By Serna H.B. No. 2774
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of a commercial laundry; providing
1-3 penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. DEFINITIONS. In this Act:
1-6 (1) "Board" means the Texas Board of Health.
1-7 (2) "Bureau" means the Bureau of Commercial Laundries.
1-8 (3) "Caustic or toxic chemical" includes chlorine
1-9 bleach, potassium permanganate, caustic soda, hydroxamine sulfate,
1-10 and metabisulfate, and blue dye or alkali in an amount greater than
1-11 the minimum amount the board by rule determines to be excessive.
1-12 (4) "Commercial laundry" means a laundry that uses
1-13 pumice stone or caustic or toxic chemicals to wash, finish, or
1-14 alter the appearance of a garment or fabric for retail sale or
1-15 wholesale distribution by a manufacturer, distributor, or
1-16 wholesaler of apparel.
1-17 (5) "Department" means the Texas Department of Health.
1-18 (6) "Person" means an individual, sole proprietorship,
1-19 association, corporation, business trust, or other private legal
1-20 entity.
1-21 (7) "Pumice stone" means an abrasive that is a gritty
1-22 volcanic dust, very light in weight, and buoyant in liquid.
1-23 SECTION 2. LICENSE REQUIREMENT. A person may not operate a
2-1 commercial laundry that employs three or more individuals unless
2-2 the person holds a license issued under this Act.
2-3 SECTION 3. BUREAU OF COMMERCIAL LAUNDRIES. (a) The Bureau
2-4 of Commercial Laundries is created within the department to
2-5 administer and enforce this Act.
2-6 (b) The bureau may contract with other state agencies for
2-7 services.
2-8 SECTION 4. POWERS AND DUTIES OF BOARD AND BUREAU. (a) The
2-9 board shall:
2-10 (1) adopt rules for the licensing of a person that
2-11 operates a commercial laundry;
2-12 (2) adopt rules for the operation of a commercial
2-13 laundry under this Act; and
2-14 (3) establish application and renewal license fees in
2-15 an amount not to exceed three percent of the annual gross receipts
2-16 of a commercial laundry operated by a license holder under this
2-17 Act, and other fees in amounts that are reasonable and necessary to
2-18 defray the costs of the administration of this Act.
2-19 (b) The bureau shall:
2-20 (1) prescribe application forms for original and
2-21 renewal licenses; and
2-22 (2) take other action as necessary to enforce this
2-23 Act.
2-24 SECTION 5. COMMERCIAL LAUNDRY LICENSE. (a) The bureau
2-25 shall issue a commercial laundry license to an applicant who:
3-1 (1) is at least 18 years of age;
3-2 (2) meets the application requirements prescribed by
3-3 board rule; and
3-4 (3) pays the application and licensing fees.
3-5 (b) A license issued under this Act is valid throughout this
3-6 state.
3-7 (c) A license issued under this Act is not assignable or
3-8 transferable.
3-9 SECTION 6. LICENSE RENEWAL. (a) A license is valid for one
3-10 year and may be renewed on payment of the required renewal fee.
3-11 (b) If a license holder fails to renew the license by the
3-12 required date, the license holder may renew the license on payment
3-13 of the renewal fee and a late fee set by the board. If the license
3-14 is not renewed by the first anniversary of the date on which the
3-15 license expired, the license holder must apply for an original
3-16 license in the manner required by Section 5 of this Act.
3-17 SECTION 7. DENIAL, SUSPENSION, REVOCATION, OR REINSTATEMENT
3-18 OF LICENSE. (a) The bureau may deny, suspend, revoke, or
3-19 reinstate a license.
3-20 (b) The board shall adopt rules establishing the grounds for
3-21 the denial, suspension, revocation, or reinstatement of a license
3-22 and establishing procedures for disciplinary actions.
3-23 (c) Proceedings relating to the suspension or revocation of
3-24 a license issued under this Act are subject to the Administrative
3-25 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
4-1 Civil Statutes).
4-2 (d) A person whose license has been revoked may not apply
4-3 for a new license until after the first anniversary of the date of
4-4 the revocation.
4-5 SECTION 8. BOARD RULES. The board shall adopt rules for the
4-6 regulation of a commercial laundry that include:
4-7 (1) a requirement that toxic and caustic chemicals be
4-8 stored in a separate and secured room or facility with limited
4-9 access by an employee of the laundry;
4-10 (2) periodic testing of the discharge from the laundry
4-11 for toxic or caustic chemicals;
4-12 (3) record-keeping requirements for the periodic
4-13 testing for toxic discharge and the availability of those records
4-14 for inspection on the request of an appropriate state, municipal,
4-15 county, or municipal utility district inspector;
4-16 (4) the posting of warnings, in each language read by
4-17 five percent or more of all employees that work in a facility, in
4-18 an area where toxic or caustic chemicals are used;
4-19 (5) a requirement of a periodic health examination, at
4-20 least semiannually, for an employee who works with or is exposed to
4-21 toxic or caustic chemicals that includes testing of an employee's
4-22 eyes, respiratory system, and blood for exposure to toxic or
4-23 caustic chemicals;
4-24 (6) a requirement that a building used by a commercial
4-25 laundry be properly ventilated and partitioned from ceiling to
5-1 floor to separate from each other the areas used for:
5-2 (A) the storage of toxic and caustic chemicals;
5-3 (B) the washing of garments;
5-4 (C) the pressing, folding, and packaging of
5-5 garments; and
5-6 (D) other purposes;
5-7 (7) the clear indication and marking of dangerous
5-8 areas around hazardous machinery and the limitation of access in
5-9 those areas to an operator and supervisor;
5-10 (8) the limitation of splashing from machinery and wet
5-11 areas on the floor of a laundry;
5-12 (9) the provision by a laundry of:
5-13 (A) showers for employees on the premises of the
5-14 laundry;
5-15 (B) first aid kits that are openly accessible to
5-16 the employees of a laundry;
5-17 (C) protective gear for employees who work with
5-18 or have access to toxic or caustic chemicals; and
5-19 (D) periodic educational and training programs
5-20 concerning accident prevention for all employees;
5-21 (10) the posting of equipment safety ratings;
5-22 (11) the prohibition of tampering with the safety
5-23 features of machinery without the written authority of the bureau;
5-24 (12) the prohibition of a license holder under this
5-25 Act from employing a person 15 years of age or younger in a
6-1 commercial laundry;
6-2 (13) the prohibition of the discharge of pumice stone
6-3 or its residue that has been contaminated by chlorine bleach of 15
6-4 percent or greater, potassium permanganate, caustic soda,
6-5 hydroxamine sulfate, metabisulfate, alkali, or color dye into a
6-6 municipal sewer drain system;
6-7 (14) a requirement that drain flows and drain channels
6-8 be covered;
6-9 (15) the reporting by a laundry to the bureau of all
6-10 injuries and accidents suffered by a laundry employee;
6-11 (16) the development of a plan for fire prevention,
6-12 prevention of accidental chemical spillage, and evacuation of
6-13 employees;
6-14 (17) the filtration of a discharge from a facility to
6-15 limit the discharge of a toxic or caustic chemical, pollutant,
6-16 water contaminant, or mud; and
6-17 (18) the access a bureau inspector may have to records
6-18 that are required to be kept under this Act and by board rule.
6-19 SECTION 9. CONFLICT WITH FEDERAL LAW. A provision of this
6-20 Act or rule adopted by the board under this Act may not overrule or
6-21 supersede any federal law or regulation that regulates the
6-22 operation of a commercial laundry or the use of a caustic or toxic
6-23 chemical by a commercial laundry.
6-24 SECTION 10. HEALTH INSURANCE REQUIRED. The holder of a
6-25 commercial laundry license under this Act must provide a group
7-1 health insurance policy that is available to each employee of a
7-2 laundry.
7-3 SECTION 11. ADMINISTRATIVE PENALTY. (a) If the bureau
7-4 determines that a person regulated under this Act has violated a
7-5 safety rule adopted under this Act in a manner that constitutes a
7-6 ground for a disciplinary action under this Act, the bureau may
7-7 assess an administrative penalty against that person as provided by
7-8 this section.
7-9 (b) The bureau may assess the administrative penalty in an
7-10 amount not less than $50 and not more than $5,000. In determining
7-11 the amount of the penalty, the commission shall consider the
7-12 seriousness of the violation.
7-13 (c) If, after examination of a possible violation and the
7-14 facts relating to that possible violation, the bureau determines
7-15 that a violation has occurred, the bureau shall issue a preliminary
7-16 report that states the facts on which the conclusion is based, the
7-17 fact that an administrative penalty is to be imposed, and the
7-18 amount to be assessed. Not later than the 10th day after the date
7-19 on which the bureau issues the preliminary report, the bureau shall
7-20 send a copy of the report to the person charged with the violation,
7-21 together with a statement of the right of the person to a hearing
7-22 relating to the alleged violation and the amount of the penalty.
7-23 (d) Not later than the 20th day after the date on which the
7-24 report is sent, the person charged either may make a written
7-25 request for a hearing or may remit the amount of the administrative
8-1 penalty to the bureau. Failure either to request a hearing or to
8-2 remit the amount of the administrative penalty within the time
8-3 provided by this subsection results in a waiver of a right to a
8-4 hearing under this Act. If the person charged requests a hearing,
8-5 the hearing shall be conducted in the manner provided for a
8-6 contested case hearing under the Administrative Procedure and Texas
8-7 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes). If
8-8 it is determined after a hearing that the person has committed the
8-9 alleged violation, the commission shall give written notice to the
8-10 person of the findings established by the hearing and the amount of
8-11 the penalty and shall enter an order requiring the person to pay
8-12 the penalty.
8-13 (e) Not later than the 30th day after the date on which the
8-14 notice is received, the person charged shall pay the administrative
8-15 penalty in full or, if the person wishes to contest either the
8-16 amount of the penalty or the fact of the violation, forward the
8-17 assessed amount to the bureau for deposit in an escrow account.
8-18 If, after judicial review, it is determined that no violation
8-19 occurred or that the amount of the penalty should be reduced, the
8-20 bureau shall remit the appropriate amount to the person charged
8-21 with the violation not later than the 30th day after the date on
8-22 which the judicial determination becomes final.
8-23 (f) Failure to remit the amount of the administrative
8-24 penalty to the bureau within the time provided by Subsection (e) of
8-25 this section results in a waiver of all legal rights to contest the
9-1 violation or the amount of the penalty.
9-2 SECTION 12. FUNDING. The commercial laundries account is
9-3 created in the general revenue fund. The account consists of all
9-4 money derived from fees, assessments, or charges under this Act.
9-5 The legislature shall appropriate at least half of the money in the
9-6 account to the bureau for the enforcement of this Act. The
9-7 legislature may appropriate more from the account for that purpose,
9-8 but the total appropriation for that purpose may not exceed the
9-9 amount credited to the account in the year for which the
9-10 appropriation is made. At the end of each fiscal biennium, the
9-11 comptroller shall transfer the unobligated and unexpended balance
9-12 of the amount in that account to the general revenue fund.
9-13 SECTION 13. PENALTY. (a) A person commits an offense if
9-14 the person operates a commercial laundry without a license issued
9-15 under this Act.
9-16 (b) An offense under this section is a misdemeanor
9-17 punishable by a fine of not less than $10,000 and not more than
9-18 $5,000,000.
9-19 SECTION 14. EFFECTIVE DATE FOR LICENSE REQUIREMENT. A
9-20 person is not required to obtain a license under this Act until
9-21 January 1, 1996.
9-22 SECTION 15. EFFECTIVE DATE; TRANSITION. (a) This Act takes
9-23 effect September 1, 1995, except that Sections 2 and 13 take effect
9-24 January 1, 1996.
9-25 (b) The board shall adopt rules under this Act not later
10-1 than November 1, 1995.
10-2 SECTION 16. EMERGENCY. The importance of this legislation
10-3 and the crowded condition of the calendars in both houses create an
10-4 emergency and an imperative public necessity that the
10-5 constitutional rule requiring bills to be read on three several
10-6 days in each house be suspended, and this rule is hereby suspended.