By: Barrientos S.B. No. 1180
73R598 JJT-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of indoor air quality; providing civil
1-3 penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle C, Title 5, Health and Safety Code, is
1-6 amended by adding Chapter 384 to read as follows:
1-7 CHAPTER 384. INDOOR AIR QUALITY ACT
1-8 SUBCHAPTER A. GENERAL PROVISIONS
1-9 Sec. 384.001. SHORT TITLE. This chapter may be cited as the
1-10 Texas Indoor Air Quality Act.
1-11 Sec. 384.002. DEFINITIONS. In this chapter:
1-12 (1) "Air contaminant" means a gaseous, liquid, or
1-13 solid substance or combination of substances that is in a form that
1-14 is transported by or in air and has the potential to be detrimental
1-15 to an environment, and includes aerosols, dusts, fibers,
1-16 microorganisms, fumes, mists, and smoke.
1-17 (2) "Board" means the Board of Public Health.
1-18 (3) "Department" means the Department of Public
1-19 Health.
1-20 (4) "Director" means the director of the Department of
1-21 Public Health.
1-22 (5) "Indoor air pollution" means the presence, in an
1-23 indoor environment, of one or more air contaminants in sufficient
1-24 concentration and of sufficient duration to be capable of causing
2-1 adverse effects to public health or welfare, animals, vegetation,
2-2 or property.
2-3 (6) "Public building" means a building that is used or
2-4 intended for use for a purpose that provides for public access or
2-5 occupancy.
2-6 Sec. 384.003. EXEMPTIONS. This chapter does not apply to:
2-7 (1) a workplace classified in Standard Industrial
2-8 Classification (SIC) Codes 20-39, access to which is limited to
2-9 workers and invited guests under controlled conditions;
2-10 (2) a federal building or installation;
2-11 (3) the regulation of asbestos; or
2-12 (4) a freestanding single-family residence or a
2-13 private residential building that contains four or fewer dwelling
2-14 units.
2-15 Sec. 384.004. CONFIDENTIAL INFORMATION. Information that
2-16 relates to secret processes or methods of manufacture, production,
2-17 or application that is identified as confidential at the time it is
2-18 given to the department is confidential and may be used only for
2-19 the purposes of this chapter.
2-20 (Sections 384.005-384.010 reserved for expansion
2-21 SUBCHAPTER B. POWERS AND DUTIES OF BOARD AND DEPARTMENT
2-22 Sec. 384.011. DEPARTMENT AS PRINCIPAL AUTHORITY. The
2-23 department is the principal authority in this state on matters
2-24 relating to indoor air pollution.
2-25 Sec. 384.012. POWERS AND DUTIES OF BOARD. (a) The board by
2-26 rule shall establish voluntary guidelines and enforceable standards
2-27 for indoor air quality in public buildings, including guidelines
3-1 and standards for ventilation and guidelines and standards for
3-2 indoor air pollution control systems. The board shall adopt other
3-3 rules as necessary to implement this chapter.
3-4 (b) In establishing guidelines and standards to achieve
3-5 acceptable indoor air quality, the board shall consider:
3-6 (1) the potential chronic effects of air contaminants
3-7 on public health;
3-8 (2) the potential effects on public health of
3-9 insufficient ventilation of the indoor environment;
3-10 (3) the potential costs of health care for the
3-11 short-term and long-term effects on public health that may result
3-12 from exposure to indoor air contaminants; and
3-13 (4) the potential costs of compliance with a proposed
3-14 standard.
3-15 (c) A guideline or standard adopted under this chapter may
3-16 include a contaminant concentration, a control method, a sampling
3-17 method, a ventilation rate, design, or procedure or a similar
3-18 recommendation or standard.
3-19 (d) The board may adopt a rule establishing an enforceable
3-20 standard only if:
3-21 (1) a related voluntary guideline has been in effect
3-22 for three years; or
3-23 (2) the advisory committee by a two-thirds majority
3-24 recommends that the board establish an emergency standard the
3-25 committee believes is necessary to prevent a significant public
3-26 harm.
3-27 (e) The board shall adopt enforceable standards in
4-1 accordance with the best information available at the time of
4-2 adoption. A standard may be established at a level that differs
4-3 from a related guideline.
4-4 (f) The guidelines and standards adopted by the board may
4-5 differ for different pollution sources or different areas of the
4-6 state.
4-7 (g) The board may prescribe the procedures and sampling
4-8 methods to be used in determining violations of and compliance with
4-9 rules and orders of the board.
4-10 (h) Compliance with the minimum standards adopted by the
4-11 board does not constitute a defense in a civil action for damages
4-12 arising from indoor air pollution or in a civil action for
4-13 injunctive relief or a civil penalty for a violation of this
4-14 chapter or of a rule adopted or order issued under this chapter.
4-15 Sec. 384.013. POWERS AND DUTIES OF DEPARTMENT. (a) The
4-16 department shall administer and enforce this chapter in accordance
4-17 with the rules of the board.
4-18 (b) The department may:
4-19 (1) conduct and supervise development programs and
4-20 studies to determine the cause, effects, and hazards of indoor air
4-21 pollution and methods to control indoor air pollution;
4-22 (2) conduct research, including research to:
4-23 (A) determine the cause, effects, and hazards of
4-24 indoor air pollution;
4-25 (B) establish procedures for the identification
4-26 and control of indoor air pollution; and
4-27 (C) establish sampling methods;
5-1 (3) collect and disseminate information on indoor air
5-2 conditions;
5-3 (4) conduct education and training programs relating
5-4 to indoor air quality;
5-5 (5) make contracts and execute instruments that are
5-6 necessary or convenient to the exercise of its powers or the
5-7 performance of its duties under this chapter;
5-8 (6) encourage voluntary cooperation of persons to
5-9 achieve the purposes of this chapter;
5-10 (7) assist persons in evaluating existing or potential
5-11 health hazards from indoor air pollution, including health hazards
5-12 from external sources that infiltrate the indoor environment and
5-13 those from materials, processes, or human activities in the indoor
5-14 environment;
5-15 (8) advise persons about methods to control, remove,
5-16 or minimize sources of indoor air contaminants;
5-17 (9) advise, consult, and cooperate on matters of
5-18 common interest in indoor air quality with other agencies of the
5-19 state, political subdivisions of the state, industries, other
5-20 states, the federal government, and interested persons or groups;
5-21 and
5-22 (10) represent the state in matters relating to indoor
5-23 air quality.
5-24 Sec. 384.014. ADVISORY COMMITTEE. (a) The board shall
5-25 appoint an advisory committee to:
5-26 (1) advise the board in the development of guidelines,
5-27 standards, and procedures;
6-1 (2) make recommendations to the board relating to the
6-2 content of the rules adopted to implement this chapter; and
6-3 (3) perform any other function requested by the board
6-4 in implementing and administering this chapter.
6-5 (b) The advisory committee is composed of:
6-6 (1) one person who represents an association of public
6-7 building owners or an association of public building managers;
6-8 (2) one person who represents an association of
6-9 building materials manufacturers;
6-10 (3) one architect who specializes in the construction
6-11 of public buildings;
6-12 (4) one professional engineer who specializes in the
6-13 design of ventilation systems for public buildings;
6-14 (5) one physician licensed to practice in this state;
6-15 (6) one toxicologist;
6-16 (7) one certified industrial hygienist; and
6-17 (8) two public members.
6-18 (c) A person is not eligible for appointment as a public
6-19 member if the person or the person's spouse:
6-20 (1) is licensed by an occupational regulatory agency
6-21 in the health care field;
6-22 (2) is employed by a health care facility,
6-23 corporation, or agency or by a corporation authorized to underwrite
6-24 health care insurance;
6-25 (3) governs or administers a health care facility,
6-26 corporation, or agency;
6-27 (4) has a financial interest, other than a consumer's
7-1 interest, in a health care facility, corporation, or agency; or
7-2 (5) would qualify for appointment under Subsections
7-3 (b)(1)-(7).
7-4 (d) An advisory committee member serves for a six-year term,
7-5 with the terms of three members expiring August 31 of each
7-6 odd-numbered year.
7-7 (e) A vacancy on the advisory committee is filled for the
7-8 unexpired portion of the term in the same manner as other
7-9 appointments to the advisory committee.
7-10 (f) A member of the advisory committee is entitled to
7-11 reimbursement for expenses incurred in performing duties under this
7-12 chapter. The reimbursement may not exceed the amount specified in
7-13 the General Appropriations Act for travel and per diem allowances
7-14 for state employees.
7-15 (g) The advisory committee may elect a chairman,
7-16 vice-chairman, and secretary from among its members and may adopt
7-17 rules for the conduct of its own activities.
7-18 Sec. 384.015. INVESTIGATIONS; ORDERS. (a) The director or
7-19 a person designated by the director may conduct investigations as
7-20 necessary to administer this chapter and the rules adopted and
7-21 orders issued under this chapter, including investigations of
7-22 violations and general indoor air pollution problems or conditions
7-23 in public buildings.
7-24 (b) A department employee who conducts an investigation
7-25 authorized by this chapter may enter a public building to determine
7-26 whether a person is violating this chapter or a rule adopted or
7-27 order issued under this chapter.
8-1 (c) If the department determines that a person is violating
8-2 this chapter or a rule adopted under this chapter, the director may
8-3 order the corrective action indicated by the circumstances to be
8-4 necessary to control the condition. The director shall grant time
8-5 for the person to comply with its order in accordance with the
8-6 rules of the board.
8-7 (Sections 384.016-384.030 reserved for expansion
8-8 SUBCHAPTER C. PROHIBITIONS AND ENFORCEMENT
8-9 Sec. 384.031. PROHIBITIONS. (a) A person may not use, in
8-10 the furnishing or construction of a public building, products or
8-11 materials that contaminate the air in violation of the standards
8-12 for indoor air quality established by the board.
8-13 (b) A person may not allow indoor air pollution in a public
8-14 building or allow the performance of an activity that violates this
8-15 chapter or a rule adopted or order issued under this chapter.
8-16 (c) A person may not reduce or be responsible for having
8-17 reduced the minimum required amount of outside fresh air
8-18 ventilation in a public building in violation of this chapter or a
8-19 rule adopted or order issued under this chapter.
8-20 (d) A tenant of a public building may not contaminate the
8-21 air in the building in violation of a rule adopted or order issued
8-22 under this chapter or conduct an activity that causes indoor air
8-23 pollution. A tenant who causes indoor air pollution shall take
8-24 remedial action to alleviate the pollution. A tenant is
8-25 responsible for negotiating with the landlord any building
8-26 modifications necessary for compliance with this chapter. This
8-27 chapter does not require an owner of a public building to modify a
9-1 building to alleviate indoor air pollution caused by a tenant.
9-2 Sec. 384.032. INJUNCTION; CIVIL PENALTY. (a) If it appears
9-3 that a person has violated, is violating, or is threatening to
9-4 violate this chapter or a rule adopted or order issued under this
9-5 chapter, the department, a county, or a municipality may institute
9-6 a civil suit in a district court for:
9-7 (1) injunctive relief to direct compliance or restrain
9-8 the person from continuing the violation or threat of violation;
9-9 (2) the assessment and recovery of a civil penalty; or
9-10 (3) both injunctive relief and a civil penalty.
9-11 (b) The department is a necessary and indispensable party in
9-12 a suit brought by a county or municipality under this section.
9-13 (c) On the director's request, the attorney general shall
9-14 institute and conduct a suit in the name of the state for
9-15 injunctive relief, to recover a civil penalty, or for both
9-16 injunctive relief and civil penalty.
9-17 (d) The suit may be brought in Travis County, in the county
9-18 in which the defendant resides, or in the county in which the
9-19 violation or threat of violation occurs.
9-20 (e) In a suit under this section to enjoin a violation or
9-21 threat of violation of this chapter or a rule adopted or order
9-22 issued under this chapter, the court shall grant the state, county,
9-23 or municipality, without bond or other undertaking, any injunction
9-24 that the facts may warrant, including temporary restraining orders,
9-25 temporary injunctions after notice and hearing, and permanent
9-26 injunctions.
9-27 (f) Civil penalties recovered in a suit brought under this
10-1 section by a county or municipality shall be equally divided
10-2 between:
10-3 (1) the state; and
10-4 (2) the county or municipality that first brought the
10-5 suit.
10-6 (g) The penalty may be in an amount of not less than $50 or
10-7 more than $1,000 for each violation. Each day of a continuing
10-8 violation constitutes a separate violation for purposes of
10-9 assessing the civil penalty.
10-10 (h) In determining the amount of the penalty, the court
10-11 shall consider:
10-12 (1) the person's history of previous violations;
10-13 (2) the seriousness of the violation;
10-14 (3) any hazard to the health and safety of the public;
10-15 (4) the demonstrated good faith of the person charged;
10-16 (5) any economic benefit to the person that results
10-17 from the violation; and
10-18 (6) such other matters as justice may require.
10-19 (i) The director and the attorney general may each recover
10-20 reasonable expenses incurred in obtaining injunctive relief or
10-21 civil penalties or both under this section, including investigative
10-22 costs, court costs, reasonable attorney's fees, witness fees, and
10-23 deposition expenses.
10-24 (Sections 384.033-384.050 reserved for expansion
10-25 SUBCHAPTER D. MUNICIPAL AUTHORITY
10-26 Sec. 384.051. MUNICIPAL REGULATION. (a) A municipality by
10-27 ordinance may adopt guidelines and standards for indoor air quality
11-1 for the public buildings within its jurisdiction.
11-2 (b) Standards established under this section must be
11-3 compatible with and be at least as strict as the standards
11-4 established by the board under this chapter.
11-5 (c) A guideline or standard adopted by a municipality under
11-6 this section does not apply to the state or a department,
11-7 commission, board, institution, or other agency of the state.
11-8 SECTION 2. In appointing the initial members of the advisory
11-9 committee, the Board of Public Health shall designate three members
11-10 to serve terms expiring August 31, 1995, three members to serve
11-11 terms expiring August 31, 1997, and three members to serve terms
11-12 expiring August 31, 1999.
11-13 SECTION 3. This Act takes effect September 1, 1993.
11-14 SECTION 4. The importance of this legislation and the
11-15 crowded condition of the calendars in both houses create an
11-16 emergency and an imperative public necessity that the
11-17 constitutional rule requiring bills to be read on three several
11-18 days in each house be suspended, and this rule is hereby suspended.