1-1 By: Van de Putte (Senate Sponsor - Truan) H.B. No. 729
1-2 (In the Senate - Received from the House April 21, 1997;
1-3 April 22, 1997, read first time and referred to Committee on Health
1-4 and Human Services; May 1, 1997, reported favorably by the
1-5 following vote: Yeas 10, Nays 0; May 1, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the facilities covered by and the emergency authority
1-9 of the Texas Department of Health under the lead abatement law.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 2, Chapter 332, Acts of the 74th
1-12 Legislature, Regular Session, 1995 (Article 9029, Vernon's Texas
1-13 Civil Statutes), is amended to read as follows:
1-14 Sec. 2. Definitions. In this Act:
1-15 (1) "Child-occupied facility" means a building, or
1-16 part of a building, constructed before 1978 that is visited
1-17 regularly by the same child, six years of age or younger, on at
1-18 least two different days in any seven-day period beginning on
1-19 Sunday and ending on Saturday, if each day's visit lasts at least
1-20 three hours, the combined weekly visits last at least six hours,
1-21 and the combined annual visits last at least 60 hours. The term
1-22 includes a day-care center, preschool, or kindergarten classroom.
1-23 (2) "Department" means the Texas Department of Health.
1-24 (3) [(2)] "Federal law and rules" means:
1-25 (A) Title IV, Toxic Substances Control Act (15
1-26 U.S.C. Section 2681 et seq.), and the rules adopted by the United
1-27 States Environmental Protection Agency under that law for
1-28 authorization of state programs;
1-29 (B) any regulations or requirements adopted by
1-30 the United States Department of Housing and Urban Development
1-31 regarding eligibility for grants to states and local governments;
1-32 and
1-33 (C) any other requirements adopted by a federal
1-34 agency with jurisdiction over lead hazards.
1-35 (4) [(3)] "Lead-based paint activity" means
1-36 inspection, testing, risk assessment, risk reduction, lead
1-37 abatement project design or planning, [or] abatement or removal, or
1-38 creation of lead-based paint hazards.
1-39 (5) [(4)] "Person" means an individual, corporation,
1-40 company, contractor, association, firm, partnership, joint stock
1-41 company, foundation, institution, trust, society, union, or any
1-42 other association of individuals.
1-43 (6) [(5)] "Target housing" means any housing
1-44 constructed before 1978. The term does not include:
1-45 (A) housing for the elderly or persons with
1-46 disabilities, unless a child who is [younger than] six years of age
1-47 or younger resides or is expected to reside in that housing; or
1-48 (B) a dwelling with no bedrooms.
1-49 SECTION 2. Sections 3(a) and (b), Chapter 332, Acts of the
1-50 74th Legislature, Regular Session, 1995 (Article 9029, Vernon's
1-51 Texas Civil Statutes), are amended to read as follows:
1-52 (a) The department shall establish a program for
1-53 certification of a person involved in a lead-based paint activity
1-54 in target housing or in a child-occupied facility and for
1-55 accreditation of training providers in compliance with federal law
1-56 and rules. The department shall make any changes to the
1-57 certification program that are consistent with this chapter and
1-58 that are necessary to comply with federal law and rules relating to
1-59 the program.
1-60 (b) Rules adopted under this section must:
1-61 (1) set minimum training requirements by accredited
1-62 training providers;
1-63 (2) set standards for lead-based paint activities in
1-64 target housing that cover reliability, effectiveness, and safety;
2-1 (3) set standards for accrediting training providers;
2-2 (4) require the use of certified and accredited
2-3 personnel in any lead-based paint activity in target housing or in
2-4 a child-occupied facility;
2-5 (5) be revised as necessary to comply with federal law
2-6 and rules and to maintain eligibility for federal funding;
2-7 (6) facilitate reciprocity and communication with
2-8 other states having a certification program; and
2-9 (7) provide for decertification, deaccreditation, and
2-10 financial assurance for a person certified or accredited by the
2-11 department.
2-12 SECTION 3. Section 3, Chapter 332, Acts of the 74th
2-13 Legislature, Regular Session, 1995 (Article 9029, Vernon's Texas
2-14 Civil Statutes), is amended by adding Subsection (e) to read as
2-15 follows:
2-16 (e) The department by rule may require a person who is
2-17 involved in a lead-based paint activity in target housing or a
2-18 public area that the department finds creates a public health
2-19 hazard to become certified under the program established under this
2-20 Act. If the department adopts a rule under this subsection, the
2-21 department shall delay implementation of the certification
2-22 requirement until the day six months after the date the rule is
2-23 adopted.
2-24 SECTION 4. The Texas Department of Health shall adopt
2-25 initial rules to implement the change in law made by Sections 1 and
2-26 2 of this Act not later than January 1, 1998.
2-27 SECTION 5. (a) This Act takes effect September 1, 1997.
2-28 (b) A person is not required to become certified to perform
2-29 lead-based paint activity in a child-occupied facility before June
2-30 1, 1998.
2-31 SECTION 6. The importance of this legislation and the
2-32 crowded condition of the calendars in both houses create an
2-33 emergency and an imperative public necessity that the
2-34 constitutional rule requiring bills to be read on three several
2-35 days in each house be suspended, and this rule is hereby suspended.
2-36 * * * * *