1-1 By: Barrientos S.B. No. 1180
1-2 (In the Senate - Filed March 12, 1993; March 16, 1993, read
1-3 first time and referred to Committee on Health and Human Services;
1-4 May 11, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; May 11, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Zaffirini x
1-10 Ellis x
1-11 Madla x
1-12 Moncrief x
1-13 Nelson x
1-14 Patterson x
1-15 Shelley x
1-16 Truan x
1-17 Wentworth x
1-18 COMMITTEE SUBSTITUTE FOR S.B. No. 1180 By: Moncrief
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the regulation of indoor air quality.
1-22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-23 SECTION 1. Subtitle C. Title 5, Health and Safety Code, is
1-24 amended by adding Chapter 384 to read as follows:
1-25 CHAPTER 384. INDOOR AIR QUALITY ACT
1-26 SUBCHAPTER A. GENERAL PROVISIONS
1-27 Sec. 384.001. SHORT TITLE. This chapter may be cited as the
1-28 Texas Indoor Air Quality Act.
1-29 Sec. 384.002. DEFINITIONS. In this chapter:
1-30 (1) "Air contaminant" means a gaseous, liquid, or
1-31 solid substance or combination of substances that is in a form that
1-32 is transported by or in air and has the potential to be detrimental
1-33 to an environment and includes aerosols, dusts, fibers,
1-34 microorganisms, fumes, mists, and smoke from sources other than
1-35 tobacco products.
1-36 (2) "Board" means the Texas Board of Health.
1-37 (3) "Department" means the Texas Department of Health.
1-38 (4) "Director" means the commissioner of the Texas
1-39 Department of Health.
1-40 (5) "Governmental entity" includes the state, a
1-41 county, a municipality, a special district, a public school
1-42 district, or any other political subdivision of the state.
1-43 (6) "Indoor air pollution" means the presence, in an
1-44 indoor environment, of one or more air contaminants in sufficient
1-45 concentration and of sufficient duration to be capable of causing
1-46 adverse effects to public health or welfare, animals, vegetation,
1-47 or property.
1-48 (7) "Public building" means a building owned or leased
1-49 by a governmental entity that is used or intended for use for
1-50 purposes that provide for public access and that are directly
1-51 related to the activity of the governmental entity.
1-52 Sec. 384.003. EXEMPTIONS. This chapter does not apply to:
1-53 (1) a federal building or installation;
1-54 (2) the regulation of asbestos; or
1-55 (3) the regulation of indoor air pollution resulting
1-56 from the smoking of tobacco products or similar products.
1-57 (Sections 384.004 to 384.010 reserved for expansion
1-58 SUBCHAPTER B. POWERS AND DUTIES OF BOARD AND DEPARTMENT
1-59 Sec. 384.011. DEPARTMENT AS PRINCIPAL AUTHORITY. The
1-60 department is the principal authority in this state on matters
1-61 relating to indoor air pollution.
1-62 Sec. 384.012. POWERS AND DUTIES OF BOARD. (a) The board by
1-63 rule shall establish voluntary guidelines for indoor air quality in
1-64 public buildings, including guidelines for ventilation and
1-65 guidelines for indoor air pollution control systems. The board
1-66 shall adopt other rules as necessary to implement this chapter.
1-67 (b) In establishing guidelines to achieve acceptable indoor
1-68 air quality, the board shall consider:
2-1 (1) the potential chronic effects of air contaminants
2-2 on public health;
2-3 (2) the potential effects on public health of
2-4 insufficient ventilation in the indoor environment;
2-5 (3) the potential costs of health care for the
2-6 short-term and long-term effects on public health that may result
2-7 from exposure to indoor air contaminants; and
2-8 (4) the potential costs of compliance with a proposed
2-9 guideline.
2-10 (c) A guideline adopted under this chapter may include a
2-11 contaminant concentration, a control method, a sampling method, a
2-12 ventilation rate, design, or procedure, or a similar
2-13 recommendation.
2-14 (d) The guidelines adopted by the board may differ for
2-15 different pollution sources or different areas of the state.
2-16 (e) The board may prescribe the procedures and sampling
2-17 methods to be used in compliance with guidelines of the board.
2-18 Sec. 384.013. POWERS AND DUTIES OF DEPARTMENT. (a) The
2-19 department shall administer and enforce this chapter in accordance
2-20 with the rules of the board.
2-21 (b) The department may:
2-22 (1) collect and disseminate information on indoor air
2-23 conditions;
2-24 (2) conduct education and training programs relating
2-25 to indoor air quality;
2-26 (3) encourage voluntary cooperation of persons to
2-27 achieve the purposes of this chapter;
2-28 (4) assist persons in evaluating existing or potential
2-29 health hazards from indoor air pollution, including health hazards
2-30 from external sources that infiltrate the indoor environment and
2-31 those from materials, processes, or human activities in the indoor
2-32 environment;
2-33 (5) advise persons about methods to control, remove,
2-34 or minimize sources of indoor air contaminants; and
2-35 (6) advise, consult, and cooperate on matters of
2-36 common interest in indoor air quality with other agencies of the
2-37 state, political subdivisions of the state, industries, other
2-38 states, the federal government, and interested persons or groups.
2-39 Sec. 384.014. ADVISORY COMMITTEE. (a) The board shall
2-40 appoint an advisory committee to:
2-41 (1) advise the board in the development of guidelines
2-42 and procedures;
2-43 (2) make recommendations to the board relating to the
2-44 content of the rules adopted to implement this chapter; and
2-45 (3) perform any other functions requested by the board
2-46 in implementing and administering this chapter.
2-47 (b) The advisory committee is composed of:
2-48 (1) one person who represents an association of public
2-49 building owners or an association of public building managers;
2-50 (2) one person who represents an association of
2-51 building materials manufacturers;
2-52 (3) one architect who specializes in the construction
2-53 of public buildings;
2-54 (4) one professional engineer who specializes in the
2-55 design of ventilation systems for public buildings;
2-56 (5) one physician licensed to practice in this state;
2-57 (6) one toxicologist;
2-58 (7) one certified industrial hygienist; and
2-59 (8) two public members.
2-60 (c) A person is not eligible for appointment as a public
2-61 member if the person or the person's spouse:
2-62 (1) is licensed by an occupational regulatory agency
2-63 in the health care field;
2-64 (2) is employed by a health care facility,
2-65 corporation, or agency or by a corporation authorized to underwrite
2-66 health care insurance;
2-67 (3) governs or administers a health care facility,
2-68 corporation, or agency;
2-69 (4) has a financial interest, other than a consumer's
2-70 interest, in a health care facility, corporation, or agency; or
3-1 (5) would qualify for appointment under Subsections
3-2 (b)(1)-(7).
3-3 (d) An advisory committee member serves for a six-year term,
3-4 with the terms of three members expiring on August 31 of each
3-5 odd-numbered year.
3-6 (e) A vacancy on the advisory committee is filled for the
3-7 unexpired portion of the term in the same manner as other
3-8 appointments to the advisory committee.
3-9 (f) A member of the advisory committee is entitled to
3-10 reimbursement for expenses incurred in performing duties under this
3-11 chapter. The reimbursement may not exceed the amount specified in
3-12 the General Appropriations Act for travel and per diem allowances
3-13 for state employees.
3-14 (g) The advisory committee may elect a chairman,
3-15 vice-chairman, and secretary from among its members and may adopt
3-16 rules for the conduct of its own activities.
3-17 (Sections 384.015 to 384.050 reserved for expansion
3-18 SUBCHAPTER C. MUNICIPAL AUTHORITY
3-19 Sec. 384.051. MUNICIPAL REGULATION. (a) A municipality by
3-20 ordinance may adopt guidelines and standards for indoor air quality
3-21 for the public buildings within its jurisdiction.
3-22 (b) Standards established under this section must be
3-23 compatible with and be at least as strict as the guidelines
3-24 established by the board under this chapter.
3-25 (c) A guideline or standard adopted by a municipality under
3-26 this section does not apply to the state or a department,
3-27 commission, board, institution, or other agency of the state.
3-28 SECTION 2. In appointing the initial members of the advisory
3-29 committee established by Section 384.014, Health and Safety Code,
3-30 as added by this Act, the Texas Board of Health shall designate
3-31 three members to serve terms expiring August 31, 1995, three
3-32 members to serve terms expiring August 31, 1997, and three members
3-33 to serve terms expiring August 31, 1999.
3-34 SECTION 3. This Act takes effect September 1, 1993.
3-35 SECTION 4. The importance of this legislation and the
3-36 crowded condition of the calendars in both houses create an
3-37 emergency and an imperative public necessity that the
3-38 constitutional rule requiring bills to be read on three several
3-39 days in each house be suspended, and this rule is hereby suspended.
3-40 * * * * *
3-41 Austin,
3-42 Texas
3-43 May 11, 1993
3-44 Hon. Bob Bullock
3-45 President of the Senate
3-46 Sir:
3-47 We, your Committee on Health and Human Services to which was
3-48 referred S.B. No. 1180, have had the same under consideration, and
3-49 I am instructed to report it back to the Senate with the
3-50 recommendation that it do not pass, but that the Committee
3-51 Substitute adopted in lieu thereof do pass and be printed.
3-52 Zaffirini,
3-53 Chair
3-54 * * * * *
3-55 WITNESSES
3-56 FOR AGAINST ON
3-57 ___________________________________________________________________
3-58 Name: Wade Thomason x
3-59 Representing: American Lung Association of T
3-60 City: Austin
3-61 -------------------------------------------------------------------
3-62 Name: Glen Provost x
3-63 Representing: Tx Department of Health
3-64 City: Austin
3-65 -------------------------------------------------------------------
3-66 Name: Susan Pitman x
3-67 Representing: The Chemical Connection
3-68 City: Wimberley
3-69 -------------------------------------------------------------------