BILL ANALYSIS



S.B. 544
By: Truan (Coleman, Van de Putte)
May 11, 1995
Committee Report (Unamended)


BACKGROUND

Lead exposure is known to cause adverse health effects in adults
and young children. Children are at more risk when exposed to lead
than adults due to lead's effect on the development of the brain
and nervous system of children and fetuses. Deteriorating lead-based paint, such as in residential housing, can present a
significant health challenge.  

PURPOSE

S.B. 544 would establish regulation of lead-based paint activities
and hazards by the Texas Department of Health and the Texas Board
of Health to comply with eligibility requirements of state and
local governments for federal lead-based paint abatement funds.
Sets forth civil, administrative, and criminal penalties for
violation of any regulations.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the Texas Department of Health under SECTION 3 and the Texas
Board of Health under SECTION 6 of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. PURPOSE.  Sets forth the purpose of this Act regarding
the eligibility of state and local governments for federal lead-based paint abatement funds.

SECTION 2. DEFINITIONS.  Defines "department," "federal law and
rules," "lead-based paint activity," "person," and "target
housing."

SECTION 3. CERTIFICATION PROGRAM.  (a) Requires the Texas
Department of Health (department) 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) Sets forth requirements for rules adopted under this
     section.
     
     (c) Prohibits the program from exceeding the minimum program
     requirements for federal law and rules for authorization of a
     state program and receipt of federal funds by state and local
     governments.
     
     (d) Allows the department to establish a fee to cover the cost
     of administering the program.
     
     SECTION 4.     CIVIL PENALTY.  (a) Authorizes the state to file suit
in a certain manner if it appears that a person violated this Act
or a rule adopted or certification issued by the department.
Provides that venue is in the county is prescribed by Section
361.227, Health and Safety Code.

     (b) Prohibits a civil penalty from exceeding $2,000 for the
     first violation, or $10,000 for a second or subsequent
     violation.
          
     SECTION 5.     CRIMINAL PENALTY.  (a) States that a person commits an
offense if the person knowingly or intentionally violates this Act
or a rule adopted or certification issued under this Act and the
violation results in endangerment to public health and safety.

     (b) States that an offense is punishable by a fine of not more
     than $10,000, not more than six months imprisonment, or both.
     
     (c) States that venue is in the county in which the violation
     occurs.
     
     SECTION 6.     ADMINISTRATIVE PENALTY.  Authorizes the department to
assess an administrative penalty of not more than $5,000 for each
day of violation of this Act or a rule adopted under this Act.
Requires the Texas Board of Health to adopt rules relating to the
assessment and collection of an administrative penalty.

SECTION 7. Emergency clause.
           Effective date: upon passage.

SUMMARY OF COMMITTEE ACTION

S.B. 544 was considered by the Public Health Committee in a formal
meeting on May 11, 1995. The bill was reported favorably without
amendment, with the recommendation that it do pass and be printed
and be sent to the Committee on Local and Consent Calendars, by a
record vote of 6 AYES, 0 NAYS, 0 PNV, and 3 ABSENT.