BG H.B. 729 75(R)BILL ANALYSIS PUBLIC HEALTH H.B. 729 By: Van de Putte 3-12-97 Committee Report (Substituted) BACKGROUND In 1995, the Texas Legislature passed SB 544, requiring the Texas Department of Health (TDH) to establish a program to certify persons involved in lead-based paint activities and to accredit lead training providers. The bill also required TDH to set standards for safe lead-based paint activities. In order to comply with federal law and rules, SB 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 (EPA) now require coverage of both "target housing" and "child-occupied facilities." In order for state and local governments to remain eligible for federal funding of lead abatement programs, the authority created by SB 544 must be expanded to include "child-occupied facilities" by August 31, 1998. PURPOSE C.S.H.B. 729 will bring "child-occupied facilities" into the domain of TDH's lead safety and abatement programs and provide a means for more regulation of the public health hazards created by lead-based paint activities in public areas. RULEMAKING AUTHORITY It is the committee's opinion that this bill expressly grants additional rulemaking authority to the Texas Department of Health in Section 3 [adding Section 3(e) of Article 9029, Vernon's Texas Civil Statutes] and in Section 4 of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 2, Chapter 332, Acts of the 74th Legislature, Regular Session, 1995 (Article 9029, Vernon's Texas Civil Statutes), by adding definitions to Sec. 2 as follows: Adds Subsection (1) to define "child-occupied facility" as a building or part of a building, constructed before 1978, that is visited at least two days a week for more than three hours, or at least sixty hours annually, by children of age six years or younger. Specifies the term to include: a day-care center, preschool, or kindergarten. Subsections (2) and (3) make conforming changes. Subsection (4) is conformed, and adds the creation of leadbased paint hazards to the definition of "lead-based paint activity." Subsections (5) and (6) make conforming changes. Subsection (6)(A) amends the definition of "target housing" exclusions to be unless a child six years or younger resides in that house, instead of the previously stated child under age six. SECTION 2. Amends Sections 3(a) and (b), Chapter 332, Acts of the 74th Legislature, Regular Session, 1995 (Article 9029, Vernon's Texas Civil Statutes), as follows: Subsection (a) adds a person involved in lead-based paint activity in a child-occupied facility to the entities for which the TDH is required to establish a certification program. Requires that TDH make any changes to the certification program that are consistent with this chapter and necessary to comply with federal rules and law. Subsection (b) adds lead-based paint activity in a child-occupied facility to the provision that rules adopted under this section must require the use of certified and accredited personnel. SECTION 3. Amends Section 3, Chapter 332, Acts of the 74th Legislature, Regular Session, 1995 (Article 9029, Vernon's Texas Civil Statutes), by adding subsection (e) to allow TDH, by rule, to require that a person become certified if involved in a lead-based paint activity in target housing or public areas that TDH finds creates a public health hazard. Requires a six month delay in implementation of such certification requirement, if adopted by TDH as a rule. SECTION 4. Requires TDH to adopt initial rules to implement the changes under Sections 1 and 2 of this Act by January 1, 1998. SECTION 5. Provides that this act takes effect September 1, 1997, but clarifies 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. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 729 conforms the definition of "child occupied facility" to be identical to language adopted by the Environmental Protection Agency. Clarifies what is covered under the term "target housing" to include a house in which a child of six years of age or younger resides. Clarifies the authority of TDH to require certification of a person involved in hazardous leadbased activities by adding the phrase "in target housing or public areas."