By Coleman H.B. No. 1373
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to creation of a lead-based paint certification program
1-3 for target housing, providing for a fee, and providing for civil
1-4 and criminal penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. PURPOSE. The purpose of this Act is to
1-7 establish, pursuant to federal requirements, the eligibility of
1-8 state and local governments for federal lead-based paint abatement
1-9 funds.
1-10 SECTION 2. DEFINITIONS. In this Act:
1-11 (1) "Department" means the Texas Department of Health;
1-12 (2) "Federal law and rules" means 15 United States
1-13 Code Title IV, entitled "Lead Exposure Reduction" and the rules
1-14 promulgated by the United States Environmental Protection Agency
1-15 thereto for authorization of state programs, and any regulations or
1-16 requirements promulgated by the United States Department of Housing
1-17 and Urban Development regarding eligibility for grants to states
1-18 and local governments, and any other requirements promulgated by a
1-19 federal agency with jurisdiction over lead hazards;
1-20 (3) "Lead-based paint activity" means inspection,
1-21 testing, risk assessment, risk reduction, lead abatement project
1-22 design or planning, abatement or removal of lead-based paint
1-23 hazards in target housing;
2-1 (4) "Person" means an individual, corporation,
2-2 company, contractor, association, firm, partnership, joint stock
2-3 company, foundation, institution, trust, society, union or any
2-4 other association of individuals.
2-5 (5) "Target housing" means any housing constructed
2-6 prior to 1978, except housing for the elderly or persons with
2-7 disabilities (unless any child who is less than 6 years of age
2-8 resides or is expected to reside in the housing for the elderly or
2-9 persons with disabilities) or any zero-bedroom dwelling.
2-10 SECTION 3. (a) The department shall create a program for
2-11 certification of a person involved in any lead-based paint activity
2-12 and accreditation of training providers in compliance with federal
2-13 law and rules. The department shall issue rules and regulations to
2-14 implement this section before January 1, 1996. The rules shall:
2-15 (1) set minimum training requirements by accredited
2-16 training providers:
2-17 (2) set standards for lead-based paint activities
2-18 taking into account reliability, effectiveness, and safety;
2-19 (3) set standards for accrediting training providers;
2-20 (3) require the use of certified and accredited
2-21 personnel in any lead-based paint activity;
2-22 (4) be revised as necessary to comply with federal law
2-23 and rules and to maintain eligibility for federal funding;
2-24 (5) facilitate reciprocity and communication with
2-25 other states having a certification program.
3-1 (b) The program created by the Department pursuant to this
3-2 Act shall not exceed the minimum program requirements of federal
3-3 law and rules for authorization of a state program and receipt by
3-4 state and local governments of federal funds.
3-5 (c) The department may assess a fee to recover the cost of
3-6 administering the program.
3-7 SECTION 4. (a) If it appears that a person has violated, is
3-8 violating, or is threatening to violate any provision of this
3-9 section or any rule, regulation, certification, approval or license
3-10 issued by the Department under this chapter, the state may file
3-11 suit pursuant to subsections (a) and (b), Section 361.224, Health
3-12 and Safety Code with venue as prescribed under Section 361.227,
3-13 Health and Safety Code. The civil penalty shall not exceed $2,000
3-14 for the first violation. The penalty may not exceed $10,000 for a
3-15 second violation and every violation thereafter.
3-16 (b) Any person who knowingly or intentionally violates any
3-17 provision of this chapter or any rule, regulation, certification,
3-18 approval or license issued by the Department under this chapter
3-19 that results in an endangerment to the public health and safety,
3-20 upon conviction may be punished by a criminal fine of up to
3-21 $10,000, up to six months imprisonment, or both. Venue is
3-22 appropriate in the county where the violation occurs.
3-23 SECTION 5. The importance of this legislation and the
3-24 crowded condition of the calendars in both houses create an
3-25 emergency and an imperative public necessity that the
4-1 constitutional rule requiring bills to be read on three several
4-2 days in each house be suspended, and this rule is hereby suspended,
4-3 and that this act take effect and be in force from and after its
4-4 passage, and it is so enacted.