By: Parker S.B. No. 1045 73R3545 KLL-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the authority of the Texas Department of Health over 1-3 demolition and renovation activities to protect the public from 1-4 emissions of asbestos. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Section 12, Chapter 97, Acts of the 70th 1-7 Legislature, Regular Session, 1987 (Article 4477-3a, Vernon's Texas 1-8 Civil Statutes), is amended by adding Subsections (k)-(n) to read 1-9 as follows: 1-10 (k) The department may adopt and enforce rules regarding 1-11 demolition and renovation activities to protect the public from 1-12 emissions of asbestos. At a minimum, the rules must be sufficient 1-13 to permit the department to obtain the authority from the United 1-14 States Environmental Protection Agency to implement and enforce in 1-15 this state the provisions of 40 C.F.R. Part 61, Subpart M, that 1-16 establish the requirements applicable to the demolition and 1-17 renovation of facilities, including the disposal of 1-18 asbestos-containing waste materials. 1-19 (l) Employees and agents of the department may enter any 1-20 facility, as that term is defined by 40 C.F.R. Part 61, Subpart M, 1-21 to inspect and investigate conditions to determine compliance with 1-22 the rules adopted under Subsection (k) of this section. 1-23 (m) The department and the Texas Natural Resource 1-24 Conservation Commission by rule shall adopt a joint memorandum of 2-1 understanding concerning the inspection of solid waste facilities 2-2 that receive asbestos. 2-3 (n) The department may contract with any person to perform 2-4 inspections necessary to enforce this Act. 2-5 SECTION 2. Until the Texas Department of Health adopts fees 2-6 to be collected from contractors performing demolition and 2-7 renovation projects that may involve asbestos, the fees for 2-8 oversight and enforcement activities required under the federal 2-9 Clean Air Act for those projects are in the amounts set by the 2-10 Texas Air Control Board for those activities. 2-11 SECTION 3. This Act takes effect September 1, 1993. 2-12 SECTION 4. The importance of this legislation and the 2-13 crowded condition of the calendars in both houses create an 2-14 emergency and an imperative public necessity that the 2-15 constitutional rule requiring bills to be read on three several 2-16 days in each house be suspended, and this rule is hereby suspended.