SRC-CDH H.B. 729 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 729
By: Van de Putte (Truan)
Health & Human Services
4-28-97
Engrossed


DIGEST 

In 1995, the Texas Legislature passed S.B. 544, requiring the Texas
Department of Health (department) to establish a program to certify
persons involved in lead-based paint activities and to accredit lead
training providers.  The bill also required the department to set
standards for safe leadbased paint activities.  In order to comply with
federal law and rules, S.B. 544 only applied to "target housing" or
residential and multi-family homes built before 1978.  Final rules
recently published by the U.S. Environmental Protection Agency now require
coverage of both "target housing" and "childoccupied facilities."  In
order for state and local governments to remain eligible for federal
funding of lead abatement programs, the authority created by S.B. 544
needs to be expanded to include "child-occupied facilities" by August 31,
1998.  H.B. 729 brings "child-occupied facilities" into the domain of the
department's lead safety and abatement programs, and provides a means for
further regulation of the public health hazards created by lead-based
paint activities in public areas. 

PURPOSE

As proposed, H.B. 729 provides for facilities covered by, and the
emergency authority of, the Texas Department of Health under the lead
abatement law. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Department of Health in
SECTION 3 (Section 3(e), Article 9029, V.T.C.S.) of this bill.   

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 2, Article 9029, V.T.C.S., to define
"child-occupied facility," and redefine "lead-based paint activity" and
"target housing."  Makes conforming changes. 

SECTION 2. Amends Sections 3(a) and (b), Article 9029, V.T.C.S., to
require the Texas Department of Health (department) to establish a program
for certification of a person involved in a lead-based paint activity in
target housing or in a child-occupied facility.  Requires the department
to make any changes to the certification program that are consistent with
this chapter and necessary to comply with federal law and rules relating
to the program.  Makes conforming changes. 

SECTION 3. Amends Section 3, Article 9029, V.T.C.S., by adding Subsection
(e), to authorize the department, by rule, to require a person who is
involved in a lead-based paint activity in target housing or a public area
that the department finds creates a public health hazard to become
certified under the program established under this Act.  Requires the
department, if it adopts a rule under this subsection, to delay
implementation of the certification requirement until the day six months
after the date the rule is adopted. 

SECTION 4. Requires the department to adopt initial rules to implement the
change in law made by SECTIONS 1 and 2 of this Act not later than January
1, 1998. 

SECTION 5. (a)  Effective date:  September 1, 1997.

(b)  Provides that a person is not required to become certified to perform
lead-based paint activity in a child-occupied facility before June 1,
1998. 
 
SECTION 6. Emergency clause.