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.