BILL ANALYSIS Public Health Committee C.S.H.B. 1373 By: Coleman 04-21-95 Committee Report (Substituted) BACKGROUND Title X of the Housing and Community Development Act of 1992 concerns lead-based paint and gives the Department of Housing and Urban Development (HUD) authority to issue grants to state and local governments to perform lead-based paint abatement. HUD requires grant recipients to have a statewide certification program for lead-based paint workers and accreditation of training providers. Several local governments have applied for grants and many more are considering applying. PURPOSE H.B. 1373 as substituted would create a certification program for lead-based paint activities in target housing and accreditation of training programs. It allows state and local governments to receive federal grants, yet is limited not to include businesses, industry, public buildings or steel structures in its coverage. RULEMAKING AUTHORITY It is the committee's opinion that this bill expressly grants additional rulemaking authority to the Texas Natural Resource Conservation Commission (TNRCC) in Section 3 of this bill. SECTION BY SECTION ANALYSIS SECTION 1. States that the purpose of this Act is to establish the eligibility of state and local governments for federal lead-based paint abatement funds. SECTION 2. Defines "commission," "federal law and rules," "lead-based paint activity," "person," and "target housing." SECTION 3. (a) Requires the TNRCC to establish a program for certification of a person involved in a lead-based paint activity in target housing and for accreditation of training providers in compliance with federal law and rules. (b) Specifies what the required rules adopted under this section must do. (c) States that the program may not exceed the minimum requirements of federal law and rules for authorization of a state program and receipt of federal funds by state and local governments. (d) Allows the TNRCC to assess a fee to recover the cost of administering the program. SECTION 4. (a) Allows the state to file suit if it appears that a person violates this Act, or a rule adopted or certification issued by the TNRCC under this Act. (b) States that a civil penalty may not exceed $2,000 for the first violation, or $10,000 for any additional violations. SECTION 5. (a) Establishes the grounds under which a person commits an offense, and that an offense is punishable by a fine of no more than $10,000, no more than six months in prison, or both. States that venue is in the county in which the violation occurs. SECTION 6. Emergency clause. Effective upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE H.B. 1373 as substituted changes the agency overseeing this act from the Texas Department of Health to the TNRCC. The Environmental Protection Agency and the Department of Housing and Urban Development have advised that the TNRCC would be a better agency through which to achieve the objectives of this bill. The substitute also contains non-substantive language changes as recommended by the Legislative Council. SUMMARY OF COMMITTEE ACTION H.B. 1373 was considered by the Public Health Committee in a public hearing on April 19, 1995. The following persons testified for the bill: Timothy G. Lignoul, representing City of Houston. R. Kinnan Goleman, representing ASARCO Incorporated. The bill was left pending in committee. H.B. 1373 was considered in a formal meeting on April 21, 1995. The committee considered a complete substitute for the bill. The substitute was adopted without objection. The bill was reported favorably as substituted, with the recommendation that it do pass and be printed by a record vote of 6 Ayes, 0 Nays, 0 PNV, 3 Absent.