By:  Whitmire                                          S.B. No. 700
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the Hazard Communication Act, Manufacturing Facility
    1-2  and Public Employer Community Right-to-Know Act, and the
    1-3  Non-Manufacturing Facilities Community Right-to-Know Act; providing
    1-4  separate employee right-to-know and community right-to-know
    1-5  requirements; providing for the collection of fees; and providing
    1-6  administrative, civil, and criminal penalties.
    1-7        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-8        SECTION 1.  Chapter 502, Health and Safety Code, is amended
    1-9  to read as follows:
   1-10                CHAPTER 502.  HAZARD COMMUNICATION ACT
   1-11        Sec. 502.001.  SHORT TITLE.  This chapter may be cited as the
   1-12  Hazard Communication Act.
   1-13        Sec. 502.002.  FINDINGS; PURPOSE.  (a)  The legislature finds
   1-14  that:
   1-15              (1)  the health and safety of persons <living and>
   1-16  working in this state may be improved by providing access to
   1-17  information regarding hazardous chemicals to which those persons
   1-18  may be exposed during normal employment activities<, during
   1-19  emergency situations, or as a result of proximity to the
   1-20  manufacture or use of those chemicals>; and
   1-21              (2)  many employers in this state have established
   1-22  suitable information programs for their employees and that access
   1-23  to that information is required of all manufacturing employers
    2-1  under the federal Occupational Safety and Health Administration's
    2-2  (OSHA) Hazard Communication Standard.
    2-3        (b)  It is the intent and purpose of this chapter to assure
    2-4  that, if the OSHA standard is not in effect, accessibility to
    2-5  information regarding hazardous chemicals in the workplace is
    2-6  provided to<:>
    2-7              <(1)>  employees who may be exposed to those chemicals
    2-8  in manufacturing or nonmanufacturing employer workplaces<;>
    2-9              <(2)  emergency service organizations responsible for
   2-10  dealing with chemical hazards during an emergency; and>
   2-11              <(3)  the commissioner to make the information
   2-12  available to the employee public through specific procedures>.
   2-13        Sec. 502.003.  DEFINITIONS.  In this chapter:
   2-14              (1)  "Board" means the Texas Board of Health.
   2-15              (2)  "Chemical manufacturer" means an employer in
   2-16  Standard Industrial Classification (SIC) Codes 20-39 with a
   2-17  workplace where chemicals are produced for use or distribution.
   2-18              (3)  "Chemical name" means:
   2-19                    (A)  the scientific designation of a chemical in
   2-20  accordance with the nomenclature system developed by the
   2-21  International Union of Pure and Applied Chemistry (IUPAC) or the
   2-22  Chemical Abstracts Service (CAS) rules of nomenclature; or
   2-23                    (B)  a name that clearly identifies the chemical
   2-24  for the purpose of conducting a hazard evaluation.
   2-25              (4)  "Commissioner" means the commissioner of health.
    3-1              (5)  "Common name" means a designation of
    3-2  identification, such as a code name, code number, trade name, brand
    3-3  name, or generic name, used to identify a chemical other than by
    3-4  its chemical name.
    3-5              (6)  "Department" means the Texas Department of Health.
    3-6              (7)  "Designated representative" means the individual
    3-7  or organization to whom an employee gives written authorization to
    3-8  exercise the employee's rights under this chapter, except that a
    3-9  recognized or certified collective bargaining agent is a designated
   3-10  representative regardless of written employee authorization.
   3-11              (8)  "Distributor" means a business, other than a
   3-12  chemical manufacturer or importer, that supplies hazardous
   3-13  chemicals to other distributors or to purchasers.
   3-14              (9)  "Employee" means a person who may be or may have
   3-15  been exposed to hazardous chemicals in the person's workplace under
   3-16  normal operating conditions or foreseeable emergencies, and
   3-17  includes a person working for this state, a person working for a
   3-18  political subdivision of this state, or a member of a volunteer
   3-19  emergency service organization.  The term does not include an
   3-20  office worker, a ground maintenance worker, security personnel, or
   3-21  nonresident management unless the person's job performance
   3-22  routinely involves potential exposure to hazardous chemicals.
   3-23              (10)  "Expose" or "exposure" means that an employee is
   3-24  subjected to a hazardous chemical in the course of employment
   3-25  through any route of entry, including inhalation, ingestion, skin
    4-1  contact, or absorption.  The term includes potential, possible, or
    4-2  accidental exposure.
    4-3              <(11)  "Fire chief" means the elected or paid
    4-4  administrative head of a fire department.>
    4-5              (11) <(12)>  "Hazardous chemical" means an element,
    4-6  chemical compound, or mixture of elements or compounds that is a
    4-7  physical hazard or health hazard as defined by the OSHA standard in
    4-8  29 CFR Section 1910.1200(c), or a hazardous substance as defined by
    4-9  the OSHA standard in 29 CFR Section 1910.1200(d)(3).
   4-10              (12) <(13)>  "Label" means written, printed, or graphic
   4-11  material displayed on or affixed to a container of hazardous
   4-12  chemicals.
   4-13              (13) <(14)>  "Manufacturing employer" means an employer
   4-14  with a workplace classified in Standard Industrial Classification
   4-15  (SIC) Codes 20-39 who manufactures or uses a hazardous chemical.
   4-16              (14) <(15)>  "Material safety data sheet" ("MSDS")
   4-17  means a document containing chemical hazard and safe handling
   4-18  information that is prepared in accordance with the requirements of
   4-19  the OSHA standard for that document.
   4-20              (15) <(16)>  "Nonmanufacturing employer" or "employer"
   4-21  means an employer with a workplace in Standard Industrial
   4-22  Classification (SIC) Codes 46-49 (pipelines, transportation
   4-23  services, communications, and electric, gas, and sanitary
   4-24  services), 51 (wholesale trade, nondurable goods), 75 (automotive
   4-25  repair, services, and garages), 76 (miscellaneous repair services),
    5-1  80 (health services), 82 (educational services), and 84 (museums,
    5-2  art galleries, and botanical and zoological gardens); this state
    5-3  and its political subdivisions; and volunteer emergency service
    5-4  organizations.  If the OSHA standard is not in effect, "employer"
    5-5  also includes manufacturing employer.
    5-6              (16) <(17)>  "OSHA standard" means the Hazard
    5-7  Communication Standard issued by the Occupational Safety and Health
    5-8  Administration and codified as 29 CFR Section 1910.1200.
    5-9              (17) <(18)>  "Work area" means a room or defined space
   5-10  in a workplace where hazardous chemicals are produced or used and
   5-11  where employees are present.
   5-12              (18) <(19)>  "Workplace" means an establishment at one
   5-13  geographical location containing one or more work areas.
   5-14              (19) <(20)>  "Workplace chemical list" means a list of
   5-15  hazardous chemicals developed under Section 502.005 or 29 CFR
   5-16  Section 1910.1200(e)(i).
   5-17        Sec. 502.004.  APPLICABILITY OF CHAPTER.  (a)  If the OSHA
   5-18  standard is not in effect, this chapter applies to manufacturing
   5-19  employers and distributors.
   5-20        (b)  If the OSHA standard is in effect, manufacturing
   5-21  employers, nonmanufacturing employers, and distributors who are
   5-22  regulated by and complying with the OSHA standard are required to
   5-23  comply only with Section <Sections 502.005(d) and (e);> 502.006(a)
   5-24  <and (d); 502.008; 502.012(d), (e), and (f); and 502.013(b), (c),
   5-25  (d), and (e)>.
    6-1        (c)  Nonmanufacturing employers who are not regulated by and
    6-2  complying with, and who adopt and comply with the OSHA standard may
    6-3  be certified by the commissioner as being in compliance with this
    6-4  chapter, except for Sections 502.005(d) and (e); 502.006(a) and
    6-5  (d); <502.008;> 502.011 <502.012>(d), (e), and (f); and 502.012
    6-6  <502.013>(b), (c), (d), and (e).  The commissioner shall make the
    6-7  certification annually.
    6-8        (d)  This chapter, except Section 502.008 <Sections
    6-9  502.008(a) and 502.009>, does not apply to a workplace where a
   6-10  hazardous chemical in a sealed package is received and subsequently
   6-11  sold or transferred in that package if:
   6-12              (1)  the seal and label remains intact while the
   6-13  chemical is in the workplace; and
   6-14              (2)  the chemical does not remain in the workplace
   6-15  longer than five working days.
   6-16        (e)  This chapter does not apply to the following:
   6-17              (1)  an article that:
   6-18                    (A)  is formed to a specific shape or design
   6-19  during manufacture;
   6-20                    (B)  has an end-use function dependent in whole
   6-21  or in part on the article's shape or design during end use; and
   6-22                    (C)  does not release or otherwise result in
   6-23  exposure to a hazardous chemical under normal conditions of use;
   6-24              (2)  a product intended for personal consumption by an
   6-25  employee in the workplace;
    7-1              (3)  a retail food sale establishment or other retail
    7-2  trade establishment, except processing and repair areas;
    7-3              (4)  a food, food additive, color additive, drug, or
    7-4  cosmetic as those terms are defined by the federal Food, Drug, and
    7-5  Cosmetic Act (21 U.S.C. Section 201  et seq.) or a distilled
    7-6  spirit, wine, or malt beverage as those terms are defined by the
    7-7  federal Alcohol Administration Act (27 U.S.C. Section 201 et seq.);
    7-8              (5)  a chemical in a laboratory under the direct
    7-9  supervision or guidance of a technically qualified individual if:
   7-10                    (A)  labels on incoming containers of chemicals
   7-11  are not removed or defaced;
   7-12                    (B)  material safety data sheets received are
   7-13  maintained and made accessible to employees and students;
   7-14                    (C)  the laboratory complies with Section<s>
   7-15  502.008 <and 502.009>; and
   7-16                    (D)  the laboratory is not used primarily to
   7-17  produce hazardous chemicals in bulk for commercial purposes;
   7-18              (6)  a product labeled in accordance with the federal
   7-19  Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Section 136
   7-20  et seq.);
   7-21              (7)  hazardous waste regulated in accordance with the
   7-22  federal Resource Conservation and Recovery Act (42 U.S.C. Section
   7-23  6901 et seq.); and
   7-24              (8)  radioactive waste.
   7-25        Sec. 502.005.  WORKPLACE CHEMICAL LIST.  (a)  An employer
    8-1  shall compile and maintain a workplace chemical list that contains
    8-2  the following information for each hazardous chemical normally used
    8-3  or stored in the workplace in excess of 55 gallons or 500 pounds or
    8-4  in excess of an amount that the board determines by rule for
    8-5  certain highly toxic or dangerous chemicals:
    8-6              (1)  the chemical name and the common name used on the
    8-7  MSDS and container label;
    8-8              (2)  the nomenclature used in identifying the chemical
    8-9  name; and
   8-10              (3)  the work area in which the chemical is normally
   8-11  stored or used.
   8-12        (b)  The employer shall update the workplace chemical list as
   8-13  necessary but at least once a year.
   8-14        (c)  The workplace chemical list may be prepared for the
   8-15  workplace as a whole or for each work area and must be readily
   8-16  available for employees and their representatives.  New or newly
   8-17  assigned employees shall be made aware of the workplace chemical
   8-18  list before working with or in an area containing hazardous
   8-19  chemicals.
   8-20        (d)  An employer or manufacturing employer shall give the
   8-21  commissioner a workplace chemical list.  An employer or
   8-22  manufacturing employer beginning operation shall give the
   8-23  commissioner the workplace chemical list not later than the 60th
   8-24  day after the date on which the employer or manufacturing employer
   8-25  begins operation.
    9-1        (e)  An employer or manufacturing employer shall maintain a
    9-2  workplace chemical list for at least 30 years.  The employer or
    9-3  manufacturing employer shall send complete records to the
    9-4  commissioner if the business ceases to operate in this state.
    9-5        Sec. 502.006.  MATERIAL SAFETY DATA SHEET.  (a)  A chemical
    9-6  manufacturer or distributor shall provide appropriate material
    9-7  safety data sheets to purchasers of hazardous chemicals in this
    9-8  state.
    9-9        (b)  An employer shall maintain the most current MSDS
   9-10  received from a manufacturer or distributor for each hazardous
   9-11  chemical purchased.  If a manufacturer or distributor does not
   9-12  provide an MSDS for a hazardous chemical on the workplace chemical
   9-13  list when the chemical is received at the workplace, the employer
   9-14  shall request an MSDS in writing from the manufacturer or
   9-15  distributor in a timely manner.
   9-16        (c)  Material safety data sheets shall be readily available,
   9-17  on request, for review by employees or designated representatives.
   9-18        (d)  A copy of an MSDS shall be provided to the commissioner
   9-19  on request.  The commissioner shall request an MSDS from an
   9-20  employer or manufacturing employer when a person requests an MSDS
   9-21  from the commissioner and the person's request is based on that
   9-22  person's review of an employer's or manufacturing employer's
   9-23  workplace chemical list.
   9-24        Sec. 502.007.  LABEL.  (a)  A label on an incoming container
   9-25  of a hazardous chemical may not be removed or defaced.
   10-1        (b)  An employee may not be required to work with a hazardous
   10-2  chemical from an unlabeled container except for a portable
   10-3  container intended for the immediate use of an employee who
   10-4  performs the transfer.
   10-5        Sec. 502.008.  <EMERGENCY INFORMATION.  (a)  An employer or
   10-6  manufacturing employer who normally stores a hazardous chemical in
   10-7  an amount in excess of 55 gallons or 500 pounds or in excess of an
   10-8  amount the board determines by rule for certain highly toxic or
   10-9  dangerous hazardous chemicals shall provide to the fire chief of
  10-10  the fire department having jurisdiction over the workplace, in
  10-11  writing, the names and telephone numbers of knowledgeable
  10-12  representatives of the employer or manufacturing employer who can
  10-13  be contacted for further information or contacted in case of an
  10-14  emergency.>
  10-15        <(b)  Each employer or manufacturing employer, on request,
  10-16  shall provide a copy of the workplace chemical list to the fire
  10-17  chief.  The employer shall notify the fire chief of any significant
  10-18  changes to the workplace chemical list.>
  10-19        <(c)  The fire chief or the fire chief's representative, on
  10-20  request, may conduct on-site inspections of the chemicals on the
  10-21  workplace chemical list for the sole purpose of planning fire
  10-22  department activities in case of an emergency.>
  10-23        <(d)  An employer or manufacturing employer, on request, shall
  10-24  give the fire chief a copy of the MSDS for any chemical on the
  10-25  workplace chemical list.>
   11-1        <(e)  The fire chief shall make the workplace chemical list
   11-2  and MSDS's available to members of the fire department and to other
   11-3  personnel outside the fire department who are responsible for
   11-4  preplanning emergency activities.  The fire chief may not otherwise
   11-5  distribute the information without approval of the employer or
   11-6  manufacturing employer.>
   11-7        <Sec. 502.009>.  OUTREACH PROGRAM.  (a)  The commissioner
   11-8  shall develop an outreach program that:
   11-9              (1)  consists of an education and training program in
  11-10  the form of instructional materials to assist employers in
  11-11  fulfilling the requirements of Section 502.009 <502.010>; and
  11-12              (2)  includes the development and distribution of a
  11-13  supply of informational leaflets concerning employers' duties,
  11-14  employee rights, <the public's ability to obtain information under
  11-15  this chapter,> the outreach program, and the effects of hazardous
  11-16  chemicals.
  11-17        (b)  The commissioner may contract with a public institution
  11-18  of higher education or other public or private organization to
  11-19  develop and implement the outreach program.
  11-20        (c)  The commissioner shall develop and provide to each
  11-21  employer a suitable form of notice providing employees with
  11-22  information relating to employee rights under this chapter.
  11-23        (d)  The commissioner shall publicize the availability of
  11-24  information to answer inquiries from employees, employers, or the
  11-25  public in this state concerning the effects of hazardous chemicals.
   12-1        (e)  In cooperation with the commissioner, an employer may
   12-2  provide an outreach program in the community.
   12-3        Sec. 502.009 <502.010>.  EMPLOYEE EDUCATION PROGRAM.  (a)  An
   12-4  employer shall provide, at least once a year, an education and
   12-5  training program for employees who use or handle hazardous
   12-6  chemicals.
   12-7        (b)  Not later than the 30th day after an employer provides
   12-8  an education and training program, the employer shall report to the
   12-9  commissioner that the program has been provided to the employees.
  12-10        (c)  An employer shall provide additional instruction to
  12-11  employees when the potential for exposure to hazardous chemicals
  12-12  changes or when the employer receives new and significant
  12-13  information concerning the hazards of a chemical.
  12-14        (d)  An employer shall provide training to a new or newly
  12-15  assigned employee before the employee works with or in a work area
  12-16  containing a hazardous chemical.
  12-17        (e)  An employer shall keep a record of the dates of training
  12-18  sessions given to employees.
  12-19        (f)  An education and training program must include, as
  12-20  appropriate:
  12-21              (1)  information on interpreting labels and MSDS's and
  12-22  the relationship between those two methods of hazard communication;
  12-23              (2)  the location, acute and chronic effects, and safe
  12-24  handling of hazardous chemicals used by the employees;
  12-25              (3)  protective equipment and first aid treatment to be
   13-1  used with respect to the hazardous chemicals used by the employees;
   13-2  and
   13-3              (4)  general safety instructions on the handling,
   13-4  cleanup procedures, and disposal of hazardous chemicals.
   13-5        (g)  As part of an outreach program created in accordance
   13-6  with Section 502.008 <502.009>, the commissioner shall develop an
   13-7  education and training assistance program to assist employers who
   13-8  are unable to develop the programs because of size or other
   13-9  practical considerations.  The program shall be made available to
  13-10  those employers on request.
  13-11        Sec. 502.010 <502.011>.  LIABILITY UNDER OTHER
  13-12  LAW.  Providing information to an employee does not affect:
  13-13              (1)  the liability of an employer with regard to the
  13-14  health and safety of an employee or other person exposed to
  13-15  hazardous chemicals;
  13-16              (2)  the employer's responsibility to take any action
  13-17  to prevent occupational disease as required under other law; or
  13-18              (3)  any other duty or responsibility of a
  13-19  manufacturer, producer, or formulator to warn ultimate users of a
  13-20  hazardous chemical under other law.
  13-21        Sec. 502.011 <502.012>.  COMPLAINTS, INVESTIGATIONS, AND
  13-22  PENALTIES.  (a)  The commissioner or the commissioner's
  13-23  representative shall investigate in a timely manner a complaint
  13-24  received in writing from an employee or an employee's designated
  13-25  representative relating to an alleged violation of this chapter by
   14-1  a nonmanufacturing employer.
   14-2        (b)  A complaint received from an employee or an employee's
   14-3  designated representative relating to an alleged violation by a
   14-4  manufacturing employer shall be referred by the complainant to the
   14-5  federal Occupational Safety and Health Administration if the OSHA
   14-6  standard is in effect.  The commissioner or the commissioner's
   14-7  representative shall investigate the complaint if:
   14-8              (1)  the OSHA standard is not in effect; or
   14-9              (2)  the complaint is based on a requirement of this
  14-10  chapter.
  14-11        (c)  On presentation of appropriate credentials, an officer
  14-12  or representative of the commissioner may enter a workplace at
  14-13  reasonable times to inspect and investigate complaints.
  14-14        (d)  An employer or manufacturing employer found to be in
  14-15  violation of this chapter must comply not later than the 14th day
  14-16  after the date of the finding.  An employer or manufacturing
  14-17  employer that does not comply before the 15th day after the date of
  14-18  written notification of a violation is subject to an administrative
  14-19  penalty of not more than $500 for each violation.
  14-20        (e)  An employer or manufacturing employer who knowingly
  14-21  discloses false information or negligently fails to disclose a
  14-22  hazard as required by this chapter is subject to a civil penalty of
  14-23  not more than $5,000 for each violation.
  14-24        (f)  An employer or manufacturing employer who proximately
  14-25  causes an injury to an individual by knowingly disclosing false
   15-1  hazard information or knowingly failing to disclose hazard
   15-2  information as required by this chapter is subject to a criminal
   15-3  fine of not more than $25,000.
   15-4        (g)  This section does not affect any other right of an
   15-5  employee or any other person to receive compensation for damages
   15-6  under other law.
   15-7        Sec. 502.012 <502.013>.  EMPLOYEE NOTICE; RIGHTS OF
   15-8  EMPLOYEES.  (a)  An employer shall post adequate notice, at
   15-9  locations where notices are normally posted, informing employees of
  15-10  their rights under this chapter. If the commissioner does not
  15-11  prepare the notice under Section 502.008 <502.009>, the employer
  15-12  shall prepare the notice.
  15-13        (b)  Employees who may be exposed to hazardous chemicals
  15-14  shall be informed of the exposure and shall have access to the
  15-15  workplace chemical list and MSDS's for the hazardous chemicals.
  15-16  Employees, on request, shall be provided a copy of a specific MSDS
  15-17  with any trade secret information deleted.  In addition, employees
  15-18  shall receive training concerning the hazards of the chemicals and
  15-19  measures they can take to protect themselves from those hazards.
  15-20  Employees shall be provided with appropriate personal protective
  15-21  equipment.  These rights are guaranteed.
  15-22        (c)  An employer or a manufacturing employer may not
  15-23  discharge, cause to be discharged, otherwise discipline, or in any
  15-24  manner discriminate against an employee because the employee has:
  15-25              (1)  filed a complaint;
   16-1              (2)  assisted an inspector of the department who may
   16-2  make or is making an inspection under Section 502.011 <502.012>;
   16-3              (3)  instituted or caused to be instituted any
   16-4  proceeding under or related to this chapter;
   16-5              (4)  testified or is about to testify in a proceeding
   16-6  under this chapter; or
   16-7              (5)  exercised any rights afforded under this chapter
   16-8  on behalf of the employee or on behalf of others.
   16-9        (d)  Pay, position, seniority, or other benefits may not be
  16-10  lost as the result of the exercise of any right provided by this
  16-11  chapter.
  16-12        (e)  A waiver by an employee of the benefits or requirements
  16-13  of this chapter is void.  An employer's or a manufacturing
  16-14  employer's request or requirement that an employee waive any rights
  16-15  under this chapter as a condition of employment is a violation of
  16-16  this chapter.
  16-17        Sec. 502.013 <502.014>.  TRADE SECRETS.  (a)  An employer who
  16-18  believes that all or a part of the information required under
  16-19  Section 502.005 <or Section 502.008(b) or (d)> is a trade secret
  16-20  may withhold the information if:
  16-21              (1)  material safety data sheets are available to
  16-22  employees in the area where they work;
  16-23              (2)  hazard information concerning the trade secret
  16-24  chemicals, or an MSDS with trade secret information deleted, is
  16-25  provided, on request, to the fire chief and the commissioner;
   17-1              (3)  all relevant information is provided to a
   17-2  physician diagnosing and treating a person exposed to the chemical,
   17-3  under requirements provided by the OSHA standard in 29 CFR Section
   17-4  1910.1200(i)(2); and
   17-5              (4)  the employer can substantiate the trade secret
   17-6  claim.
   17-7        (b)  The commissioner, on the commissioner's initiative or on
   17-8  the request of an employee, the employee's designated
   17-9  representative, a fire chief, or a person who made a request under
  17-10  Section 502.006(d), may request any or all of the data
  17-11  substantiating the trade secret claim to determine whether a claim
  17-12  made under Subsection (a) is valid.
  17-13        (c)  When making a determination of a trade secret claim, the
  17-14  commissioner shall conduct a reasonable search of available
  17-15  literature to determine whether the hazard information is accurate.
  17-16        (d)  Based on a review of the health and safety information
  17-17  made available by the employer and on other available information,
  17-18  the commissioner shall sign and add an addendum to the MSDS
  17-19  stating:
  17-20              (1)  the commissioner's opinion that the MSDS reflects
  17-21  a prudent assessment of the scientific evidence regarding hazards;
  17-22  or
  17-23              (2)  if the commissioner determines that the MSDS does
  17-24  not reflect such a prudent assessment, the commissioner's opinion
  17-25  of a prudent assessment of the scientific evidence.
   18-1        (e)  The commissioner shall complete the assessment not later
   18-2  than the 90th day after the date on which the commissioner receives
   18-3  the information substantiating the trade secret claim.
   18-4        (f)  If the commissioner receives information marked
   18-5  "confidential" by the employer, the commissioner shall:
   18-6              (1)  protect the information from disclosure; and
   18-7              (2)  return the information to the employer when a
   18-8  final determination is made.
   18-9        (g)  An employer whose trade secret claim is determined to be
  18-10  invalid under this section may petition for judicial review not
  18-11  later than the 30th day after the date on which the employer was
  18-12  notified by the commissioner that the trade secret claim is
  18-13  invalid.  Judicial review is by trial de novo in a district court
  18-14  in Travis County.
  18-15        Sec. 502.014 <502.015>.  STANDARD FOR PHYSICIAN
  18-16  TREATMENT.  For the purposes of this chapter, the requirements in
  18-17  the OSHA standard for physicians treating employees apply to
  18-18  physicians treating persons.
  18-19        Sec. 502.013 <502.016>.  RULES; FEES.  (a)  The board may
  18-20  adopt rules and administrative procedures reasonably necessary to
  18-21  carry out the purposes of this chapter.
  18-22        (b)  The board may authorize the collection of fees from
  18-23  manufacturing and nonmanufacturing employers for the filing of
  18-24  workplace chemical lists required by this chapter or for other
  18-25  employee <community> right-to-know purposes under the department's
   19-1  jurisdiction.  The fees shall be paid annually and may not exceed
   19-2  $50 for each required submission.  To minimize the fees, the
   19-3  department by rule shall provide for consolidated filings for
   19-4  employers with multiple or temporary workplaces if the workplace
   19-5  chemical lists contain fewer than 25 items.
   19-6        SECTION 2.  Subtitle D, Title 6, Health and Safety Code, is
   19-7  amended by adding Chapter 505 to read as follows:
   19-8       CHAPTER 505.  MANUFACTURING AND PUBLIC EMPLOYEE COMMUNITY
   19-9                           RIGHT-TO-KNOW ACT
  19-10        Sec. 505.001.  SHORT TITLE.  This chapter may be cited as the
  19-11  Manufacturing Facility and Public Employer Community Right-To-Know
  19-12  Act.
  19-13        Sec. 505.002.  FINDINGS; PURPOSE.  (a)  The legislature finds
  19-14  that:
  19-15              (1)  the health and safety of persons living in this
  19-16  state may be improved by providing access to information regarding
  19-17  hazardous chemicals to which those persons may be exposed during
  19-18  emergency situations or as a result of proximity to the manufacture
  19-19  or use of those chemicals; and
  19-20              (2)  Many facility operators in this state have
  19-21  established suitable information programs for their communities and
  19-22  that access to the information is required of most facility
  19-23  operators under the federal Emergency Planning and Community
  19-24  Right-To-Know Act (EPCRA).
  19-25        (b)  It is the intent and purpose of this chapter to assure
   20-1  that accessibility to information regarding hazardous chemicals is
   20-2  provided to:
   20-3              (1)  fire departments responsible for dealing with
   20-4  chemical hazards during an emergency; and
   20-5              (2)  Local Emergency Planning Committees and other
   20-6  emergency planning organizations; and
   20-7              (3)  the commissioner to make the information available
   20-8  to the public through specific procedures.
   20-9        Sec. 505.003.  FEDERAL LAWS AND REGULATION; OTHER
  20-10  STANDARDS.  (a)  In this chapter, a reference to a federal law or
  20-11  regulation means a reference to the most current version of that
  20-12  law or regulation.
  20-13        (b)  In this chapter, a reference to Standard Industrial
  20-14  Classification (SIC), to nomenclature systems developed by the
  20-15  International Union of Pure and Applied Chemistry (IUPAC) or the
  20-16  Chemical Abstracts Service (CAS), or to other information,
  20-17  including such information as classification codes, performance
  20-18  standards, systematic names, standards, and systems described in
  20-19  publications sponsored by private technical or trade organizations,
  20-20  means a reference to the most current version of the publication.
  20-21        Sec. 505.004.  DEFINITIONS.  In this chapter:
  20-22              (1)  "Article" means a manufactured item:
  20-23                    (A)  that is formed to a specific shape or design
  20-24  during manufacture;
  20-25                    (B)  that has end use function(s) dependent in
   21-1  whole or in part upon its shape or design during end use; and
   21-2                    (C)  that does not release, or otherwise result
   21-3  in exposure to, a hazardous chemical, under normal conditions of
   21-4  use.
   21-5              (2)  "Board" means the Texas Board of Health.
   21-6              (3)  "Chemical name" means:
   21-7                    (A)  the scientific designation of a chemical in
   21-8  accordance with the nomenclature system developed by the
   21-9  International Union of Pure and Applied Chemistry (IUPAC) or the
  21-10  Chemical Abstracts Service (CAS) rules of nomenclature; or
  21-11                    (B)  a name that clearly identifies the chemical
  21-12  for the purpose of conducting a hazard evaluation.
  21-13              (4)  "Commissioner" means the commissioner of health.
  21-14              (5)  "Common name" means a designation of
  21-15  identification, such as a code name, code number, trade name, brand
  21-16  name, or generic name, used to identify a chemical other than by
  21-17  its chemical name.
  21-18              (6)  "Department" means the Texas Department of Health.
  21-19              (7)  "EPA" means the U.S. Environmental Protection
  21-20  Agency.
  21-21              (8)  "EPCRA" or "SARA Title III" means the federal
  21-22  Emergency Planning and Community Right-To-Know Act, also known as
  21-23  the Superfund Amendments and Reauthorization Act of 1986, Title
  21-24  III, Pub.L. No. 99-499 et seq.
  21-25              (9)  "Extremely hazardous substance" or "EHS" means any
   22-1  substance as defined in EPCRA, Section 302, or listed by the United
   22-2  States Environmental Protection Agency in 40 CFR Part 355,
   22-3  Appendices A and B.
   22-4              (10)  "Facility" means all buildings, equipment,
   22-5  structures, and other stationary items that are located on a single
   22-6  site or on contiguous or adjacent sites, which are owned or
   22-7  operated by the same person (or by any person which controls, is
   22-8  controlled by, or under common control with, such person), and
   22-9  which is in Standard Industrial Codes (SIC) 20-39 or operated by
  22-10  the State or a political subdivision of the State.
  22-11              (12)  "Facility operator" or "operator" means the
  22-12  person who controls the day to day operations of the facility.
  22-13              (13)  "Fire chief" means the elected or paid
  22-14  administrative head of a fire department.
  22-15              (14)  "Hazardous chemical" has the meaning given the
  22-16  term in 29 C.F.R. 1910.1200 (c), except that the term does not
  22-17  include the following:
  22-18              (1)  any food, food additive, color additive, drug, or
  22-19  cosmetic regulated by the Food and Drug Administration;
  22-20              (2)  any substance present as a solid in any
  22-21  manufactured item to the extent exposure to the substance does not
  22-22  occur under normal conditions of use;
  22-23              (3)  any substance to the extent that it is used for
  22-24  personal, family, or household purposes, or is present in the same
  22-25  form and concentration as a product packaged for distribution and
   23-1  use by the general public;
   23-2              (4)  any substance to the extent it is used in a
   23-3  research laboratory or a hospital or other medical facility under
   23-4  the direct supervision of a technically qualified individual; and
   23-5              (5)  any substance to the extent it is used in routine
   23-6  agricultural operations or is a fertilizer held for sale by a
   23-7  retailer to the ultimate consumer.
   23-8              (15)  "Health hazard" shall have the meaning set out in
   23-9  the OSHA standard, 29 CFR 1910.1200 (c).
  23-10              (16)  "Identity" means any chemical or common name, or
  23-11  alphabetical and/or numerical identification, which is indicated on
  23-12  the material safety data sheet (MSDS) for this chemical.  The
  23-13  identity used shall permit cross-references to be made among the
  23-14  facility chemical list, the label, and the MSDS.
  23-15              (17)  "Label" means any written, printed, or graphic
  23-16  material displayed on or affixed to a container of hazardous
  23-17  chemicals.
  23-18              (18)  "Local emergency planning committee" means a
  23-19  committee formed under the requirements of EPCRA, Section 301, and
  23-20  recognized by the state emergency response commission for the
  23-21  purposes of emergency planning and public information.
  23-22              (19)  "Material Safety Data Sheet" ("MSDS") means a
  23-23  document containing chemical hazard and safe handling information
  23-24  that is prepared in accordance with the requirements of the OSHA
  23-25  standard for that document.
   24-1              (20)  "OSHA standard" means the Hazard Communication
   24-2  Standard issued by the Occupational Safety and Health
   24-3  Administration and codified as 29 CFR Section 1910.1200.
   24-4              (21)  "Person" means any individual, trust, firm, joint
   24-5  stock company, corporation (including a government corporation),
   24-6  partnership, association, State, municipality, commission,
   24-7  political subdivision of a State, or interstate body.
   24-8              (22)  "Physical hazard" means a chemical for which
   24-9  there is scientifically valid evidence that it is a combustible
  24-10  liquid, a compressed gas, explosive, flammable, an organic
  24-11  peroxide, an oxidizer, pyrophoric, unstable (reactive) or
  24-12  water-reactive in terms defined in the OSHA standard.
  24-13              (23)  "Public employer" means the State and political
  24-14  subdivisions of the State, including state, county, and municipal
  24-15  agencies; public schools, colleges, and universities; river
  24-16  authorities and publicly-owned utilities; volunteer emergency
  24-17  service organizations; and other such employers that are not
  24-18  covered by the federal Occupational Safety and Health Act of 1970
  24-19  (Pub.L. No. 91-596), the federal Coal Mine Safety and Health Act of
  24-20  1969 (Pub.L. No. 91-173), or the federal Mine Safety and Health
  24-21  Amendments Act of 1977 (Public Law 95-164).
  24-22              (24)  "State Emergency Response Commission" or "SERC"
  24-23  means the State Emergency Management Council or other committee,
  24-24  appointed by the Governor in accordance with EPCRA.
  24-25              (25)  "Threshold planning quantity" means the minimum
   25-1  quantity of an extremely hazardous substance for which a facility
   25-2  owner or operator must participate in emergency planning, as
   25-3  defined by EPA pursuant to EPCRA, Section 302.
   25-4              (26)  "Tier Two Form" means
   25-5        (a)  a form specified by the Department under Section 505.006
   25-6  of this chapter for listing hazardous chemicals as required by
   25-7  EPCRA; or
   25-8        (b)  a form accepted by EPA under EPCRA for listing hazardous
   25-9  chemicals together with additional information required by the
  25-10  department for administering its functions related to EPCRA.
  25-11              (27)  "Workplace chemical list" means a list of
  25-12  hazardous chemicals developed under Section 502.005 (a) of this
  25-13  code or 29 CFR Section 1910.1200 (e) (i), as applicable.
  25-14        Sec. 505.005.  APPLICABILITY OF CHAPTER.  (a)  Facility
  25-15  operators whose facilities are in SIC Codes 20-39 and public
  25-16  employers shall comply with this chapter.
  25-17        (b)  This chapter does not apply to a hazardous chemical in a
  25-18  sealed package that is received and subsequently sold or
  25-19  transferred in that package if:
  25-20              (1)  the seal remains intact while the chemical is in
  25-21  the facility; and
  25-22              (2)  the chemical does not remain in the facility
  25-23  longer than five working days; and
  25-24              (3)  the chemical is not an "Extremely Hazardous
  25-25  Substance" at or above the "Threshold Planning Quantity" or 500
   26-1  pounds, whichever is less, as listed by the EPA in 40 CFR Part 355,
   26-2  Appendices A and B, or in the most current revision.
   26-3        (c)  This chapter does not apply to the following:
   26-4              (1)  Any hazardous waste as that term is defined by the
   26-5  federal Solid Waste Disposal Act, as amended by the Resource
   26-6  Conservation and Recovery Act of 1976, as amended (42 U.S.C.
   26-7  Section 6901 et seq.), when subject to regulations issued under
   26-8  that Act by the EPA;
   26-9              (2)  Tobacco or tobacco products;
  26-10              (3)  Wood or wood products;
  26-11              (4)  Articles;
  26-12              (5)  Food, drugs, cosmetics or alcoholic beverages in a
  26-13  retail food sale establishment that are packaged for sale to
  26-14  consumers;
  26-15              (6)  Foods, drugs, or cosmetics intended for personal
  26-16  consumption by an employee while in the facility;
  26-17              (7)  Any consumer product or hazardous substance, as
  26-18  those terms are defined in the Consumer Product Safety Act (15
  26-19  U.S.C. Section 2051 et seq.) and Federal Hazardous Substances Act
  26-20  (15 U.S.C. Section 1261 et seq.) respectively, if the employer can
  26-21  demonstrate it is used in the facility in the same manner as normal
  26-22  consumer use and if the use results in a duration and frequency of
  26-23  exposure which is not greater than exposures experienced by
  26-24  consumers;
  26-25              (8)  Any drug, as that term is defined in the Federal
   27-1  Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et seq.), when
   27-2  it is in solid, final form for direct administration to the
   27-3  patient, such as tablets or pills;
   27-4              (9)  the transportation, including storage incident to
   27-5  that transportation, of any substance or chemical subject to this
   27-6  chapter, including the transportation and distribution of natural
   27-7  gas; and
   27-8              (10)  radioactive waste.
   27-9        (d)  The commission shall develop an outreach program
  27-10  concerning the public's ability to obtain information under this
  27-11  chapter similar to the outreach program in Sec. 502.008 of this
  27-12  code.
  27-13        Sec.  505.006.  FACILITY CHEMICAL LIST.  (a)  For the purpose
  27-14  of community right-to-know, the operator of a facility, as defined
  27-15  in this chapter, shall compile and maintain a Tier Two Form that
  27-16  contains information on hazardous chemicals present in the facility
  27-17  in quantities that meet or exceed thresholds determined by the EPA
  27-18  in the most current revision of 40 CFR Part 370, or at any other
  27-19  reporting thresholds as determined by board rule for certain highly
  27-20  toxic or extremely hazardous substances.
  27-21        (b)  Multiple facilities may be reported on the same Tier Two
  27-22  Form, with appropriate facility identifiers, if the hazardous
  27-23  chemicals or hazardous chemical categories present at the multiple
  27-24  facilities are in the same ranges.  In multiple facility reporting,
  27-25  the reporting thresholds must be applied to each facility rather
   28-1  than to the total quantities present at all facilities.
   28-2        (c)  Each Tier Two Form shall be filed annually with the
   28-3  appropriate fee attached according to the procedures specified in
   28-4  the board's rules.  The operator shall furnish a copy of each Tier
   28-5  Two Form to the fire chief of the fire department having
   28-6  jurisdiction over the facility and to the appropriate local
   28-7  emergency planning committee.
   28-8        (d)  The Tier Two Form shall be used to comply with the
   28-9  updating requirements in EPCRA Section 311, but a fee may not be
  28-10  associated with filing the report.
  28-11        (e)  A facility operator shall file the Tier Two Form with
  28-12  the department not later than the 90th day after the date on which
  28-13  the operator begins operation or has a reportable addition, at the
  28-14  appropriate threshold, of a previously unreported hazardous
  28-15  chemical or extremely hazardous substance.  The operator shall
  28-16  furnish a copy of each Tier Two Form to the fire chief of the fire
  28-17  department having jurisdiction over the facility and to the
  28-18  appropriate local emergency planning committee.
  28-19  (f)  A facility operator shall file a material safety data sheet
  28-20  with the department upon the department's request.
  28-21        (g)  The department shall maintain records of the Tier Two
  28-22  Forms and other documents filed under this chapter or EPCRA for at
  28-23  least thirty years.
  28-24        (h)  Except as provided in Section 505.017 of this chapter,
  28-25  documents filed under this chapter are subject to the provisions of
   29-1  the Texas Open Records Act (V.A.C.S., Art. 6252-17a).
   29-2        Sec. 505.007.  DIRECT CITIZEN ACCESS TO INFORMATION.
   29-3  (a)  Except as otherwise provided by this section, a person may
   29-4  request in writing copies of the facility's existing workplace
   29-5  chemical list for community right-to-know purposes.
   29-6        (b)  Except as otherwise provided by this section, any
   29-7  facility covered by this chapter shall furnish or mail, within 10
   29-8  working days of receipt of a request pursuant to Subsection (a),
   29-9  either a copy of the facility's existing workplace chemical list or
  29-10  a modified version of the most recent Tier Two Form using a five
  29-11  hundred pound threshold.
  29-12        (c)  Any facility which has received 5 requests pursuant to
  29-13  Subsection (a) within a calendar month, four requests per calendar
  29-14  month for two or more months in a row, or more than ten requests in
  29-15  a year may elect to furnish the material to the department.
  29-16        (d)  Any facility electing to furnish the material to the
  29-17  department pursuant to Subsection (c) may during that same filing
  29-18  period inform persons making requests under Subsection (a) of the
  29-19  availability of the information at the department, and refer the
  29-20  request to the department for that filing period.  The notice to
  29-21  persons making requests shall state the address of the department
  29-22  and shall be mailed within seven days of receipt of the request, if
  29-23  by mail, and at the time of the request if in person.
  29-24        (e)  Except as provided in Section 505.017 of this chapter,
  29-25  documents filed under this chapter are subject to the provisions of
   30-1  the Texas Open Records Act (V.A.C.S., Art. 6252-17a).
   30-2  Sec. 505.008.  EMERGENCY PLANNING INFORMATION.  (a)  The fire chief
   30-3  or fire chief's representative, on request, may conduct on-site
   30-4  inspections of the chemicals on the Tier Two Form for the sole
   30-5  purpose of planning fire department activities in case of an
   30-6  emergency.
   30-7        (b)  A facility operator, on request, shall give the fire
   30-8  chief or the local emergency planning committee such additional
   30-9  information on types and amounts of hazardous chemicals present at
  30-10  a facility as they may need for emergency planning purposes.  A
  30-11  facility operator, on request, shall give the commissioner, the
  30-12  fire chief, or the local emergency planning committee a copy of the
  30-13  MSDS for any chemical on the Tier Two Form furnished under Section
  30-14  505.006 of this Title or any chemical present at the facility.
  30-15        (c)  The Department by rule may require certain categories of
  30-16  facility operators under certain circumstances to implement the
  30-17  National Fire Protection Association 704 identification system if
  30-18  an equivalent system is not in use.
  30-19        Sec. 505.009.  COMPLAINTS AND INVESTIGATIONS.  On
  30-20  presentation of appropriate credentials, an officer or
  30-21  representative of the commissioner may enter a facility at
  30-22  reasonable times to inspect and investigate complaints under this
  30-23  chapter.
  30-24        Sec. 505.010.  ADMINISTRATIVE PENALTY.  (a)  The commissioner
  30-25  may assess an administrative penalty against an operator who
   31-1  violates this chapter, the board's rules adopted under this
   31-2  chapter, or an order issued under this chapter.
   31-3        (b)  If the department finds one or more violations of this
   31-4  act, the commissioner may issue a Notice of Violation to the
   31-5  operator.  The Notice of Violation shall specifically describe the
   31-6  violation(s), refer to the applicable section(s) or subsection(s)
   31-7  of the act, and state the amount of the penalty, if any, to be
   31-8  assessed by the commissioner.
   31-9        (c)  An operator who receives a Notice of Violation may
  31-10  respond to the department in writing within fifteen (15) days of
  31-11  receipt of the Notice of Violation in one of the following ways:
  31-12              (1)  If the operator disputes the validity of the
  31-13  violation and has reason to believe that the findings of the
  31-14  department were based on inaccurate or incomplete information, the
  31-15  operator may request an informal conference with representatives of
  31-16  the department.  The purpose of an informal conference is to permit
  31-17  the operator to meet with department representatives to discuss the
  31-18  basis of the violation and to provide information to the
  31-19  department.  It shall be the responsibility of the department to
  31-20  schedule the informal conference.  A request for an informal
  31-21  conference made in bad faith shall constitute a violation of this
  31-22  act.
  31-23              (2)  The operator may correct the violation(s) and
  31-24  certify to the department that the corrections have been made.
  31-25              (3)  The operator may request a hearing.
   32-1        (d)  Following an informal conference, the department shall
   32-2  respond in writing to the operator, stating whether the department
   32-3  intends to withdraw the Notice of Violation or pursue it.  If the
   32-4  department intends to pursue the Notice of Violation, the operator
   32-5  may respond as follows within ten (10) days of receipt of the
   32-6  department's correspondence:
   32-7              (1)  The operator may correct the violation(s) and
   32-8  certify to the department that such corrections have been made; or
   32-9              (2)  The operator may request a hearing.
  32-10        (e)  A request for an informal conference or a statement by
  32-11  an operator that the operator is in compliance with the provisions
  32-12  of the act shall not constitute a waiver of the operator's right to
  32-13  a hearing.
  32-14        (f)  Except as provided in Subsection (g), the commissioner
  32-15  may not assess an administrative penalty for any violation that has
  32-16  been corrected within fifteen (15) days of the date for the Notice
  32-17  of Violation, the receipt of the department's response by the
  32-18  employer, or ten (10) days after the receipt by the operator of the
  32-19  department's response to the informal conference provided for in
  32-20  subsection (c), whichever is later.
  32-21        (g)  If a violation involves a failure to make a good-faith
  32-22  effort to comply with this chapter, the commission may assess the
  32-23  administrative penalty at any time.
  32-24        (h)  In determining the amount of the penalty, the
  32-25  commissioner shall consider:
   33-1              (1)  the operator's previous violations;
   33-2              (2)  the seriousness of the violation;
   33-3              (3)  any hazard to the health and safety of the public;
   33-4              (4)  the operator's demonstrated good faith;
   33-5              (5)  the duration of the violation; and
   33-6              (6)  such other matters as justice may require.
   33-7        (i)  The penalty may not exceed $500 a day for each day a
   33-8  violation continues, with a total not to exceed $5,000 for each
   33-9  violation.
  33-10        Sec. 505.011.  ADMINISTRATIVE PENALTY ASSESSMENT PROCEDURE.
  33-11  (a)  An administrative penalty may be assessed only after a
  33-12  facility operator charged with a violation is given an opportunity
  33-13  for a hearing.
  33-14        (b)  If a hearing is held, the commissioner shall make
  33-15  findings of fact and shall issue a written decision regarding the
  33-16  occurrence of the violation and the amount of the penalty that may
  33-17  be warranted.
  33-18        (c)  If the facility operator charged with the violation does
  33-19  not request a hearing, the commissioner may assess a penalty after
  33-20  determining that a violation has occurred and the amount of the
  33-21  penalty that may be warranted.
  33-22        (d)  After making a determination under this section that a
  33-23  penalty is to be assessed against a facility operator, the
  33-24  commissioner shall issue an order requiring that the facility
  33-25  operator pay the penalty.
   34-1        (e)  If a penalty is assessed on a complaint, the department
   34-2  may allow the operator to make a grant to the local LEPC or a
   34-3  member organization thereof in lieu of payment of the penalty.  The
   34-4  department may specify that the operator join the LEPC and attend
   34-5  all meetings for one year or write an article,  approved by the
   34-6  department, concerning community right-to-know laws applicable in
   34-7  Texas for a trade journal or other business publication.
   34-8        (f)  The commissioner may consolidate a hearing held under
   34-9  this section with another proceeding.
  34-10        Sec. 505.012.  PAYMENT OF ADMINISTRATIVE PENALTY.  (a)  Not
  34-11  later than the 30th day after the date an order finding that a
  34-12  violation has occurred is issued, the commissioner shall inform the
  34-13  facility operator against whom the order is issued of the amount of
  34-14  the penalty for the violation.
  34-15        (b)  Except as provided in Sec. 505.011(e), no later than the
  34-16  30th day after the date on which a decision or order charging a
  34-17  facility operator with a penalty is final, except as provided in
  34-18  Sec. 505.011(e), the facility operator shall:
  34-19              (1)  pay the penalty in full; or
  34-20              (2)  if the facility operator seeks judicial review of
  34-21  the amount of the penalty, the fact of the violation, or both:
  34-22                    (A)  send the amount of the penalty to the
  34-23  commissioner or placement in an escrow account; or
  34-24                    (B)  post a bond with the commissioner for the
  34-25  amount of the penalty.
   35-1        (c)  Subdivision (2) of Subsection (b) does not apply to the
   35-2  State and political subdivisions of the State.  The Department may
   35-3  by rule provide for appeals by the State and subdivisions of the
   35-4  State.
   35-5        (d)  A bond posted under this section must be in a form
   35-6  approved by the commissioner and be effective until all judicial
   35-7  review of the order or decision is final.
   35-8        (e)  A facility operator waives all rights to contest the
   35-9  violation or the amount of the penalty if the facility operator
  35-10  does not send the money to the commissioner or post the bond within
  35-11  the period prescribed by Subsection (b).
  35-12        Sec. 505.013.  REFUND OF ADMINISTRATIVE PENALTY.  Not later
  35-13  than the 30th day after the date of a judicial determination that
  35-14  an administrative penalty against a facility operator should be
  35-15  reduced or not assessed, the commissioner shall
  35-16              (1)  remit to the facility operator the appropriate
  35-17  amount of any penalty payment plus accrued interest; or
  35-18              (2)  execute a release of the bond if the facility
  35-19  operator has posted a bond.
  35-20        Sec. 505.014.  RECOVERY OF ADMINISTRATIVE PENALTY BY ATTORNEY
  35-21  GENERAL.  The attorney general at the request of the commissioner
  35-22  may bring a civil action to recover an administrative penalty under
  35-23  this chapter.
  35-24        Sec. 505.015.  CIVIL PENALTIES.  (a)  A person who knowingly
  35-25  discloses false information or negligently fails to disclose a
   36-1  hazard as required by this chapter is subject to a civil penalty of
   36-2  not more than $5,000 for each violation.
   36-3        (b)  This section does not affect any other right of a person
   36-4  to receive compensation under other law.
   36-5        Sec. 505.016.  CRIMINAL PENALTIES.  (a)  A person who
   36-6  proximately causes an occupational disease or injury to an
   36-7  individual by knowingly disclosing false information or knowingly
   36-8  failing to disclose hazard information as required by this chapter
   36-9  is subject to a criminal fine of not more than $25,000.
  36-10        (b)  This section does not affect any other right of a person
  36-11  to receive compensation under other law.
  36-12        Sec. 505.017.  TRADE SECRETS.  Facility operators must
  36-13  substantiate trade secret claims to the Administrator of the EPA,
  36-14  in accordance with EPCRA, Section 322.
  36-15        Sec. 505.018.  RULES; FEES.  (a)  The board may adopt rules
  36-16  and administrative procedures reasonably necessary to carry out the
  36-17  purposes of this chapter.
  36-18        (b)  The board may authorize the collection of annual fees
  36-19  from facility operators for the filing of Tier Two Forms required
  36-20  by this chapter.  Except as provided in Subsection (d), fees may be
  36-21  used only to fund activities under this chapter.  The fee for
  36-22  facilities in SIC codes 20-39 shall not exceed $100 for each
  36-23  required submission having no more than 25 hazardous chemicals or
  36-24  hazardous chemical categories, $200 for each required submission
  36-25  having no more than 50 hazardous chemicals or hazardous chemical
   37-1  categories, $300 for each required submission having no more than
   37-2  75 hazardous chemicals or hazardous chemical categories, $400 for
   37-3  each required submission having no more than 100 hazardous
   37-4  chemicals or hazardous chemical categories, or $500 for each
   37-5  required submission having 100 or more hazardous chemicals or
   37-6  chemical categories.  The fee for public employers shall not exceed
   37-7  $50 for each required submission having no more than 75 hazardous
   37-8  chemicals or hazardous chemical categories, or $100 for each
   37-9  required submission having more than 75 hazardous chemicals or
  37-10  chemical categories.
  37-11        (c)  To minimize the fees, the department by rule shall
  37-12  provide for consolidated filings of multiple Tier Two Forms for
  37-13  facility operators covered by Subsection (b) if each of the Tier
  37-14  Two Forms contains fewer than 25 items.
  37-15        (d)  The department may use up to twenty percent (20%) of the
  37-16  fees collected under this section as grants to local emergency
  37-17  planning committees to assist them to fulfill their
  37-18  responsibilities under EPCRA.  The department may use up to 15% of
  37-19  the fees collected under this chapter, or the amount of fees paid
  37-20  by the state and its political subdivisions, whichever is greater,
  37-21  to administer Chapter 502.
  37-22        SECTION 3.  Subtitle D, Title 6, Health and Safety Code, is
  37-23  amended by adding Chapter 506 to read as follows:
  37-24            CHAPTER 506.  NON-MANUFACTURING FACILITIES COMMUNITY
  37-25                           RIGHT-TO-KNOW ACT
   38-1        Sec. 506.001.  SHORT TITLE.  This chapter may be cited as the
   38-2  Non-Manufacturing Facilities Community Right-To-Know Act.
   38-3        Sec. 506.002.  FINDINGS; PURPOSE.  (a)  The legislature finds
   38-4  that:
   38-5              (1)  the health and safety of persons living in this
   38-6  state may be improved by providing access to information regarding
   38-7  hazardous chemicals to which those persons may be exposed during
   38-8  emergency situations or as a result of proximity to the use of
   38-9  those chemicals; and
  38-10              (2)  many facility operators in this state have
  38-11  established suitable information programs for their communities and
  38-12  that access to the information is required of most facility
  38-13  operators under the federal Emergency Planning and Community
  38-14  Right-To-Know Act (EPCRA).
  38-15        (b)  It is the intent and purpose of this chapter to assure
  38-16  that accessibility to information regarding hazardous chemicals is
  38-17  provided to:
  38-18              (1)  fire departments responsible for dealing with
  38-19  chemical hazards during an emergency; and
  38-20              (2)  Local Emergency Planning Committees and other
  38-21  emergency planning organizations; and
  38-22              (3)  the commissioner to make the information available
  38-23  to the public through specific procedures.
  38-24        Sec. 506.003.  FEDERAL LAWS AND REGULATION; OTHER
  38-25  STANDARDS.   In this chapter, a reference to a federal law or
   39-1  regulation means a reference to the most current version of that
   39-2  law or regulation.
   39-3        Sec. 506.004.  DEFINITIONS.  In this chapter:
   39-4              (1)  "Article" means a manufactured item:
   39-5                    (A)  that is formed to a specific shape or design
   39-6  during manufacture;
   39-7                    (B)  that has end use function(s) dependent in
   39-8  whole or in part upon its shape or design during end use; and
   39-9                    (C)  that does not release, or otherwise result
  39-10  in exposure to, a hazardous chemical, under normal conditions of
  39-11  use.
  39-12              (2)  "Board" means the Texas Board of Health.
  39-13              (3)  "Chemical name" means:
  39-14                    (A)  the scientific designation of a chemical in
  39-15  accordance with the nomenclature system developed by the
  39-16  International Union of Pure and Applied Chemistry (IUPAC) or the
  39-17  Chemical Abstracts Service (CAS) rules of nomenclature; or
  39-18                    (B)  a name that clearly identifies the chemical
  39-19  for the purpose of conducting a hazard evaluation.
  39-20              (4)  "Commissioner" means the commissioner of health.
  39-21              (5)  "Common name" means a designation of
  39-22  identification, such as a code name, code number, trade name, brand
  39-23  name, or generic name, used to identify a chemical other than by
  39-24  its chemical name.
  39-25              (6)  "Department" means the Texas Department of Health.
   40-1              (7)  "EPA" means the U.S. Environmental Protection
   40-2  Agency.
   40-3              (8)  "EPCRA" or "SARA Title III" means the federal
   40-4  Emergency Planning and Community Right-To-Know Act, also known as
   40-5  the Superfund Amendments and Reauthorization Act of 1986, Title
   40-6  III, Pub.L. No. 99-499 et seq.
   40-7              (9)  "Extremely hazardous substance" or "EHS" means any
   40-8  substance as defined in EPCRA, Section 302, or listed by the United
   40-9  States Environmental Protection Agency in 40 CFR Part 355,
  40-10  Appendices A and B.
  40-11              (10)  "Facility" means all buildings, equipment,
  40-12  structures, and other stationary items that are located on a single
  40-13  site or on contiguous or adjacent sites and which are owned or
  40-14  operated by the same person (or by any person which controls, is
  40-15  controlled by, or under common control with, such person);
  40-16  provided, however that the facility is not subject to Chapter 505.
  40-17              (11)  "Facility operator" or "operator" means the
  40-18  person who controls the day to day operations of the facility.
  40-19              (12)  "Fire chief" means the elected or paid
  40-20  administrative head of a fire department.
  40-21              (13)  "Hazardous chemical" has the meaning given the
  40-22  term in 29 C.F.R. 1910.1200(c), except that the term does not
  40-23  include the following:
  40-24              (1)  any food, food additive, color additive, drug, or
  40-25  cosmetic regulated by the Food and Drug Administration;
   41-1              (2)  any substance present as a solid in any
   41-2  manufactured item to the extent exposure to the substance does not
   41-3  occur under normal conditions of use;
   41-4              (3)  any substance to the extent that it is used for
   41-5  personal, family, or household purposes, or is present in the same
   41-6  form and concentration as a product packaged for distribution and
   41-7  use by the general public;
   41-8              (4)  any substance to the extent it is used in a
   41-9  research laboratory or a hospital or other medical facility under
  41-10  the direct supervision of a technically qualified individual; and
  41-11              (5)  any substance to the extent it is used in routine
  41-12  agricultural operations or is a fertilizer held for sale by a
  41-13  retailer to the ultimate consumer.
  41-14              (14)  "Health hazard" shall have the meaning set out in
  41-15  the OSHA standard, 29 CFR 1910.1200(c).
  41-16              (15)  "Identity" means a chemical or common name, or
  41-17  alphabetical and/or numerical identification, which is indicated on
  41-18  the material safety data sheet (MSDS) for this chemical.  The
  41-19  identity used shall permit cross-references to be made among the
  41-20  facility chemical list, the label, and the MSDS.
  41-21              (16)  "Label" means any written, printed, or graphic
  41-22  material displayed on or affixed to a container of hazardous
  41-23  chemicals.
  41-24              (17)  "Local emergency planning committee" means a
  41-25  committee formed under the requirements of EPCRA, Section 301, and
   42-1  recognized by the state emergency response commission for the
   42-2  purposes of emergency planning and public information.
   42-3              (18)  "Material Safety Data Sheet" ("MSDS") means a
   42-4  document containing chemical hazard and safe handling information
   42-5  that is prepared in accordance with the requirements of the OSHA
   42-6  standard for that document.
   42-7              (19)  "OSHA standard" means the Hazard Communication
   42-8  Standard issued by the Occupational Safety and Health
   42-9  Administration and codified as 29 CFR Section 1910.1200.
  42-10              (20)  "Person" means any individual, trust, firm, joint
  42-11  stock company, corporation (including a government corporation),
  42-12  partnership, association, State, municipality, commission,
  42-13  political subdivision of a State, or interstate body.
  42-14              (21)  "Physical hazard" means a chemical for which
  42-15  there is scientifically valid evidence that it is a combustible
  42-16  liquid, a compressed gas, explosive, flammable, an organic
  42-17  peroxide, an oxidizer, pyrophoric, unstable (reactive) or
  42-18  water-reactive in terms defined in the OSHA standard.
  42-19              (22)  "State Emergency Response Commission" or "SERC"
  42-20  means the State Emergency Management Council or other committee,
  42-21  appointed by the Governor in accordance with EPCRA.
  42-22              (25)  "Threshold planning quantity" means the minimum
  42-23  quantity of an extremely hazardous substance for which a facility
  42-24  owner or operator must participate in emergency planning, as
  42-25  defined by EPA pursuant to EPCRA, Section 302.
   43-1              (26)  "Tier Two Form" means
   43-2                    (a)  a form specified by the Department under
   43-3  Section 505.006 of this chapter for listing hazardous chemicals as
   43-4  required by EPCRA; or
   43-5                    (b)  a form accepted by EPA under EPCRA for
   43-6  listing hazardous chemicals together with additional information
   43-7  required by the department for administering its functions related
   43-8  to EPCRA.
   43-9        Sec. 506.005.  APPLICABILITY OF CHAPTER.  (a)  Facility
  43-10  operators who are not subject to Chapter 505 shall comply with this
  43-11  chapter.
  43-12        (b)  This chapter does not apply to a hazardous chemical in a
  43-13  sealed package that is received and subsequently sold or
  43-14  transferred in that package if:
  43-15              (1)  the seal remains intact while the chemical is in
  43-16  the facility; and
  43-17              (2)  the chemical does not remain in the facility
  43-18  longer than five working days; and
  43-19              (3)  the chemical is not an "Extremely Hazardous
  43-20  Substance" at or above the "Threshold Planning Quantity" or 500
  43-21  pounds, whichever is less, as listed by the EPA in 40 CFR Part 355,
  43-22  Appendices A and B, or in the most current revision.
  43-23        (c)  This chapter does not apply to the following:
  43-24              (1)  Any hazardous waste as that term is defined by the
  43-25  federal Solid Waste Disposal Act, as amended by the Resource
   44-1  Conservation and Recovery Act of 1976, as amended (42 U.S.C.
   44-2  Section 6901 et seq.), when subject to regulations issued under
   44-3  that Act by the EPA;
   44-4              (2)  Tobacco or tobacco products;
   44-5              (3)  Wood or wood products;
   44-6              (4)  Articles;
   44-7              (5)  Food, drugs, cosmetics or alcoholic beverages in a
   44-8  retail food sale establishment that are packaged for sale to
   44-9  consumers;
  44-10              (6)  Foods, drugs, or cosmetics intended for personal
  44-11  consumption by an employee while in the facility;
  44-12              (7)  Any consumer product or hazardous substance, as
  44-13  those terms are defined in the Consumer Product Safety Act (15
  44-14  U.S.C. Section 2051 et seq.) and Federal Hazardous Substances Act
  44-15  (15 U.S.C. Section 1261 et seq.) respectively, if the employer can
  44-16  demonstrate it is used in the facility in the same manner as normal
  44-17  consumer use and if the use results in a duration and frequency of
  44-18  exposure which is not greater than exposures experienced by
  44-19  consumers;
  44-20              (8)  Any drug, as that term is defined in the Federal
  44-21  Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et seq.), when
  44-22  it is solid, final form for direct administration to the patient,
  44-23  such as tablets or pills;
  44-24              (9)  The transportation, including storage incident to
  44-25  that transportation, of any substance or chemical subject to this
   45-1  chapter, including the transportation and distribution of natural
   45-2  gas; and
   45-3              (10)  radioactive waste.
   45-4        (d)  The commission shall develop an outreach program
   45-5  concerning the public's ability to obtain information under this
   45-6  chapter similar to the outreach program in Sec. 502.008 (d) of this
   45-7  code.
   45-8        Sec. 506.006  FACILITY CHEMICAL LIST.  (a)  For the purpose
   45-9  of community right-to-know, the operator of a facility, as defined
  45-10  in this chapter, shall compile and maintain a Tier Two Form that
  45-11  contains information on hazardous chemicals present in the facility
  45-12  in quantities that meet or exceed thresholds determined by the EPA
  45-13  in the most current revision of 40 CFR Part 370, or at any other
  45-14  reporting thresholds as determined by board rule for certain highly
  45-15  toxic or extremely hazardous substances.
  45-16        (b)  Multiple facilities may be reported on the same Tier Two
  45-17  Form, with appropriate facility identifiers, if the hazardous
  45-18  chemicals or hazardous chemical categories present at the multiple
  45-19  facilities are in the same ranges.  In multiple facility reporting,
  45-20  the reporting thresholds must be applied to each facility rather
  45-21  than to the total quantities present at all facilities.
  45-22        (c)  Each Tier Two Form shall be filed annually with the
  45-23  appropriate fee attached according to the procedures specified in
  45-24  the board's rules.  The operator shall furnish a copy of each Tier
  45-25  Two Form to the fire chief of the fire department having
   46-1  jurisdiction over the facility and to the appropriate local
   46-2  emergency planning committee.
   46-3        (d)  The Tier Two Form shall be used to comply with the
   46-4  updating requirements in EPCRA Section 311, but a fee may not be
   46-5  associated with filing the report.
   46-6        (e)  A facility operator shall file the Tier Two Form with
   46-7  the department not later than the 90 day after the date on which
   46-8  the operator begins operation or has a reportable addition, at the
   46-9  appropriate threshold, of a previously unreported hazardous
  46-10  chemical or extremely hazardous substance.  The operator  shall
  46-11  furnish a copy of each Tier Two Form to the fire chief of the fire
  46-12  department having jurisdiction over the facility and to the
  46-13  appropriate local emergency planning committee.
  46-14        (f)  A facility operator shall file a material safety data
  46-15  sheet with the department upon the department's request.
  46-16        (g)  The department shall maintain records of the Tier Two
  46-17  Forms and other documents filed under this chapter or EPCRA for at
  46-18  least thirty years.
  46-19        (h)  Except as provided in Section 506.016 of this chapter,
  46-20  documents filed under this chapter are subject to the provisions of
  46-21  the Texas Open Records Act (V.A.C.S., Art. 6252-17a).
  46-22        Sec. 506.007  EMERGENCY PLANNING INFORMATION.  (a)  The fire
  46-23  chief or fire chief's representative, on request, may conduct
  46-24  on-site inspections of the chemicals on the Tier Two Form for the
  46-25  sole purpose of planning fire department activities in case of an
   47-1  emergency.
   47-2        (b)  A facility operator, on request, shall give the fire
   47-3  chief or the local emergency planning committee such additional
   47-4  information on types and amounts of hazardous chemicals present at
   47-5  a facility as they may need for emergency planning purposes.  A
   47-6  facility operator, on request, shall give the commissioner, the
   47-7  fire chief, or the local emergency planning committee a copy of the
   47-8  MSDS for any chemical on the Tier Two Form furnished under Section
   47-9  506.006 of this Title or any chemical present at the facility.
  47-10        (c)  The Department by rule may require certain categories of
  47-11  facility operators under certain circumstances to implement the
  47-12  National Fire Protection Association 704 identification system if
  47-13  an equivalent system is not in use.
  47-14        Sec. 506.008  COMPLAINTS AND INVESTIGATIONS.  On presentation
  47-15  of appropriate credentials, an officer or representative of the
  47-16  commissioner may enter a facility at reasonable times to inspect
  47-17  and investigate complaints under this chapter.
  47-18        Sec. 506.009  ADMINISTRATIVE PENALTY.  (a)  The commissioner
  47-19  may assess an administrative penalty against a facility operator
  47-20  who violates this chapter, the board's rules adopted under this
  47-21  chapter, or an order issued under this chapter.
  47-22        (b)  If the department finds one or more violations of this
  47-23  act, the commissioner may issue a Notice of Violation to the
  47-24  operator.  The Notice of Violation shall specifically describe the
  47-25  violation(s), refer to the applicable section(s) or subsection(s)
   48-1  of the act, and state the amount of the penalty, if any, to be
   48-2  assessed by the commissioner.
   48-3        (c)  An operator who receives a Notice of Violation may
   48-4  respond to the department in writing within fifteen (15) days of
   48-5  receipt of the Notice of Violation in one of the following ways:
   48-6              (1)  If the operator disputes the validity of the
   48-7  violation and has reason to believe that the findings of the
   48-8  department were based on inaccurate or incomplete information, the
   48-9  operator may request an informal conference with representatives of
  48-10  the department.  The purpose of an informal conference is to permit
  48-11  the operator to meet with department representatives to discuss the
  48-12  basis of the violation and to provide information to the
  48-13  department.  It shall be the responsibility of the department to
  48-14  schedule the informal conference.  A request for an informal
  48-15  conference made in bad faith shall constitute a violation of this
  48-16  act.
  48-17              (2)  The operator may correct the violation(s) and
  48-18  certify to the department that the corrections have been made.
  48-19              (3)  The operator may request a hearing.
  48-20        (d)  Following an informal conference, the department shall
  48-21  respond in writing to the operator, stating whether the department
  48-22  intends to withdraw the Notice of Violation or pursue it.  If the
  48-23  department intends to pursue the Notice of Violation, the operator
  48-24  may respond as follows within ten (10) days of receipt of the
  48-25  department's correspondence:
   49-1              (1)  The operator may correct the violation(s) and
   49-2  certify to the department that such corrections have been made; or
   49-3              (2)  The operator may request a hearing.
   49-4        (e)  A request for an informal conference or a statement by
   49-5  an operator that the operator is in compliance with the provisions
   49-6  of the act shall not constitute a waiver of the operator's right to
   49-7  a hearing.
   49-8        (f)  Except as provided in Subsection (g), the commissioner
   49-9  may not assess an administrative penalty for any violation that has
  49-10  been corrected within fifteen (15) days of the date for the Notice
  49-11  of Violation, the receipt of the department's response by the
  49-12  employer, or ten (10) days after the receipt by the operator of the
  49-13  department's to the informal conference provided for in Subsection
  49-14  (c), whichever is later.
  49-15        (g)  If a violation involves a failure to make a good-faith
  49-16  effort to comply with this chapter, the commission may assess the
  49-17  administrative penalty at any time.
  49-18        (h)  In determining the amount of the penalty, the
  49-19  commissioner shall consider:
  49-20              (1)  the operator's previous violations;
  49-21              (2)  the seriousness of the violation;
  49-22              (3)  any hazard to the health and safety of the public;
  49-23              (4)  the operator's demonstrated good faith; and
  49-24              (5)  the duration of the violation; and
  49-25              (6)  such other matters as justice may require.
   50-1        (i)  The penalty may not exceed $50 for each day a violation
   50-2  continues, with a total not to exceed $1,000 for each violation.
   50-3        Sec. 506.010.  ADMINISTRATIVE PENALTY ASSESSMENT PROCEDURE.
   50-4  (a)  An administrative penalty may be assessed only after a
   50-5  facility operator charged with a violation is given an opportunity
   50-6  for a hearing.
   50-7        (b)  If a hearing is held, the commissioner shall make
   50-8  findings of fact and shall issue a written decision regarding the
   50-9  occurrence of the violation and the amount of the penalty that may
  50-10  be warranted.
  50-11        (c)  If the facility operator charged with the violation does
  50-12  not request a hearing, the commissioner may assess a penalty after
  50-13  determining that a violation has occurred and the amount of the
  50-14  penalty that may be warranted.
  50-15        (d)  After making a determination under this section that a
  50-16  penalty is to be assessed against a facility operator, the
  50-17  commissioner shall issue an order requiring that the facility
  50-18  operator pay the penalty.
  50-19        (e)  If a penalty is assessed on a complaint, the department
  50-20  may allow the operator to make a grant to the local LEPC or a
  50-21  member organization thereof in lieu of payment of the penalty.  The
  50-22  department may specify that the operator join the LEPC and attend
  50-23  all meetings for one year or write an article, approved by the
  50-24  department, concerning community right-to-know laws applicable in
  50-25  Texas for a trade journal or other business publication.
   51-1        (f)  The commissioner may consolidate a hearing held under
   51-2  this section with another proceeding.
   51-3        Sec. 506.011.  PAYMENT OF ADMINISTRATIVE PENALTY.  (a)  Not
   51-4  later than the 30th day after the date an order finding that a
   51-5  violation has occurred is issued, the commissioner shall inform the
   51-6  facility operator against whom the order is issued of the amount of
   51-7  the penalty for the violation.
   51-8        (b)  Except as provided in Sec. 506.010(e), no later than the
   51-9  30th day after the date on which a decision or order charging a
  51-10  facility operator with a penalty is final, the facility operator
  51-11  shall:
  51-12              (1)  pay the penalty in full; or
  51-13              (2)  if the facility operator seeks judicial review of
  51-14  the amount of the penalty, the fact of the violation, or both:
  51-15                    (A)  send the amount of the penalty to the
  51-16  commissioner for placement in an escrow account; or
  51-17                    (B)  post a bond with the commissioner for the
  51-18  amount of the penalty.
  51-19        (c)  A bond posted under this section must be in a form
  51-20  approved by the commissioner and be effective until all judicial
  51-21  review of the order or decision is final.
  51-22        (d)  A facility operator waives all rights to contest the
  51-23  violation or the amount of the penalty if the facility operator
  51-24  does not send the money to the commissioner or post the bond within
  51-25  the period prescribed by Subsection (b).
   52-1        Sec. 506.012.  REFUND OF ADMINISTRATIVE PENALTY.  Not later
   52-2  than the 30th day after the date of a judicial determination that
   52-3  an administrative penalty against a facility operator should be
   52-4  reduced or not assessed, the commissioner shall:
   52-5              (1)  remit to the facility operator the appropriate
   52-6  amount of any penalty payment plus accrued interest; or
   52-7              (2)  execute a release of the bond if the facility
   52-8  operator has posted a bond.
   52-9        Sec. 506.013.  RECOVERY OF ADMINISTRATIVE PENALTY AND SUIT BY
  52-10  ATTORNEY GENERAL.  The attorney general at the request of the
  52-11  commissioner may bring a civil action to recover an administrative
  52-12  penalty under this chapter or to compel compliance.
  52-13        Sec. 506.016.  TRADE SECRETS.  Facility operators must
  52-14  substantiate trade secret claims to the Administrator of the EPA,
  52-15  in accordance with EPCRA, Section 322.
  52-16        Sec. 506.017.  RULES; FEES.  (a)  The board may adopt rules
  52-17  and administrative procedures reasonably necessary to carry out the
  52-18  purposes of this chapter.
  52-19        (b)  The board may authorize the collection of annual fees
  52-20  from facility operators for the filing of Tier Two Forms required
  52-21  by this chapter.  With the exception of Subsection (d), fees may be
  52-22  used only to fund activities under this chapter.  The fee shall not
  52-23  exceed $50 for each required submission having no more than 75
  52-24  hazardous chemicals or hazardous chemical categories, or $100 for
  52-25  each required submission having more than 75 hazardous chemicals or
   53-1  chemical categories.
   53-2        (c)  To minimize the fees, the department by rule shall
   53-3  provide for consolidated filings of multiple Tier Two Forms for
   53-4  facility operators covered by Subsection (b) if each of the Tier
   53-5  Two Forms contains fewer than 25 items.
   53-6        (d)  The department may utilize up to ten percent (20%) of
   53-7  the fees collected under this Section as grants to local emergency
   53-8  planning committees to assist them to fulfill their
   53-9  responsibilities under EPCRA.
  53-10        SECTION 4.  This Act takes effect September 1, 1993.
  53-11        SECTION 5.  The importance of this legislation and the
  53-12  crowded condition of the calendars in both houses create an
  53-13  emergency and an imperative public necessity that the
  53-14  constitutional rule requiring bills to be read on three several
  53-15  days in each house be suspended, and this rule is hereby suspended.