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 * * * * *