By: Barrientos S.B. No. 1180
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation of indoor air quality.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subtitle C, Title 5, Health and Safety Code, is
1-4 amended by adding Chapter 384 to read as follows:
1-5 CHAPTER 384. INDOOR AIR QUALITY ACT
1-6 SUBCHAPTER A. GENERAL PROVISIONS
1-7 Sec. 384.001. SHORT TITLE. This chapter may be cited as the
1-8 Texas Indoor Air Quality Act.
1-9 Sec. 384.002. DEFINITIONS. In this chapter:
1-10 (1) "Air contaminant" means a gaseous, liquid, or
1-11 solid substance or combination of substances that is in a form that
1-12 is transported by or in air and has the potential to be detrimental
1-13 to an environment and includes aerosols, dusts, fibers,
1-14 microorganisms, fumes, mists, and smoke from sources other than
1-15 tobacco products.
1-16 (2) "Board" means the Texas Board of Health.
1-17 (3) "Department" means the Texas Department of Health.
1-18 (4) "Director" means the commissioner of the Texas
1-19 Department of Health.
1-20 (5) "Governmental entity" includes the state, a
1-21 county, a municipality, a special district, a public school
1-22 district, or any other political subdivision of the state.
1-23 (6) "Indoor air pollution" means the presence, in an
1-24 indoor environment, of one or more air contaminants in sufficient
2-1 concentration and of sufficient duration to be capable of causing
2-2 adverse effects to public health or welfare, animals, vegetation,
2-3 or property.
2-4 (7) "Public building" means a building owned or leased
2-5 by a governmental entity that is used or intended for use for
2-6 purposes that provide for public access and that are directly
2-7 related to the activity of the governmental entity.
2-8 Sec. 384.003. EXEMPTIONS. This chapter does not apply to:
2-9 (1) a federal building or installation;
2-10 (2) the regulation of asbestos; or
2-11 (3) the regulation of indoor air pollution resulting
2-12 from the smoking of tobacco products or similar products.
2-13 (Sections 384.004 to 384.010 reserved for expansion
2-14 SUBCHAPTER B. POWERS AND DUTIES OF BOARD AND DEPARTMENT
2-15 Sec. 384.011. DEPARTMENT AS PRINCIPAL AUTHORITY. The
2-16 department is the principal authority in this state on matters
2-17 relating to indoor air pollution.
2-18 Sec. 384.012. POWERS AND DUTIES OF BOARD. (a) The board by
2-19 rule shall establish voluntary guidelines for indoor air quality in
2-20 public buildings, including guidelines for ventilation and
2-21 guidelines for indoor air pollution control systems. The board
2-22 shall adopt other rules as necessary to implement this chapter.
2-23 (b) In establishing guidelines to achieve acceptable indoor
2-24 air quality, the board shall consider:
2-25 (1) the potential chronic effects of air contaminants
2-26 on public health;
2-27 (2) the potential effects on public health of
3-1 insufficient ventilation in the indoor environment;
3-2 (3) the potential costs of health care for the
3-3 short-term and long-term effects on public health that may result
3-4 from exposure to indoor air contaminants; and
3-5 (4) the potential costs of compliance with a proposed
3-6 guideline.
3-7 (c) A guideline adopted under this chapter may include a
3-8 contaminant concentration, a control method, a sampling method, a
3-9 ventilation rate, design, or procedure, or a similar
3-10 recommendation.
3-11 (d) The guidelines adopted by the board may differ for
3-12 different pollution sources or different areas of the state.
3-13 (e) The board may prescribe the procedures and sampling
3-14 methods to be used in compliance with guidelines of the board.
3-15 Sec. 384.013. POWERS AND DUTIES OF DEPARTMENT. (a) The
3-16 department shall administer and enforce this chapter in accordance
3-17 with the rules of the board.
3-18 (b) The department may:
3-19 (1) collect and disseminate information on indoor air
3-20 conditions;
3-21 (2) conduct education and training programs relating
3-22 to indoor air quality;
3-23 (3) encourage voluntary cooperation of persons to
3-24 achieve the purposes of this chapter;
3-25 (4) assist persons in evaluating existing or potential
3-26 health hazards from indoor air pollution, including health hazards
3-27 from external sources that infiltrate the indoor environment and
4-1 those from materials, processes, or human activities in the indoor
4-2 environment;
4-3 (5) advise persons about methods to control, remove,
4-4 or minimize sources of indoor air contaminants; and
4-5 (6) advise, consult, and cooperate on matters of
4-6 common interest in indoor air quality with other agencies of the
4-7 state, political subdivisions of the state, industries, other
4-8 states, the federal government, and interested persons or groups.
4-9 Sec. 384.014. ADVISORY COMMITTEE. (a) The board shall
4-10 appoint an advisory committee to:
4-11 (1) advise the board in the development of guidelines
4-12 and procedures;
4-13 (2) make recommendations to the board relating to the
4-14 content of the rules adopted to implement this chapter; and
4-15 (3) perform any other functions requested by the board
4-16 in implementing and administering this chapter.
4-17 (b) The advisory committee is composed of:
4-18 (1) one person who represents an association of public
4-19 building owners or an association of public building managers;
4-20 (2) one person who represents an association of
4-21 building materials manufacturers;
4-22 (3) one architect who specializes in the construction
4-23 of public buildings;
4-24 (4) one professional engineer who specializes in the
4-25 design of ventilation systems for public buildings;
4-26 (5) one physician licensed to practice in this state;
4-27 (6) one toxicologist;
5-1 (7) one certified industrial hygienist; and
5-2 (8) one public member and one licensed interior
5-3 designer.
5-4 (c) A person is not eligible for appointment as a public
5-5 member if the person or the person's spouse:
5-6 (1) is licensed by an occupational regulatory agency
5-7 in the health care field;
5-8 (2) is employed by a health care facility,
5-9 corporation, or agency or by a corporation authorized to underwrite
5-10 health care insurance;
5-11 (3) governs or administers a health care facility,
5-12 corporation, or agency;
5-13 (4) has a financial interest, other than a consumer's
5-14 interest, in a health care facility, corporation, or agency; or
5-15 (5) would qualify for appointment under Subsections
5-16 (b)(1)-(7).
5-17 (d) An advisory committee member serves for a six-year term,
5-18 with the terms of three members expiring on August 31 of each
5-19 odd-numbered year.
5-20 (e) A vacancy on the advisory committee is filled for the
5-21 unexpired portion of the term in the same manner as other
5-22 appointments to the advisory committee.
5-23 (f) A member of the advisory committee is entitled to
5-24 reimbursement for expenses incurred in performing duties under this
5-25 chapter. The reimbursement may not exceed the amount specified in
5-26 the General Appropriations Act for travel and per diem allowances
5-27 for state employees.
6-1 (g) The advisory committee may elect a chairman,
6-2 vice-chairman, and secretary from among its members and may adopt
6-3 rules for the conduct of its own activities.
6-4 (Sections 384.015 to 384.050 reserved for expansion
6-5 SUBCHAPTER C. MUNICIPAL AUTHORITY
6-6 Sec. 384.051. MUNICIPAL REGULATION. (a) A municipality by
6-7 ordinance may adopt guidelines and standards for indoor air quality
6-8 for the public buildings within its jurisdiction.
6-9 (b) Standards established under this section must be
6-10 compatible with and be at least as strict as the guidelines
6-11 established by the board under this chapter.
6-12 (c) A guideline or standard adopted by a municipality under
6-13 this section does not apply to the state or a department,
6-14 commission, board, institution, or other agency of the state.
6-15 SECTION 2. In appointing the initial members of the advisory
6-16 committee established by Section 384.014, Health and Safety Code,
6-17 as added by this Act, the Texas Board of Health shall designate
6-18 three members to serve terms expiring August 31, 1995, three
6-19 members to serve terms expiring August 31, 1997, and three members
6-20 to serve terms expiring August 31, 1999.
6-21 SECTION 3. This Act takes effect September 1, 1993.
6-22 SECTION 4. The importance of this legislation and the
6-23 crowded condition of the calendars in both houses create an
6-24 emergency and an imperative public necessity that the
6-25 constitutional rule requiring bills to be read on three several
6-26 days in each house be suspended, and this rule is hereby suspended.