BILL ANALYSIS



C.S.H.B. 2436
By: Jackson
04-25-95
Committee Report (Substituted)


BACKGROUND

In 1990, Congress enacted the Asbestos School Hazard Abatement
Reauthorization Act (ASHARA). This law amended the Asbestos Hazard
Emergency Response Act to extend training and accreditation
requirements to certain persons performing work in public and
commercial buildings. ASHARA also directed the Environmental
Protection Agency (EPA) to revise its Model Accreditation Plan
(MAP). The revised MAP requires Texas to adopt an accreditation
program that is at least as stringent as the MAP within 180 days
after the start of the legislative session. Should the deadline not
be met, Texas will no longer have authority to train persons or
issue accreditation that satisfies the requirements of the federal
Toxic Substances Control Act (TSCA), or to approve training course
providers to conduct TSCA training and issue TSCA accreditation.
Additionally, training providers approved by Texas would
automatically lose state approval, and only those who have self-certified with the EPA in addition to receiving state approval will
be able to continue as training providers.  

PURPOSE

H.B. 2436 would amend certain provisions of the Texas Asbestos
Health Protection Act to bring state law into compliance with
federal requirements.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 2, Texas Asbestos Health Protection Act
(Article 4477-3a, Vernon's Texas Civil Statutes), as follows:

     Sec. 2.  DEFINITIONS.  (1) Modifies the definition of
"asbestos" to include any of a list     of substances that have
                                        been chemically treated
                                        or altered and all
                                        materials containing more
                                        than one percent of any
                                        of the minerals specified
                                        in this section.

     (7)  Adds the definition of "demolition" as the wrecking or
taking out of any load-  supporting structural member of a public
                         building or facility or any related
                         asbestos removal, stripping or handling
                         operations, or the intentional burning of
                         such buildings or facilities. Renumbers
                         the remaining subsections to reflect this
                         addition.

     (12)  Modifies the definition of "public building" to specify
that the term means the  interior space of a building and includes
                         but is not limited to industrial and
                         office buildings, residential apartment
                         buildings and condominiums of five or
                         more dwelling units, government-owned
                         buildings, colleges, schools, pre-schools, museums, airports, jails,
                         prisons, hospitals, churches, stores,
                         warehouse and factories. Excludes certain
                         hallways from being designated as
                         "interior space." Exempts the production
                         or process equipment within a building
                         from the definition and deletes existing
                         exemptions for certain industrial
                         facilities, federal buildings or
                         installations and certain manufacturing
                         facilities. 

SECTION 2.  Amends Section 4B(b), Texas Asbestos Health Protection
Act (Article 4477-3a, V.T.C.S.), as follows:

     (b) Deletes the reference to the definition of "competent
     person" under existing licensing requirement for supervisors.

SECTION 3.  Amends Section 4C, Texas Asbestos Health Protection Act
(Article 4477-3a, V.T.C.S.), as follows:

     Sec. 4C. Replaces the term "removal" of asbestos with
"abatement" and adds specific      exemptions to the conflict-of-interest provision, which
                                   prohibits persons licensed to
                                   perform certain asbestos
                                   design, inspection or
                                   management activities from
                                   taking part in an abatement
                                   project.

SECTION 4.  Effective date: September 1, 1995.

SECTION 5:  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute for H.B. 2436 contains non-substantive language
changes as recommended by the Legislative Council.

SUMMARY OF COMMITTEE ACTION

H.B. 2436 was considered by the Public Health Committee in a public
hearing on April 25, 1995.
The committee considered a complete substitute for the bill. The
substitute was adopted without objection.

The following persons testified in favor of the bill:
Representative Jackson, author of the bill.
Wade Stansell, representing self and Texas Utilities.

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, and 3 ABSENT.