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.
2-32 * * * * *