1-1  By:  Truan                                             S.B. No. 544
    1-2        (In the Senate - Filed February 14, 1995; February 14, 1995,
    1-3  read first time and referred to Committee on Natural Resources;
    1-4  February 15, 1995, rereferred to Committee on Health and Human
    1-5  Services; April 27, 1995, reported adversely, with favorable
    1-6  Committee Substitute by the following vote:  Yeas 9, Nays 0;
    1-7  April 27, 1995, sent to printer.)
    1-8  COMMITTEE SUBSTITUTE FOR S.B. No. 544                    By:  Truan
    1-9                         A BILL TO BE ENTITLED
   1-10                                AN ACT
   1-11  relating to lead-based paint activities in target housing;
   1-12  providing civil, administrative, and criminal penalties.
   1-13        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-14        SECTION 1.  PURPOSE.  The purpose of this Act is to
   1-15  establish, pursuant to federal requirements, the eligibility of
   1-16  state and local governments for federal lead-based paint abatement
   1-17  funds.
   1-18        SECTION 2.  DEFINITIONS.  In this Act:
   1-19              (1)  "Department" means the Texas Department of Health.
   1-20              (2)  "Federal law and rules" means:
   1-21                    (A)  Title IV, Toxic Substances Control Act (15
   1-22  U.S.C. Section 2681 et seq.) and the rules adopted by the United
   1-23  States Environmental Protection Agency under that law for
   1-24  authorization of state programs;
   1-25                    (B)  any regulations or requirements adopted by
   1-26  the United States Department of Housing and Urban Development
   1-27  regarding eligibility for grants to states and local governments;
   1-28  and
   1-29                    (C)  any other requirements adopted by a federal
   1-30  agency with jurisdiction over lead hazards.
   1-31              (3)  "Lead-based paint activity" means inspection,
   1-32  testing, risk assessment, risk reduction, lead abatement project
   1-33  design or planning, or abatement or removal of lead-based paint
   1-34  hazards.
   1-35              (4)  "Person" means an individual, corporation,
   1-36  company, contractor, association, firm, partnership, joint stock
   1-37  company, foundation, institution, trust, society, union, or any
   1-38  other association of individuals.
   1-39              (5)  "Target housing" means any housing constructed
   1-40  before 1978.  The term does not include:
   1-41                    (A)  housing for the elderly or persons with
   1-42  disabilities, unless a child who is younger than six years of age
   1-43  resides or is expected to reside in that housing; or
   1-44                    (B)  a dwelling with no bedrooms.
   1-45        SECTION 3.  CERTIFICATION PROGRAM.  (a)  The department shall
   1-46  establish a program for certification of a person involved in a
   1-47  lead-based paint activity in target housing and for accreditation
   1-48  of training providers in compliance with federal law and rules.
   1-49        (b)  Rules adopted under this section must:
   1-50              (1)  set minimum training requirements by accredited
   1-51  training providers;
   1-52              (2)  set standards for lead-based paint activities in
   1-53  target housing that cover reliability, effectiveness, and safety;
   1-54              (3)  set standards for accrediting training providers;
   1-55              (4)  require the use of certified and accredited
   1-56  personnel in any lead-based paint activity in target housing;
   1-57              (5)  be revised as necessary to comply with federal law
   1-58  and rules and to maintain eligibility for federal funding;
   1-59              (6)  facilitate reciprocity and communication with
   1-60  other states having a certification program; and
   1-61              (7)  provide for decertification, deaccreditation, and
   1-62  financial assurance for a person certified or accredited by the
   1-63  department.
   1-64        (c)  The program established under this Act may not exceed
   1-65  the minimum program requirements of federal law and rules for
   1-66  authorization of a state program and receipt of federal funds by
   1-67  state and local governments.
   1-68        (d)  The department may assess a fee to recover the cost of
    2-1  administering the program.
    2-2        SECTION 4.  CIVIL PENALTY.  (a)  If it appears that a person
    2-3  has violated, is violating, or is threatening to violate a
    2-4  provision of this Act or a rule adopted or certification issued by
    2-5  the department under this Act, the state may file suit in the
    2-6  manner prescribed by Subsections (a) and (b), Section 361.224,
    2-7  Health and Safety Code.  Venue is in the county prescribed by
    2-8  Section 361.227, Health and Safety Code.
    2-9        (b)  A civil penalty may not exceed $2,000 for the first
   2-10  violation,  or $10,000 for a second or subsequent violation.
   2-11        SECTION 5.  CRIMINAL PENALTY.  (a)  A person commits an
   2-12  offense if the person knowingly or intentionally violates this Act
   2-13  or a rule adopted or  certification issued under this Act and the
   2-14  violation results in an endangerment to the public health and
   2-15  safety.
   2-16        (b)  An offense under this section is punishable by a fine of
   2-17  not more than $10,000, not more than six months imprisonment, or
   2-18  both.
   2-19        (c)  Venue is in the county in which the violation occurs.
   2-20        SECTION 6.  ADMINISTRATIVE PENALTY.  The department may
   2-21  assess an administrative penalty of not more than $5,000 for each
   2-22  day of a violation of this Act or a rule adopted under this Act.
   2-23  The Texas Board of Health shall adopt rules relating to the
   2-24  assessment and collection of an administrative penalty.
   2-25        SECTION 7.  EMERGENCY.  The importance of this legislation
   2-26  and the crowded condition of the calendars in both houses create an
   2-27  emergency and an imperative public necessity that the
   2-28  constitutional rule requiring bills to be read on three several
   2-29  days in each house be suspended, and this rule is hereby suspended,
   2-30  and that this Act take effect and be in force from and after its
   2-31  passage, and it is so enacted.
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