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."