1-1                                   AN ACT

 1-2     relating to the facilities covered by and the emergency authority

 1-3     of the Texas Department of Health under the lead abatement law.


 1-5           SECTION 1.  Section 2, Chapter 332, Acts of the 74th

 1-6     Legislature, Regular Session, 1995 (Article 9029, Vernon's Texas

 1-7     Civil Statutes), is amended to read as follows:

 1-8           Sec. 2.  Definitions.  In this Act:

 1-9                 (1)  "Child-occupied facility" means a building, or

1-10     part of a building, constructed before 1978 that is visited

1-11     regularly by the same child, six years of age or younger, on at

1-12     least two different days in any seven-day  period beginning on

1-13     Sunday and ending on Saturday, if each day's visit lasts at least

1-14     three hours, the combined weekly visits last at least six hours,

1-15     and the combined annual visits last at least 60 hours.  The term

1-16     includes a day-care center, preschool, or kindergarten classroom.

1-17                 (2)  "Department" means the Texas Department of Health.

1-18                 (3) [(2)]  "Federal law and rules" means:

1-19                       (A)  Title IV, Toxic Substances Control Act (15

1-20     U.S.C. Section 2681 et seq.), and the rules adopted by the United

1-21     States Environmental Protection Agency under that law for

1-22     authorization of state programs;

1-23                       (B)  any regulations or requirements adopted by

1-24     the United States Department of Housing and Urban Development

 2-1     regarding eligibility for grants to states and local governments;

 2-2     and

 2-3                       (C)  any other requirements adopted by a federal

 2-4     agency with jurisdiction over lead hazards.

 2-5                 (4) [(3)]  "Lead-based paint activity" means

 2-6     inspection, testing, risk assessment, risk reduction, lead

 2-7     abatement project design or planning, [or] abatement or removal, or

 2-8     creation of lead-based paint hazards.

 2-9                 (5) [(4)]  "Person" means an individual, corporation,

2-10     company, contractor, association, firm, partnership, joint stock

2-11     company, foundation, institution, trust, society, union, or any

2-12     other association of individuals.

2-13                 (6) [(5)]  "Target housing" means any housing

2-14     constructed before 1978.  The term does not include:

2-15                       (A)  housing for the elderly or persons with

2-16     disabilities, unless a child who is [younger than] six years of age

2-17     or younger resides or is expected to reside in that housing; or

2-18                       (B)  a dwelling with no bedrooms.

2-19           SECTION 2.  Sections 3(a) and (b), Chapter 332, Acts of the

2-20     74th Legislature, Regular Session, 1995 (Article 9029, Vernon's

2-21     Texas Civil Statutes), are amended to read as follows:

2-22           (a)  The department shall establish a program for

2-23     certification of a person involved in a lead-based paint activity

2-24     in target housing or in a child-occupied facility and for

2-25     accreditation of training  providers in compliance with federal law

2-26     and rules.  The department shall make any changes to the

2-27     certification program that are consistent with this chapter and

 3-1     that are necessary to comply with federal law and rules relating to

 3-2     the program.

 3-3           (b)  Rules adopted under this section must:

 3-4                 (1)  set minimum training requirements by accredited

 3-5     training providers;

 3-6                 (2)  set standards for lead-based paint activities in

 3-7     target housing that cover reliability, effectiveness, and safety;

 3-8                 (3)  set standards for accrediting training providers;

 3-9                 (4)  require the use of certified and accredited

3-10     personnel in any lead-based paint activity in target housing or in

3-11     a child-occupied facility;

3-12                 (5)  be revised as necessary to comply with federal law

3-13     and rules and to maintain eligibility for federal funding;

3-14                 (6)  facilitate reciprocity and communication with

3-15     other states having a certification program; and

3-16                 (7)  provide for decertification, deaccreditation, and

3-17     financial assurance for a person certified or accredited by the

3-18     department.

3-19           SECTION 3.  Section 3, Chapter 332, Acts of the 74th

3-20     Legislature, Regular Session, 1995 (Article 9029, Vernon's Texas

3-21     Civil Statutes), is amended by adding Subsection (e) to read as

3-22     follows:

3-23           (e)  The department by rule may require a person who is

3-24     involved in a lead-based paint activity in target housing or a

3-25     public area that the department finds creates a public health

3-26     hazard to become certified under the program established under this

3-27     Act.  (1)  If the department adopts a rule under this subsection,

 4-1     it must be consistent with federal law or regulation.  The

 4-2     department shall delay implementation of the certification

 4-3     requirement until the day six months after the date the rule is

 4-4     adopted.

 4-5           SECTION 4.  The Texas Department of Health shall adopt

 4-6     initial rules to implement the change in law made by Sections 1 and

 4-7     2 of this Act not later than January 1, 1998.

 4-8           SECTION 5.  (a)  This Act takes effect September 1, 1997.

 4-9           (b)  A person is not required to become certified to perform

4-10     lead-based paint activity in a child-occupied facility before June

4-11     1, 1998.

4-12           SECTION 6.  The importance of this legislation and the

4-13     crowded condition of the calendars in both houses create an

4-14     emergency and an imperative public necessity that the

4-15     constitutional rule requiring bills to be read on three several

4-16     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 729 was passed by the House on April

         18, 1997, by a non-record vote; and that the House concurred in

         Senate amendments to H.B. No. 729 on May 12, 1997, by a non-record



                                                 Chief Clerk of the House

               I certify that H.B. No. 729 was passed by the Senate, with

         amendments, on May 6, 1997, by a viva-voce vote.


                                                 Secretary of the Senate

         APPROVED:  _____________________