By Dukes H.B. No. 2219
75R5581 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to lead poisoning screening and lead inspection and
1-3 abatement requirements for certain facilities; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 88, Health and Safety Code, as added by
1-6 Section 52, Chapter 965, Acts of the 74th Legislature, Regular
1-7 Session, 1995, is amended to read as follows:
1-8 CHAPTER 88. [REPORTS OF] CHILDHOOD LEAD POISONING
1-9 SUBCHAPTER A. GENERAL PROVISIONS
1-10 Sec. 88.001. DEFINITIONS. In this chapter:
1-11 (1) "Blood lead level of concern" means the presence
1-12 of blood lead concentrations suspected to be associated with mental
1-13 and physical disorders due to absorption, ingestion, or inhalation
1-14 of lead as specified in the most recent criteria issued by the
1-15 United States Department of Health and Human Services, United
1-16 States Public Health Service, Centers for Disease Control and
1-17 Prevention of the United States Public Health Service.
1-18 (2) "Child care" includes a school, preschool,
1-19 kindergarten, nursery school, or other similar activity that
1-20 provides care or instruction for young children.
1-21 (3) [(2)] "Child care facility" means a public place
1-22 or a residence in which a person furnishes child care.
1-23 (4) [(3)] "Health authority" means a physician
1-24 appointed as such under Chapter 121.
2-1 (5) [(4)] "Health professional" means an individual
2-2 whose:
2-3 (A) vocation or profession is directly or
2-4 indirectly related to the maintenance of health in another
2-5 individual; and
2-6 (B) duties require a specified amount of formal
2-7 education and may require a special examination, certificate or
2-8 license, or membership in a regional or national association.
2-9 (6) "Imminent lead hazard" means a lead hazard that,
2-10 if allowed to continue, will place a child younger than six years
2-11 of age at risk of developing lead poisoning or a blood lead level
2-12 of concern.
2-13 (7) "Interim control activity" means an action
2-14 designed to temporarily reduce human exposure or likely exposure to
2-15 a lead hazard, including specialized cleaning, repair, maintenance,
2-16 painting, temporary containment, and ongoing monitoring of lead
2-17 hazards and potential lead hazards.
2-18 (8) [(5)] "Lead" includes metallic lead and materials
2-19 containing metallic lead with a potential for release in sufficient
2-20 concentrations to pose a threat to public health.
2-21 (9) "Lead hazard" means a substance, surface, or
2-22 object that contains lead and that, due to its condition, location,
2-23 or nature, may contribute to lead poisoning or a blood lead level
2-24 of concern in a child younger than six years of age.
2-25 (10) "Lead hazard abatement" means an action designed
2-26 to permanently eliminate a lead hazard, including:
2-27 (A) removal of lead-bearing paint and
3-1 lead-contaminated dust or soil;
3-2 (B) permanent containment or encapsulation of
3-3 lead-bearing paint;
3-4 (C) replacement of surfaces or fixtures painted
3-5 with lead-bearing paint;
3-6 (D) covering of lead-contaminated soil; and
3-7 (E) any preparation, cleanup, disposal, and
3-8 testing activity associated with an activity described by
3-9 Paragraphs (A)-(D).
3-10 (11) "Lead hazard reduction" means an action designed
3-11 to reduce human exposure to lead hazards, including lead hazard
3-12 abatement and interim control activities involving lead-bearing
3-13 paint or lead-contaminated dust or soil.
3-14 (12) [(6) "Blood lead levels of concern" means the
3-15 presence of blood lead concentrations suspected to be associated
3-16 with mental and physical disorders due to absorption, ingestion, or
3-17 inhalation of lead as specified in the most recent criteria issued
3-18 by the United States Department of Health and Human Services,
3-19 United States Public Health Service, Centers for Disease Control
3-20 and Prevention of the United States Public Health Service.]
3-21 [(7)] "Lead poisoning" means the presence of a
3-22 confirmed venous blood level established by board rule in the range
3-23 specified for medical evaluation and possible pharmacologic
3-24 treatment in the most recent criteria issued by the United States
3-25 Department of Health and Human Services, United States Public
3-26 Health Service, Centers for Disease Control and Prevention of the
3-27 United States Public Health Service.
4-1 (13) [(8)] "Local health department" means a
4-2 department created under Chapter 121.
4-3 (14) [(9)] "Physician" means a person licensed to
4-4 practice medicine by the Texas State Board of Medical Examiners.
4-5 (15) [(10)] "Public health district" means a district
4-6 created under Chapter 121.
4-7 (16) [(11)] "Regional director" means a physician
4-8 appointed by the board as the chief administrative officer of a
4-9 public health region under Chapter 121.
4-10 Sec. 88.002. STATEWIDE PROGRAM; GRANTS. (a) The department
4-11 shall develop and implement a comprehensive statewide lead
4-12 poisoning or lead exposure prevention and treatment program to
4-13 implement this chapter.
4-14 (b) The department, in accordance with the General
4-15 Appropriations Act, may award grants of money to fund:
4-16 (1) programs to educate the public about the danger of
4-17 lead poisoning or lead exposure;
4-18 (2) screening for lead poisoning and blood lead levels
4-19 of concern;
4-20 (3) coordination of care and follow-up services for
4-21 children younger than six years of age;
4-22 (4) administration or enforcement of responsibilities
4-23 delegated to a health authority under this chapter; or
4-24 (5) another activity related to prevention of lead
4-25 poisoning or lead exposure.
4-26 Sec. 88.003. DELEGATION. (a) The department may delegate
4-27 enforcement or administration of any part of this chapter to a
5-1 health authority.
5-2 (b) The department may not make a delegation under this
5-3 section unless the department provides an appropriate grant of
5-4 money to the health authority.
5-5 Sec. 88.004. TECHNICAL ADVISORY COMMITTEES. (a) The board
5-6 shall appoint one or more technical advisory committees to assist
5-7 the board in adopting rules necessary to implement this chapter.
5-8 (b) A technical advisory committee must include one or more
5-9 representatives of:
5-10 (1) health authorities to which enforcement or
5-11 administration of a part of this chapter is delegated;
5-12 (2) the housing industry;
5-13 (3) persons who are certified under Chapter 332, Acts
5-14 of the 74th Legislature, Regular Session, 1995 (Article 9029,
5-15 Vernon's Texas Civil Statutes);
5-16 (4) physicians or other appropriate representatives of
5-17 health care providers; and
5-18 (5) facilities serving children younger than six years
5-19 of age.
5-20 Sec. 88.005. CONFIDENTIALITY. (a) Except as specifically
5-21 authorized by this chapter, reports, records, and information
5-22 furnished to a health authority, a regional director, or the
5-23 department that relate to cases or suspected cases of children with
5-24 blood lead levels of concern or lead poisoning and written evidence
5-25 provided to a child care facility under Section 88.063 are
5-26 confidential and may be used only for the purposes of this
5-27 chapter.
6-1 (b) Reports, records, and information relating to cases or
6-2 suspected cases of childhood lead poisoning and children with blood
6-3 lead levels of concern and written evidence obtained under Section
6-4 88.063 are not public information under the open records law,
6-5 Chapter 552, Government Code, and may not be released or made
6-6 public on subpoena or otherwise except as provided by this chapter.
6-7 (c) Medical, epidemiologic, or toxicologic information may
6-8 be released:
6-9 (1) for statistical purposes if released in a manner
6-10 that prevents the identification of any person;
6-11 (2) with the consent of each person identified in the
6-12 information;
6-13 (3) to medical personnel, appropriate state agencies,
6-14 health authorities, regional directors, and public officers of
6-15 counties and municipalities as necessary to comply with this
6-16 chapter and related rules;
6-17 (4) to appropriate federal agencies, such as the
6-18 Centers for Disease Control and Prevention of the United States
6-19 Public Health Service, except that the information must be limited
6-20 to the information requested by the agency; or
6-21 (5) to medical personnel to the extent necessary in a
6-22 medical emergency to protect the health or life of the child
6-23 identified in the information.
6-24 (d) The commissioner, a regional director or other
6-25 department employee, a health authority or employee of a public
6-26 health district, a health authority or employee of a county or
6-27 municipal health department, or a public official of a county or
7-1 municipality may not be examined in a civil, criminal, special, or
7-2 other proceeding as to the existence or contents of pertinent
7-3 records of or reports or information about a child identified,
7-4 examined, or treated for lead poisoning or about a child possessing
7-5 blood lead levels of concern by the department, a public health
7-6 district, a local health department, or a health authority without
7-7 the consent of the child's parents, managing conservator, guardian,
7-8 or other person authorized by law to give consent.
7-9 (e) An officer, employee, or other agent of a child care
7-10 facility may not be examined in a civil, criminal, special, or
7-11 other proceeding as to the existence or contents of written
7-12 evidence provided to the facility under Section 88.063 without the
7-13 consent of the child's parents, managing conservator, or guardian.
7-14 (Sections 88.006-88.010 reserved for expansion
7-15 SUBCHAPTER B. REPORTING REQUIREMENTS
7-16 Sec. 88.011 [88.003]. REPORTABLE HEALTH CONDITION.
7-17 (a) Childhood blood lead levels of concern are reportable.
7-18 (b) Subject to Section 88.012, the [The] board by rule may
7-19 designate:
7-20 (1) blood lead concentrations in children that must be
7-21 reported; and
7-22 (2) the ages of children for whom the reporting
7-23 requirements apply.
7-24 Sec. 88.012. CHILDREN YOUNGER THAN SIX YEARS OF AGE. A
7-25 person who screens a child younger than six years of age for lead
7-26 poisoning or lead exposure shall report the results of the
7-27 screening to the department.
8-1 Sec. 88.013. REGISTRY. [(c)] The board may adopt rules
8-2 that establish a registry of children with blood lead levels of
8-3 concern and lead poisoning.
8-4 Sec. 88.014 [88.004]. PERSONS REQUIRED TO REPORT. (a) A
8-5 person required to report under Section 88.011 or 88.012 [childhood
8-6 blood lead levels of concern] shall report to the department in
8-7 the manner specified by board rule.
8-8 (b) A person required to report under Section 88.012 shall
8-9 report within the time period specified by board rule. Except as
8-10 provided by this section, a person required to report under Section
8-11 88.011 [by this section to report] must make the report immediately
8-12 after the person gains knowledge of the case or suspected case of a
8-13 child with a blood lead level of concern.
8-14 (c) [(b)] A physician shall report a case or suspected case
8-15 of childhood lead poisoning or of a child with a blood lead level
8-16 of concern after the physician's first examination of a child for
8-17 whom reporting is required by board rule.
8-18 (d) [(c)] A person in charge of an independent clinical
8-19 laboratory, a hospital or clinic laboratory, or other facility in
8-20 which a laboratory examination of a specimen derived from the human
8-21 body yields evidence of a child with a blood lead level of concern
8-22 shall report the findings to the department as required by board
8-23 rule.
8-24 (e) [(d)] If a report is not made as required by Subsection
8-25 [(b) or] (c) or (d), the following persons shall report a case or
8-26 suspected case of a child with lead poisoning or a blood lead level
8-27 of concern and all information known concerning the child:
9-1 (1) the administrator of a hospital licensed under
9-2 Chapter 241;
9-3 (2) a professional registered nurse;
9-4 (3) an administrator or director of a public or
9-5 private child care facility;
9-6 (4) an administrator of a home health agency;
9-7 (5) an administrator or health official of a public or
9-8 private institution of higher education;
9-9 (6) a superintendent, manager, or health official of a
9-10 public or private camp, home, or institution;
9-11 (7) a parent, managing conservator, or guardian; and
9-12 (8) a health professional.
9-13 Sec. 88.015 [88.005]. REPORTING PROCEDURES. (a) The board
9-14 shall prescribe the form and method of reporting under this
9-15 chapter, including a report in writing, by telephone, or by
9-16 electronic data transmission.
9-17 (b) Board rules may require the reports to contain any
9-18 information relating to a case that is necessary for the purposes
9-19 of this chapter, including:
9-20 (1) the child's name, address, age, sex, and race;
9-21 (2) the child's blood lead concentration;
9-22 (3) the procedure used to determine the child's blood
9-23 lead concentration; and
9-24 (4) the name of the attending physician.
9-25 (c) The commissioner may authorize an alternate routing of
9-26 information in particular cases if the commissioner determines that
9-27 the customary reporting procedure would cause the information to be
10-1 unduly delayed.
10-2 Sec. 88.016 [88.006]. REPORTS OF HOSPITALIZATION; DEATH.
10-3 (a) A physician who attends a child during the child's
10-4 hospitalization shall immediately notify the department if the
10-5 physician knows or suspects that the child has lead poisoning or a
10-6 blood lead level of concern and the physician believes the lead
10-7 poisoning or blood lead level of concern resulted from the child's
10-8 exposure to a dangerous level of lead that may be a threat to the
10-9 public health.
10-10 (b) A physician who attends a child during the child's last
10-11 illness shall immediately notify the department if the physician:
10-12 (1) knows or suspects that the child died of lead
10-13 poisoning; and
10-14 (2) believes the lead poisoning resulted from the
10-15 child's exposure to a dangerous level of lead that may be a threat
10-16 to the public health.
10-17 (c) An attending physician, health authority, or regional
10-18 director, with the consent of the child's survivors, may request an
10-19 autopsy if the physician, health authority, or regional director
10-20 needs further information concerning the cause of death in order to
10-21 protect the public health. The health authority or regional
10-22 director may order the autopsy to determine the cause of death if
10-23 the child's survivors do not consent to the autopsy. The autopsy
10-24 results shall be reported to the department.
10-25 (d) A justice of the peace acting as coroner or a medical
10-26 examiner in the course of an inquest under Chapter 49, Code of
10-27 Criminal Procedure, who finds that a child's cause of death was
11-1 lead poisoning that resulted from exposure to a dangerous level of
11-2 lead that the justice of the peace or medical examiner believes may
11-3 be a threat to the public health shall immediately notify the
11-4 health authority or the regional director in the jurisdiction in
11-5 which the finding is made.
11-6 Sec. 88.017. IMMUNITY. A person who makes a report under
11-7 this subchapter in good faith is not civilly or criminally liable
11-8 for making that report.
11-9 (Sections 88.018-88.030 reserved for expansion
11-10 SUBCHAPTER C. INSPECTIONS
11-11 Sec. 88.031. SCOPE OF SUBCHAPTER. (a) Only the following
11-12 premises are subject to this subchapter:
11-13 (1) a dwelling in which a child younger than six years
11-14 of age resides;
11-15 (2) a child care facility that provides services to
11-16 children younger than six years of age; and
11-17 (3) a facility made subject to this subchapter by
11-18 board rule adopted under Subsection (b).
11-19 (b) The board by rule may identify a class of facility that
11-20 poses a significant risk to contributing to lead poisoning or lead
11-21 exposure of children younger than six years of age.
11-22 (c) The premises subject to this subchapter under Subsection
11-23 (a) include:
11-24 (1) the building in which the dwelling is located or
11-25 in which the facility operates, the attached structures, and the
11-26 real property on which the building is located; and
11-27 (2) any playground located on the real property on
12-1 which the building is located.
12-2 Sec. 88.032. INSPECTION AFTER NOTICE OF LEAD POISONING OR
12-3 BLOOD LEAD LEVEL OF CONCERN. (a) On receiving a report indicating
12-4 that a child who is younger than six years of age has lead
12-5 poisoning or a blood lead level of concern, the department shall
12-6 conduct a lead inspection of:
12-7 (1) the dwelling in which the child resides; and
12-8 (2) any other premises subject to this subchapter with
12-9 respect to which the child has regular contact.
12-10 (b) A lead inspection conducted under this section must be
12-11 conducted during business hours, unless:
12-12 (1) the owner or occupant of the dwelling or other
12-13 premises consents to an inspection at another time; or
12-14 (2) the department determines that the dwelling or
12-15 other premises presents an imminent lead hazard.
12-16 (c) The department may remove a sample or object necessary
12-17 for laboratory analysis to determine the presence of a lead hazard
12-18 in the dwelling or other premises.
12-19 (d) The department shall make reasonable efforts to provide
12-20 prior notice of the lead inspection to the owner of the dwelling or
12-21 premises and to obtain consent for the inspection from the owner or
12-22 occupant or a representative of the owner or occupant. If the
12-23 department is unable to obtain consent to the inspection, the
12-24 department may apply to a court for an order authorizing the
12-25 department to inspect the dwelling or other premises. An order
12-26 issued under this subsection must state the scope of the inspection
12-27 authorized by the order.
13-1 Sec. 88.033. INSPECTION OF CERTAIN LEASED PREMISES.
13-2 (a) The board by rule may require the owner or operator of a
13-3 dwelling or other premises that is leased to another person to be
13-4 inspected for lead hazards if any part of the dwelling or other
13-5 premises was constructed before January 1, 1978.
13-6 (b) In adopting rules under this section, the board may
13-7 specify classes of dwellings or other premises that must be
13-8 inspected based on the age, condition, and location of the
13-9 dwellings or other premises, the age of any occupants of a
13-10 dwelling, and other appropriate factors.
13-11 Sec. 88.034. PERIODIC INSPECTIONS FOR CERTAIN FACILITIES.
13-12 (a) The department may adopt rules requiring any of the following
13-13 facilities to have periodic lead inspections, at intervals
13-14 established by rule, or to otherwise demonstrate that the facility
13-15 does not contain a lead hazard:
13-16 (1) a child care facility; or
13-17 (2) any other facility made subject to this chapter
13-18 under Section 88.031(a)(3).
13-19 (b) The rules may limit the periodic inspections to
13-20 facilities constructed before a specified date.
13-21 Sec. 88.035. INSPECTION REPORT. The department shall
13-22 prepare a written report of any inspection conducted under this
13-23 subchapter and shall make the report available to the public on
13-24 request. This subsection does not authorize the release of
13-25 information that is confidential under Section 88.005.
13-26 Sec. 88.036. INSPECTION PROCEDURES. (a) The department may
13-27 adopt rules establishing procedures for lead inspections of
14-1 dwellings and other premises subject to this subchapter. The rules
14-2 must meet, but may not exceed, any requirements established under
14-3 regulations adopted by the federal Environmental Protection Agency
14-4 under Title IV, Toxic Substances Control Act (15 U.S.C. Section
14-5 2681 et seq.).
14-6 (b) The rules adopted under this section may include:
14-7 (1) procedures for inspecting, testing, or sampling:
14-8 (A) painted, varnished, or otherwise finished
14-9 surfaces;
14-10 (B) drinking water;
14-11 (C) household dust;
14-12 (D) soil; and
14-13 (E) other materials that may contain lead;
14-14 (2) procedures for notifying owners, operators,
14-15 occupants, prospective occupants, and mortgage and lien holders of:
14-16 (A) lead levels identified during an inspection;
14-17 and
14-18 (B) any health risk that is associated with the
14-19 lead level and the condition of the lead found during the
14-20 inspection;
14-21 (3) the form of lead inspection reports, the
14-22 requirements for filing the reports with the department, and the
14-23 procedures by which members of the public may obtain copies of the
14-24 inspection reports; and
14-25 (4) requirements for posting of warnings, as
14-26 appropriate, of the presence of a lead hazard.
14-27 (c) An inspection under this subchapter must be conducted in
15-1 accordance with Chapter 332, Acts of the 74th Legislature, Regular
15-2 Session, 1995 (Article 9029, Vernon's Texas Civil Statutes).
15-3 Sec. 88.037. DEPARTMENT ACTION. If the department
15-4 determines that a lead hazard is present in any dwelling or other
15-5 premises subject to this subchapter, the department may:
15-6 (1) require a notice of the lead hazard to be posted
15-7 in a conspicuous place on the dwelling or other premises;
15-8 (2) inform the regional director or health authority
15-9 of the lead hazard and the results of any inspection that resulted
15-10 in the department's determination that a lead hazard exists and
15-11 recommend procedures to reduce or eliminate the lead hazard;
15-12 (3) notify the occupant or owner of the dwelling or
15-13 other premises, or a representative of the occupant or owner, that
15-14 a lead hazard is present on or in the dwelling or premises and that
15-15 the lead hazard may constitute a health hazard; or
15-16 (4) issue an order requiring lead hazard reduction
15-17 under Section 88.038.
15-18 Sec. 88.038. LEAD HAZARD REDUCTION; DEPARTMENT ORDER.
15-19 (a) The department may issue an order to the owner of a dwelling
15-20 or other premises subject to this subchapter that requires lead
15-21 hazard reduction.
15-22 (b) An order issued under this section may require lead
15-23 hazard reduction for an imminent lead hazard not later than the
15-24 fifth day after the date the order is issued and may require the
15-25 lead hazard reduction for a lead hazard other than an imminent lead
15-26 hazard not later than the 30th day after the date of the order.
15-27 (c) On good cause shown, the department may extend the
16-1 period within which the owner is required to comply with the order.
16-2 Sec. 88.039. FAILURE TO COMPLY WITH DEPARTMENT ORDER; CIVIL
16-3 ACTION. (a) In any civil action brought against the owner of a
16-4 dwelling or other premises subject to this subchapter:
16-5 (1) failure to comply with an order issued by the
16-6 department under Section 88.038 is prima facie evidence of the
16-7 owner's negligence with respect to injuries that result from lead
16-8 poisoning or lead exposure and that result after the date set for
16-9 compliance with the order, including any extension; and
16-10 (2) compliance with the order by the date set for
16-11 compliance with the order, including any extension, establishes a
16-12 rebuttable presumption that the owner exercised reasonable care
16-13 with respect to injuries that:
16-14 (A) result from lead poisoning or lead exposure
16-15 and that result after the date set for compliance with the order,
16-16 including any extension; and
16-17 (B) are caused by lead hazards covered by the
16-18 order.
16-19 (b) If the order of the department requires only an interim
16-20 control activity, the rebuttable presumption established under
16-21 Subsection (a)(2) applies only during the period for which the
16-22 interim control activity is reasonably expected to reduce or abate
16-23 the lead hazard.
16-24 Sec. 88.040. LEAD HAZARD REDUCTION; RULES. (a) The
16-25 department may adopt rules governing lead hazard reduction. The
16-26 rules must meet but may not exceed any requirements applicable
16-27 under federal regulations adopted under Title IV, Toxic Substances
17-1 Control Act (15 U.S.C. Section 2681 et seq.). The rules may:
17-2 (1) define the level of lead that constitutes a lead
17-3 hazard or an imminent lead hazard in various sources or media,
17-4 including lead-bearing paint, soil, dust, water, and air;
17-5 (2) require owners of dwellings or other premises
17-6 subject to inspection under this subchapter to provide lead hazard
17-7 reduction;
17-8 (3) include a priority-based schedule of the classes
17-9 of dwellings and other premises that must complete lead hazard
17-10 reduction, based on the age, condition, and location of the
17-11 dwellings or other premises, the age of any occupants of a
17-12 dwelling, and other appropriate factors;
17-13 (4) specify acceptable lead hazard reduction methods
17-14 for lead in various media;
17-15 (5) require containment and cleanup during lead hazard
17-16 reduction;
17-17 (6) require reinspection of dwellings or other
17-18 premises after lead hazard reduction;
17-19 (7) specify requirements for managing lead hazard
17-20 reduction projects, including requirements to protect the health
17-21 and safety of occupants, neighbors, and the public; and
17-22 (8) require safe disposal of lead-contaminated waste.
17-23 (b) Rules adopted under Subsection (a)(7) may restrict
17-24 occupants of a dwelling to areas of the dwelling that do not
17-25 contain a lead hazard during the lead hazard reduction.
17-26 Sec. 88.041. PRIORITY. In administering this subchapter,
17-27 the department shall give priority to eliminating lead hazards from
18-1 dwellings in which children reside who are younger than six years
18-2 of age and who have been diagnosed with lead poisoning or blood
18-3 lead levels of concern.
18-4 (Sections 88.042-88.060 reserved for expansion
18-5 SUBCHAPTER D. SCREENING; CARE FOR CHILDREN
18-6 Sec. 88.061. SCREENING. (a) The board shall adopt rules
18-7 specifying recommended methods to screen children younger than six
18-8 years of age for lead poisoning and blood lead levels of concern.
18-9 The rules must:
18-10 (1) specify the intervals at which the screening must
18-11 be conducted; and
18-12 (2) meet any federal requirement for screening
18-13 children younger than six years of age.
18-14 (b) The rules must permit a physician or registered nurse
18-15 to perform the screening and may permit other appropriate health
18-16 care professionals to perform the screening.
18-17 (c) The rules may require an appropriate questionnaire
18-18 designed to identify potential sources of lead exposure for a
18-19 child.
18-20 Sec. 88.062. EXEMPTION. A child is not required to be
18-21 screened for lead poisoning or a blood lead level of concern if the
18-22 child's parent, managing conservator, or guardian signs a written
18-23 objection to the screening.
18-24 Sec. 88.063. REQUIREMENTS FOR CHILD CARE FACILITIES. (a) A
18-25 child care facility that provides services to children younger than
18-26 six years of age shall obtain written evidence that each child who
18-27 is younger than six years of age and who receives services from the
19-1 facility:
19-2 (1) has been screened for lead poisoning and blood
19-3 lead levels of concern as required by board rule under Section
19-4 88.061;
19-5 (2) has been screened for lead poisoning and blood
19-6 lead levels of concern in accordance with the law of another state,
19-7 if the department determines that the other state's law is at least
19-8 as stringent as the requirements of this state; or
19-9 (3) is exempt from the screening requirement under
19-10 Section 88.062.
19-11 (b) A child care facility required to obtain written
19-12 evidence under Subsection (a) shall, at the time the facility
19-13 requests the evidence from the parent, managing conservator, or
19-14 guardian of the child, provide written information to the parent,
19-15 managing conservator, or guardian relating to the importance of the
19-16 screening, how and where the screening may be obtained, and the
19-17 conditions under which a child is exempt from the screening
19-18 requirement. The department shall adopt a form to be used in
19-19 providing information under this subsection.
19-20 (c) The department may require that the facility report to
19-21 the department or provide copies of the written evidence to the
19-22 department.
19-23 Sec. 88.064. DEPARTMENT RULES; COORDINATION OF CARE.
19-24 (a) The department may adopt rules establishing standards for
19-25 coordination of and follow-up on care provided to children younger
19-26 than six years of age who are diagnosed with lead poisoning or a
19-27 blood lead level of concern.
20-1 (b) Rules adopted under this section must meet any federal
20-2 requirement for coordination of and follow-up on care for children
20-3 with elevated blood lead levels.
20-4 (c) Rules adopted under this section may specify different
20-5 requirements for coordination of and follow-up on care for children
20-6 with different blood lead levels and may, as appropriate, require:
20-7 (1) a physical, developmental, and nutritional
20-8 assessment of the child;
20-9 (2) parent education;
20-10 (3) a medical evaluation of the child;
20-11 (4) a lead inspection of all or part of the child's
20-12 dwelling or other dwellings or premises subject to inspection under
20-13 Subchapter C that may have contributed to the child's lead
20-14 poisoning or lead exposure;
20-15 (5) assistance to be provided to develop a plan for
20-16 lead hazard reduction or other actions needed to reduce exposure to
20-17 lead and the consequence of the exposure;
20-18 (6) assistance to be provided, as necessary, to the
20-19 family of the child to obtain permanent or temporary housing in
20-20 which a lead hazard does not exist;
20-21 (7) nutritional supplements for the child; and
20-22 (8) follow-up care, including monitoring the provision
20-23 of services to the child.
20-24 (Sections 88.065-88.100 reserved for expansion
20-25 SUBCHAPTER E. ENFORCEMENT
20-26 Sec. 88.101. CRIMINAL PENALTY. A person who knowingly
20-27 violates this chapter, a rule adopted under this chapter, or an
21-1 order issued under this chapter commits an offense. An offense
21-2 under this section is a Class C misdemeanor.
21-3 Sec. 88.102. CIVIL PENALTY. (a) A person who violates this
21-4 chapter, a rule adopted under this chapter, or an order issued
21-5 under this chapter is liable for a civil penalty of not less than
21-6 $100 or more than $1,000 for each act of violation.
21-7 (b) Each day of a continuing violation constitutes a
21-8 separate ground for recovery.
21-9 Sec. 88.103. RENT WITHHOLDING. On application of the
21-10 department or an affected party, a court may order an occupant of a
21-11 leased dwelling or other premises to pay any rental payment owed
21-12 to the owner of the dwelling or other premises to an escrow account
21-13 if the court finds that the owner is violating this chapter, a rule
21-14 adopted under this chapter, or an order issued under this chapter.
21-15 Money paid into escrow under this section may not be paid to the
21-16 owner until the violation is corrected to the satisfaction of the
21-17 court.
21-18 SECTION 2. Section 2(3), Chapter 332, Acts of the 74th
21-19 Legislature, Regular Session, 1995 (Article 9029, Vernon's Texas
21-20 Civil Statutes), is amended to read as follows:
21-21 (3) "Lead-based paint activity" means inspection,
21-22 testing, risk assessment, risk reduction, lead abatement project
21-23 design or planning, or abatement or removal of lead-based paint
21-24 hazards. The term includes lead hazard reduction, as that term is
21-25 defined by Section 88.001, Health and Safety Code.
21-26 SECTION 3. Sections 3(a) and (b), Chapter 332, Acts of the
21-27 74th Legislature, Regular Session, 1995 (Article 9029, Vernon's
22-1 Texas Civil Statutes), are amended to read as follows:
22-2 (a) The department shall establish a program for
22-3 certification of a person involved in a lead-based paint activity
22-4 in target housing or in other dwellings or premises subject to
22-5 Chapter 88, Health and Safety Code, and for accreditation of
22-6 training providers in compliance with federal law and rules.
22-7 (b) Rules adopted under this section must:
22-8 (1) set minimum training requirements by accredited
22-9 training providers;
22-10 (2) set standards for lead-based paint activities in
22-11 target housing or other dwellings or premises subject to Chapter
22-12 88, Health and Safety Code, that cover reliability, effectiveness,
22-13 and safety;
22-14 (3) set standards for accrediting training providers;
22-15 (4) require the use of certified and accredited
22-16 personnel in any lead-based paint activity in target housing or
22-17 other dwellings or premises subject to Chapter 88, Health and
22-18 Safety Code;
22-19 (5) be revised as necessary to comply with federal law
22-20 and rules and to maintain eligibility for federal funding;
22-21 (6) facilitate reciprocity and communication with
22-22 other states having a certification program; and
22-23 (7) provide for decertification, deaccreditation, and
22-24 financial assurance for a person certified or accredited by the
22-25 department.
22-26 SECTION 4. Chapter 332, Acts of the 74th Legislature,
22-27 Regular Session, 1995 (Article 9029, Vernon's Texas Civil
23-1 Statutes), is amended by adding Section 3A to read as follows:
23-2 Sec. 3A. EXEMPTION. (a) A person involved in a lead-based
23-3 paint activity is not required to be certified under this Act if:
23-4 (1) the person's activities are limited to interim
23-5 control activities, as that term is defined by Section 88.001,
23-6 Health and Safety Code, and the activities are not directly funded
23-7 by a federal grant;
23-8 (2) the person's activities do not involve
23-9 lead-bearing paint or lead-contaminated soil or dust; or
23-10 (3) the person is the owner of real property and
23-11 engages in a lead-based paint activity only for the person's own
23-12 real property, and the real property is not available for lease to
23-13 another person.
23-14 (b) Notwithstanding Subsection (a) of this section, a person
23-15 must be certified under this Act if the lead-based paint activity
23-16 is required to comply with an order of the Texas Department of
23-17 Health issued under Chapter 88, Health and Safety Code, and the
23-18 order requires that the activity be conducted by a person certified
23-19 under this Act.
23-20 SECTION 5. Section 42.072(a), Human Resources Code, is
23-21 amended to read as follows:
23-22 (a) The division may deny or revoke the license or
23-23 certification of approval of a facility that does not comply with:
23-24 (1) the requirements of this chapter;
23-25 (2) [,] the standards and rules of the department;
23-26 (3) [, or] the specific terms of the license or
23-27 certification; or
24-1 (4) Chapter 88, Health and Safety Code, a rule adopted
24-2 under that chapter, or an order issued under that chapter.
24-3 SECTION 6. Subchapter E, Chapter 21, Insurance Code, is
24-4 amended by adding Article 21.52J to read as follows:
24-5 Art. 21.52J. LEAD POISONING SCREENING
24-6 Sec. 1. DEFINITION. In this article, "health benefit plan"
24-7 means a health benefit plan to which this article applies under
24-8 Section 2 of this article.
24-9 Sec. 2. SCOPE OF ARTICLE. (a) This article applies only to
24-10 a health benefit plan that:
24-11 (1) provides benefits for medical or surgical expenses
24-12 incurred as a result of a health condition, accident, or sickness,
24-13 including:
24-14 (A) an individual, group, blanket, or franchise
24-15 insurance policy or insurance agreement, a group hospital service
24-16 contract, or an individual or group evidence of coverage that is
24-17 offered by:
24-18 (i) an insurance company;
24-19 (ii) a group hospital service corporation
24-20 operating under Chapter 20 of this code;
24-21 (iii) a fraternal benefit society
24-22 operating under Chapter 10 of this code;
24-23 (iv) a stipulated premium insurance
24-24 company operating under Chapter 22 of this code; or
24-25 (v) a health maintenance organization
24-26 operating under the Texas Health Maintenance Organization Act
24-27 (Chapter 20A, Vernon's Texas Insurance Code);
25-1 (B) to the extent permitted by the Employee
25-2 Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et
25-3 seq.), a health benefit plan that is offered by:
25-4 (i) a multiple employer welfare
25-5 arrangement as defined by Section 3, Employee Retirement Income
25-6 Security Act of 1974 (29 U.S.C. Section 1002) or another analogous
25-7 benefit arrangement; or
25-8 (ii) any other entity not licensed under
25-9 this code or another insurance law of this state that contracts
25-10 directly for health care services on a risk-sharing basis,
25-11 including an entity that contracts for health care services on a
25-12 capitation basis; or
25-13 (C) a self-insured plan offered to cover the
25-14 officers or employees of a county, municipality, school district,
25-15 or other political subdivision of this state; or
25-16 (2) is offered by an approved nonprofit health
25-17 corporation that is certified under Section 5.01(a), Medical
25-18 Practice Act (Article 4495b, Vernon's Texas Civil Statutes), and
25-19 that holds a certificate of authority issued by the commissioner
25-20 under Article 21.52F of this code.
25-21 (b) This article does not apply to:
25-22 (1) a plan that provides coverage:
25-23 (A) only for a specified disease;
25-24 (B) only for accidental death or dismemberment;
25-25 (C) for wages or payments in lieu of wages for a
25-26 period during which an employee is absent from work because of
25-27 sickness or injury; or
26-1 (D) as a supplement to liability insurance;
26-2 (2) a small employer health benefit plan written under
26-3 Chapter 26 of this code;
26-4 (3) a Medicare supplemental policy as defined by
26-5 Section 1882(g)(1), Social Security Act (42 U.S.C. 1395ss);
26-6 (4) workers' compensation insurance coverage;
26-7 (5) medical payment insurance issued as part of a
26-8 motor vehicle insurance policy; or
26-9 (6) a long-term care policy, including a nursing home
26-10 fixed indemnity policy, unless the commissioner determines that the
26-11 policy provides benefit coverage so comprehensive that the policy
26-12 is a health benefit plan as described by Subsection (a) of this
26-13 section.
26-14 Sec. 3. BENEFITS FOR LEAD POISONING SCREENING. (a) A
26-15 health benefit plan must provide benefits for periodic blood lead
26-16 tests for children younger than six years of age who are covered
26-17 under the plan. The Texas Board of Health, after consulting with
26-18 the commissioner of insurance, shall adopt rules governing the
26-19 intervals at which the covered blood lead tests must be provided.
26-20 (b) To be eligible for benefits under this section, the
26-21 blood lead tests must be conducted in accordance with the lead
26-22 screening method required by rules adopted by the Texas Board of
26-23 Health under Chapter 88, Health and Safety Code.
26-24 Sec. 4. COPAYMENT OR DEDUCTIBLE. An issuer of a health
26-25 benefit plan may impose a copayment or deductible applicable to
26-26 benefits required under Section 3 of this article if the copayment
26-27 or deductible is not greater than the copayment or deductible
27-1 applicable to other similar health care services for which benefits
27-2 are provided under the plan.
27-3 SECTION 7. Not later than January 1, 1998, the Texas Board
27-4 of Health shall adopt rules necessary to implement the change in
27-5 law made by this Act to Chapter 88, Health and Safety Code.
27-6 SECTION 8. A person is not required to comply with Chapter
27-7 88, Health and Safety Code, as amended by this Act, before January
27-8 1, 1998.
27-9 SECTION 9. Article 21.52J, Insurance Code, as added by this
27-10 Act, applies only to a health benefit plan that is delivered,
27-11 issued for delivery, or renewed on or after January 1, 1998. A
27-12 health benefit plan that is delivered, issued for delivery, or
27-13 renewed before January 1, 1998, is governed by the law as it
27-14 existed immediately before the effective date of this Act, and that
27-15 law is continued in effect for this purpose.
27-16 SECTION 10. (a) Except as provided by Subsection (b) of
27-17 this section, this Act takes effect September 1, 1997.
27-18 (b) Subchapter E, Chapter 88, Health and Safety Code, as
27-19 added by this Act, takes effect January 1, 1998.
27-20 SECTION 11. The importance of this legislation and the
27-21 crowded condition of the calendars in both houses create an
27-22 emergency and an imperative public necessity that the
27-23 constitutional rule requiring bills to be read on three several
27-24 days in each house be suspended, and this rule is hereby suspended.