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.