By Jackson                                            H.B. No. 2436
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of persons engaged in removing asbestos
    1-3  from public and commercial buildings or disturbing, encapsulating,
    1-4  enclosing, performing asbestos surveys, developing management plans
    1-5  or response actions, designing projects, collecting or analyzing
    1-6  asbestos samples, monitoring for airborne asbestos, transporting
    1-7  asbestos, or training persons who work with asbestos.
    1-8        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-9        SECTION 1.  Section 2, Texas Asbestos Health Protection Act
   1-10  (Article 4477-3a, Vernon's Texas Civil Statutes), is amended to
   1-11  read as follows:
   1-12        Sec. 2.  Definitions.  In this Act: (1)  "Asbestos" means the
   1-13  asbestiform varieties of chrysotile, amosite, crocidolite,
   1-14  tremolite, anthophyllite, and actinolite and any of these minerals
   1-15  that have been chemically treated or altered and all materials
   1-16  containing more than one percent <or more> of any of those
   1-17  substances.
   1-18              (2)  "Asbestos abatement" means the removal, the
   1-19  encapsulation, or the enclosure of asbestos for the purpose of or
   1-20  that has the effect of reducing or eliminating concentrations of
   1-21  asbestos fibers or amounts of asbestos-containing materials.
   1-22              (3)  "Asbestos-related activity" means the removal,
   1-23  encapsulation, or enclosure of asbestos, the performance of
    2-1  asbestos surveys, the development of management plans or response
    2-2  actions, the collection or analysis of asbestos samples, or any
    2-3  other activity required to be licensed under this Act.
    2-4              (4)  "Asbestos removal" means any action that disturbs,
    2-5  dislodges, strips, or otherwise takes away asbestos fibers.
    2-6              (5)  "Board" means the Texas Board of Health.
    2-7              (6)  "Commissioner" means the commissioner of health.
    2-8              (7)  "Demolition" means the wrecking or taking out of
    2-9  any load-supporting structural member of a public building or
   2-10  facility or any related asbestos removal, stripping, or handling
   2-11  operations or the intentional burning of any public building or
   2-12  facility.
   2-13              (8)  "Department" means the Texas Department of Health.
   2-14              (9) <(8)>  "Encapsulation" means a method of control of
   2-15  asbestos fibers in which the surface of an asbestos-containing
   2-16  material is penetrated by or covered with a coating prepared for
   2-17  that purpose.
   2-18              (10) <(9)>  "Enclosure" means the construction of an
   2-19  airtight wall and ceiling around asbestos-containing materials.
   2-20              (11) <(10)>  "Person" means:
   2-21                    (A)  an individual;
   2-22                    (B)  an organization such as a corporation,
   2-23  partnership, sole proprietorship, governmental subdivision, or
   2-24  agency; or
   2-25                    (C)  any other legal entity recognized by law as
    3-1  the subject of rights and duties.
    3-2              (12) <(11)>  "Public building" means the interior space
    3-3  of any <a> building used or to be used for purposes that provide
    3-4  for public access or occupancy or for commercial or industrial
    3-5  purposes.  The term includes the building during a period of
    3-6  vacancy, including during preparations prior to and through
    3-7  <actual> demolition.  The term includes but is not limited to
    3-8  industrial and office buildings, residential apartment buildings
    3-9  and condominiums of 5 or more dwelling units, government-owned
   3-10  buildings, colleges, schools, pre-schools, museums, airports,
   3-11  jails, prisons, hospitals, churches, stores, warehouses, and
   3-12  factories.  Interior space includes exterior hallways connecting
   3-13  buildings, porticos, and mechanical systems used to condition
   3-14  interior space.  The term does not include:
   3-15                    (A)  the production or process equipment within a
   3-16  public building <an industrial facility to which access is limited
   3-17  principally to employees of the facility because of processes or
   3-18  functions that are hazardous to human safety or health>;
   3-19                    <(B)  a federal building or installation;>
   3-20                    (B) <(C)>  a private residence; or
   3-21                    (C) <(D)>  an apartment building with no more
   3-22  than four dwelling units<; or>
   3-23                    <(E)  a manufacturing facility or building that is
   3-24  part of a facility that is limited to workers and invited guests
   3-25  under controlled conditions>.
    4-1              (13) <(12)>  "Air monitoring" means the collection of
    4-2  airborne samples for analysis of asbestos fibers.
    4-3              (14) <(13)>  "Independent third-party monitoring" means
    4-4  a person retained to collect area air samples for analysis by and
    4-5  for the owner of the building or facility being abated.  The person
    4-6  must not be employed by the contractor to analyze any area samples
    4-7  collected during the abatement project.
    4-8        SECTION 2.  Section 4B(b), Texas Asbestos Health Protection
    4-9  Act (Article 4477-3a, Vernon's Texas Civil Statutes), is amended to
   4-10  read as follows:
   4-11        (b)  An individual supervising the removal of asbestos, the
   4-12  encapsulation of asbestos, or the enclosure of asbestos <and who is
   4-13  designated as the "competent person," as defined under 29 C.F.R.
   4-14  1926.58,> must be licensed as an asbestos abatement supervisor.
   4-15  The license fee may not exceed $300.
   4-16        SECTION 3.  Section 4C, Texas Asbestos Health Protection Act
   4-17  (Article 4477-3a, Vernon's Texas Civil Statutes), is amended to
   4-18  read as follows:
   4-19        Sec. 4C.  Conflict of interest.  A person licensed under this
   4-20  Act to perform asbestos inspections or surveys, write management
   4-21  plans, or design abatement specifications for an asbestos abatement
   4-22  project may not also be engaged in the abatement <removal> of
   4-23  asbestos from that building or facility unless:
   4-24              (1)  retained to do so by a municipality;
   4-25              (2)  the abatement is limited to the portion of a
    5-1  building where industrial or manufacturing operations or processes
    5-2  are conducted and where access is limited principally to employees
    5-3  and contractors of the buildings operator or to invited guests
    5-4  under controlled conditions; or
    5-5              (3)  the abatement project has a combined amount of
    5-6  asbestos of less than 160 square feet of surface area, or 260
    5-7  linear feet of pipe length, or one cubic yard of material to be
    5-8  removed from that building.
    5-9        SECTION 4.  This Act takes effect September 1, 1995.
   5-10        SECTION 5.  The importance of this legislation and the
   5-11  crowded condition of the calendars in both houses create an
   5-12  emergency and an imperative public necessity that the
   5-13  constitutional rule requiring bills to be read on three several
   5-14  days in each house be suspended, and this rule is hereby suspended.