-5 Representing: Tx Apartment Asso
15-6 City: Austin
15-7 -------------------------------------------------------------------
15-8 Name: Dianne Stewart x
15-9 Representing: Center for Public Policy Prio
15-10 City: Austin
15-11 -------------------------------------------------------------------
15-12 Name: Marcus Hanfling x
15-13 Representing: Tx Pediatric Society
15-14 City: Houston
15-15 -------------------------------------------------------------------
15-16 Name: Charles E. Sweet x
15-17 Representing: TDH
15-18 City: Austin
15-19 -------------------------------------------------------------------
15-20 Name: Leslie Lanham x
15-21 Representing: Children's Defense Fund
15-22 City: Austin
15-23 -------------------------------------------------------------------
15-24 Name: Charles R. Maddox x
15-25 Representing: Tx Dpt of Health
15-26 City: Austin
15-27 -------------------------------------------------------------------
15-28 FOR AGAINST ON
15-29 ___________________________________________________________________
15-30 Name: Melanie Lockhart x
15-31 Representing: March of Dimes Birth Defects
15-32 City: Austin
15-33 -------------------------------------------------------------------