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.