By: Truan S.B. No. 544 A BILL TO BE ENTITLED AN ACT 1-1 relating to lead-based paint activities in target housing; 1-2 providing civil, administrative, and criminal penalties. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. PURPOSE. The purpose of this Act is to 1-5 establish, pursuant to federal requirements, the eligibility of 1-6 state and local governments for federal lead-based paint abatement 1-7 funds. 1-8 SECTION 2. DEFINITIONS. In this Act: 1-9 (1) "Department" means the Texas Department of Health. 1-10 (2) "Federal law and rules" means: 1-11 (A) Title IV, Toxic Substances Control Act (15 1-12 U.S.C. Section 2681 et seq.) and the rules adopted by the United 1-13 States Environmental Protection Agency under that law for 1-14 authorization of state programs; 1-15 (B) any regulations or requirements adopted by 1-16 the United States Department of Housing and Urban Development 1-17 regarding eligibility for grants to states and local governments; 1-18 and 1-19 (C) any other requirements adopted by a federal 1-20 agency with jurisdiction over lead hazards. 1-21 (3) "Lead-based paint activity" means inspection, 1-22 testing, risk assessment, risk reduction, lead abatement project 1-23 design or planning, or abatement or removal of lead-based paint 1-24 hazards. 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 before 1978. The term does not include: 2-7 (A) housing for the elderly or persons with 2-8 disabilities, unless a child who is younger than six years of age 2-9 resides or is expected to reside in that housing; or 2-10 (B) a dwelling with no bedrooms. 2-11 SECTION 3. CERTIFICATION PROGRAM. (a) The department shall 2-12 establish a program for certification of a person involved in a 2-13 lead-based paint activity in target housing and for accreditation 2-14 of training providers in compliance with federal law and rules. 2-15 (b) Rules adopted under this section must: 2-16 (1) set minimum training requirements by accredited 2-17 training providers; 2-18 (2) set standards for lead-based paint activities in 2-19 target housing that cover reliability, effectiveness, and safety; 2-20 (3) set standards for accrediting training providers; 2-21 (4) require the use of certified and accredited 2-22 personnel in any lead-based paint activity in target housing; 2-23 (5) be revised as necessary to comply with federal law 2-24 and rules and to maintain eligibility for federal funding; 2-25 (6) facilitate reciprocity and communication with 2-26 other states having a certification program; and 2-27 (7) provide for decertification, deaccreditation, and 3-1 financial assurance for a person certified or accredited by the 3-2 department. 3-3 (c) The program established under this Act may not exceed 3-4 the minimum program requirements of federal law and rules for 3-5 authorization of a state program and receipt of federal funds by 3-6 state and local governments. 3-7 (d) The department may assess a fee to recover the cost of 3-8 administering the program. 3-9 SECTION 4. CIVIL PENALTY. (a) If it appears that a person 3-10 has violated, is violating, or is threatening to violate a 3-11 provision of this Act or a rule adopted or certification issued by 3-12 the department under this Act, the state may file suit in the 3-13 manner prescribed by Subsections (a) and (b), Section 361.224, 3-14 Health and Safety Code. Venue is in the county prescribed by 3-15 Section 361.227, Health and Safety Code. 3-16 (b) A civil penalty may not exceed $2,000 for the first 3-17 violation, or $10,000 for a second or subsequent violation. 3-18 SECTION 5. CRIMINAL PENALTY. (a) A person commits an 3-19 offense if the person knowingly or intentionally violates this Act 3-20 or a rule adopted or certification issued under this Act and the 3-21 violation results in an endangerment to the public health and 3-22 safety. 3-23 (b) An offense under this section is punishable by a fine of 3-24 not more than $10,000, not more than six months imprisonment, or 3-25 both. 3-26 (c) Venue is in the county in which the violation occurs. 3-27 SECTION 6. ADMINISTRATIVE PENALTY. The department may 4-1 assess an administrative penalty of not more than $5,000 for each 4-2 day of a violation of this Act or a rule adopted under this Act. 4-3 The Texas Board of Health shall adopt rules relating to the 4-4 assessment and collection of an administrative penalty. 4-5 SECTION 7. EMERGENCY. The importance of this legislation 4-6 and the crowded condition of the calendars in both houses create an 4-7 emergency and an imperative public necessity that the 4-8 constitutional rule requiring bills to be read on three several 4-9 days in each house be suspended, and this rule is hereby suspended, 4-10 and that this Act take effect and be in force from and after its 4-11 passage, and it is so enacted.