74R10692 KLL-F
By Coleman H.B. No. 1373
Substitute the following for H.B. No. 1373:
By Coleman C.S.H.B. No. 1373
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to lead-based paint activities in target housing;
1-3 providing civil and criminal penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. PURPOSE. The purpose of this Act is to
1-6 establish, pursuant to federal requirements, the eligibility of
1-7 state and local governments for federal lead-based paint abatement
1-8 funds.
1-9 SECTION 2. DEFINITIONS. In this Act:
1-10 (1) "Commission" means the Texas Natural Resource
1-11 Conservation Commission.
1-12 (2) "Federal law and rules" means:
1-13 (A) Title IV, Toxic Substances Control Act (15
1-14 U.S.C. Section 2681 et seq.), and the rules adopted by the United
1-15 States Environmental Protection Agency under that law for
1-16 authorization of state programs;
1-17 (B) any regulations or requirements adopted by
1-18 the United States Department of Housing and Urban Development
1-19 regarding eligibility for grants to states and local governments;
1-20 and
1-21 (C) any other requirements adopted by a federal
1-22 agency with jurisdiction over lead hazards.
1-23 (3) "Lead-based paint activity" means inspection,
2-1 testing, risk assessment, risk reduction, lead abatement project
2-2 design or planning, or abatement or removal of lead-based paint
2-3 hazards.
2-4 (4) "Person" means an individual, corporation,
2-5 company, contractor, association, firm, partnership, joint stock
2-6 company, foundation, institution, trust, society, union,
2-7 governmental entity, or any other association of individuals.
2-8 (5) "Target housing" means any housing constructed
2-9 before 1978. The term does not include:
2-10 (A) housing for the elderly or persons with
2-11 disabilities, unless a child who is younger than six years of age
2-12 resides or is expected to reside in that housing; or
2-13 (B) a dwelling with no bedrooms.
2-14 SECTION 3. CERTIFICATION PROGRAM. (a) The commission shall
2-15 establish a program for certification of a person involved in a
2-16 lead-based paint activity in target housing and for accreditation
2-17 of training providers in compliance with federal law and rules.
2-18 (b) Rules adopted under this section must:
2-19 (1) set minimum training requirements by accredited
2-20 training providers;
2-21 (2) set standards for lead-based paint activities in
2-22 target housing that cover reliability, effectiveness, and safety;
2-23 (3) set standards for accrediting training providers;
2-24 (4) require the use of certified and accredited
2-25 personnel in any lead-based paint activity in target housing;
3-1 (5) be revised as necessary to comply with federal law
3-2 and rules and to maintain eligibility for federal funding; and
3-3 (6) facilitate reciprocity and communication with
3-4 other states having a certification program.
3-5 (c) The program established under this Act may not exceed
3-6 the minimum program requirements of federal law and rules for
3-7 authorization of a state program and receipt of federal funds by
3-8 state and local governments.
3-9 (d) The commission may assess a fee to recover the cost of
3-10 administering the program.
3-11 SECTION 4. CIVIL PENALTY. (a) If it appears that a person
3-12 has violated, is violating, or is threatening to violate a
3-13 provision of this Act or a rule adopted or certification issued by
3-14 the commission under this Act, the state may file suit in the
3-15 manner prescribed by Sections 361.224(a) and (b), Health and Safety
3-16 Code. Venue is in the county prescribed by Section 361.227, Health
3-17 and Safety Code.
3-18 (b) A civil penalty may not exceed $2,000 for the first
3-19 violation, or $10,000 for a second or subsequent violation.
3-20 SECTION 5. CRIMINAL PENALTY. (a) A person commits an
3-21 offense if the person knowingly or intentionally violates this Act
3-22 or a rule adopted or certification issued under this Act and the
3-23 violation results in an endangerment to the public health and
3-24 safety.
3-25 (b) An offense under this section is punishable by a fine of
4-1 not more than $10,000, not more than six months' imprisonment, or
4-2 both.
4-3 (c) Venue is in the county in which the violation occurs.
4-4 SECTION 6. EMERGENCY. The importance of this legislation
4-5 and the crowded condition of the calendars in both houses create an
4-6 emergency and an imperative public necessity that the
4-7 constitutional rule requiring bills to be read on three several
4-8 days in each house be suspended, and this rule is hereby suspended,
4-9 and that this Act take effect and be in force from and after its
4-10 passage, and it is so enacted.