By Van de Putte H.B. No. 729
75R1695 MCK-D
A BILL TO BE ENTITLED
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.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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, younger than seven years of age, 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, kindergarten, nursery
1-17 school, play school, child development center, early childhood
1-18 center, learning center, child-care facility, child-care
1-19 institution, children's home, halfway house, residential treatment
1-20 center and camp, foster group home, foster family home, group
1-21 day-care home, registered family home, agency group home, or
1-22 institution serving mentally retarded children.
1-23 (2) "Department" means the Texas Department of Health.
1-24 (3) [(2)] "Federal law and rules" means:
2-1 (A) Title IV, Toxic Substances Control Act (15
2-2 U.S.C. Section 2681 et seq.), and the rules adopted by the United
2-3 States Environmental Protection Agency under that law for
2-4 authorization of state programs;
2-5 (B) any regulations or requirements adopted by
2-6 the United States Department of Housing and Urban Development
2-7 regarding eligibility for grants to states and local governments;
2-8 and
2-9 (C) any other requirements adopted by a federal
2-10 agency with jurisdiction over lead hazards.
2-11 (4) [(3)] "Lead-based paint activity" means
2-12 inspection, testing, risk assessment, risk reduction, lead
2-13 abatement project design or planning, [or] abatement or removal, or
2-14 creation of lead-based paint hazards.
2-15 (5) [(4)] "Person" means an individual, corporation,
2-16 company, contractor, association, firm, partnership, joint stock
2-17 company, foundation, institution, trust, society, union, or any
2-18 other association of individuals.
2-19 (6) [(5)] "Target housing" means any housing
2-20 constructed before 1978. The term does not include:
2-21 (A) housing for the elderly or persons with
2-22 disabilities, unless a child who is younger than seven [six] years
2-23 of age resides or is expected to reside in that housing; or
2-24 (B) a dwelling with no bedrooms.
2-25 SECTION 2. Sections 3(a) and (b), Chapter 332, Acts of the
2-26 74th Legislature, Regular Session, 1995 (Article 9029, Vernon's
2-27 Texas Civil Statutes), are amended to read as follows:
3-1 (a) The department shall establish a program
3-2 for certification of a person involved in a lead-based paint
3-3 activity in target housing or in a child-occupied facility and for
3-4 accreditation of training providers in compliance with federal law
3-5 and rules. The department shall make any changes to the
3-6 certification program that are consistent with this chapter and
3-7 that are necessary to comply with federal law and rules relating to
3-8 the program.
3-9 (b) Rules adopted under this section must:
3-10 (1) set minimum training requirements by accredited
3-11 training providers;
3-12 (2) set standards for lead-based paint activities in
3-13 target housing that cover reliability, effectiveness, and safety;
3-14 (3) set standards for accrediting training providers;
3-15 (4) require the use of certified and accredited
3-16 personnel in any lead-based paint activity in target housing or in
3-17 a child-occupied facility;
3-18 (5) be revised as necessary to comply with federal law
3-19 and rules and to maintain eligibility for federal funding;
3-20 (6) facilitate reciprocity and communication with
3-21 other states having a certification program; and
3-22 (7) provide for decertification, deaccreditation, and
3-23 financial assurance for a person certified or accredited by the
3-24 department.
3-25 SECTION 3. Section 3, Chapter 332, Acts of the 74th
3-26 Legislature, Regular Session, 1995 (Article 9029, Vernon's Texas
3-27 Civil Statutes), is amended by adding Subsection (e) to read as
4-1 follows:
4-2 (e) The department by rule may require a person who is
4-3 involved in a lead-based paint activity that the department finds
4-4 creates a public health hazard to become certified under the
4-5 program established under this Act. If the department adopts a
4-6 rule under this subsection, the department shall delay
4-7 implementation of the certification requirement until the day six
4-8 months after the date the rule is adopted.
4-9 SECTION 4. The Texas Department of Health shall adopt
4-10 initial rules to implement the change in law made by Sections 1 and
4-11 2 of this Act not later than January 1, 1998.
4-12 SECTION 5. (a) This Act takes effect September 1, 1997.
4-13 (b) A person is not required to become certified to perform
4-14 lead-based paint activity in a child-occupied facility before June
4-15 1, 1998.
4-16 SECTION 6. The importance of this legislation and the
4-17 crowded condition of the calendars in both houses create an
4-18 emergency and an imperative public necessity that the
4-19 constitutional rule requiring bills to be read on three several
4-20 days in each house be suspended, and this rule is hereby suspended.