BILL ANALYSIS


                                                     C.S.S.B. 544
                                                        By: Truan
                                        Health and Human Services
                                                         04-27-95
                                   Committee Report (Substituted)
BACKGROUND

Lead exposure is known to cause adverse health effects in adults
and young children.  Children are more at 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

As proposed, C.S.S.B. 544 establishes 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.  Provides 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 (program).

     (b) Sets forth requirements of 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) Authorizes 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 has violated, is
violating, is threatening to violate this Act or a rule adopted or
certification issued by the department.  Provides that venue 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) Provides 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) Provides that an offense is punishable by a fine of not
     more than $10,000, not more than six months imprisonment, or
     both.
     
     (c) Provides 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.