By Jackson H.B. No. 2467
75R7714 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of persons engaged in asbestos-related
1-3 activities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 2(1) and (11), Texas Asbestos Health
1-6 Protection Act (Article 4477-3a, Vernon's Texas Civil Statutes),
1-7 are amended to read as follows:
1-8 (1) "Asbestos" means:
1-9 (A) the asbestiform varieties of chrysotile,
1-10 amosite, crocidolite, tremolite, anthophyllite, and actinolite; and
1-11 (B) all materials containing more than one
1-12 percent [or more] of any of the [those] substances or minerals
1-13 described by Paragraph (A) of this subdivision.
1-14 (11) "Public and commercial building" means the
1-15 interior space, including exterior hallways connecting buildings,
1-16 porticos, and mechanical systems used to condition interior space,
1-17 of any building that is not a school building. The term:
1-18 (A) includes an industrial and office building,
1-19 residential apartment building, government-owned building, college,
1-20 museum, airport, hospital, church, preschool, store, warehouse,
1-21 factory, and condominium of 10 or more dwelling units; and
1-22 (B) does not include a residential apartment
1-23 building of less than 10 units or detached single-family homes [a
1-24 building used or to be used for purposes that provide for public
2-1 access or occupancy. The term includes the building during a
2-2 period of vacancy, including during preparations prior to actual
2-3 demolition. The term does not include:]
2-4 [(A) an industrial facility to which access is
2-5 limited principally to employees of the facility because of
2-6 processes or functions that are hazardous to human safety or
2-7 health;]
2-8 [(B) a federal building or installation;]
2-9 [(C) a private residence;]
2-10 [(D) an apartment building with no more than
2-11 four dwelling units; or]
2-12 [(E) a manufacturing facility or building that
2-13 is part of a facility that is limited to workers and invited guests
2-14 under controlled conditions].
2-15 SECTION 2. Sections 3(a), (d), and (e), Texas Asbestos
2-16 Health Protection Act (Article 4477-3a, Vernon's Texas Civil
2-17 Statutes), are amended to read as follows:
2-18 (a) Unless a person is licensed by the department, the
2-19 person may not engage in:
2-20 (1) removing asbestos from a public and commercial
2-21 building, encapsulating or enclosing asbestos in a public and
2-22 commercial building, or supervising the removal, encapsulation, or
2-23 enclosure of asbestos from a public and commercial building;
2-24 (2) supervising or performing maintenance, repair,
2-25 installation, renovation, or cleaning that dislodges, breaks, cuts,
2-26 abrades, or impinges on asbestos materials in a public and
2-27 commercial building;
3-1 (3) providing asbestos surveys or inspections for
3-2 public and commercial buildings, including the sampling and
3-3 assessment of exposure;
3-4 (4) providing plans, instructions, and schedules for
3-5 the management of asbestos in public and commercial buildings;
3-6 (5) providing monitoring services for airborne
3-7 asbestos dust, analyzed by transmission electron microscopy, phase
3-8 contrast microscopy, or other analytical methods approved by the
3-9 department;
3-10 (6) providing design and preparation of abatement
3-11 project plans and specifications for asbestos abatement within
3-12 public and commercial buildings or handling asbestos abatement
3-13 contracts on behalf of others;
3-14 (7) providing the analysis of bulk material samples
3-15 for asbestos content or asbestos concentration, or the analysis of
3-16 airborne samples by transmission electron microscopy, phase
3-17 contrast microscopy, polarized light microscopy, scanning electron
3-18 microscopy, or another analytical method approved by the
3-19 department;
3-20 (8) the sponsorship of any initial training course or
3-21 refresher training course that is necessary for asbestos licensure
3-22 or registration; or
3-23 (9) the transportation of asbestos-containing
3-24 materials from any facility for purposes of disposal.
3-25 (d) An individual licensed as an asbestos supervisor under
3-26 this Act shall supervise the removal of asbestos from a public and
3-27 commercial building or the encapsulation or enclosure of that
4-1 asbestos.
4-2 (e) A person engaged in removing asbestos from a public and
4-3 commercial building or encapsulating or enclosing that asbestos
4-4 must notify the department in writing at least 10 days prior to
4-5 beginning the removal, encapsulation, or enclosure project
4-6 according to applicable laws. Oral notification may be substituted
4-7 for written notification if the removal, encapsulation, or
4-8 enclosure is of an emergency nature.
4-9 SECTION 3. Sections 4B(b) and (f), Texas Asbestos Health
4-10 Protection Act (Article 4477-3a, Vernon's Texas Civil Statutes),
4-11 are amended to read as follows:
4-12 (b) An individual supervising the removal of asbestos, the
4-13 encapsulation of asbestos, or the enclosure of asbestos [and who is
4-14 designated as the "competent person," as defined under 29 C.F.R.
4-15 1926.58,] must be licensed as an asbestos abatement supervisor.
4-16 The license fee may not exceed $300.
4-17 (f) A person developing management plans [or an inspection
4-18 or survey report] must be licensed as a management planner. The
4-19 license fee may not exceed $500.
4-20 SECTION 4. Section 4C, Texas Asbestos Health Protection Act
4-21 (Article 4477-3a, Vernon's Texas Civil Statutes), is amended to
4-22 read as follows:
4-23 Sec. 4C. CONFLICT OF INTEREST. A person licensed under this
4-24 Act to perform asbestos inspections or surveys, write management
4-25 plans, or design abatement specifications for an asbestos abatement
4-26 project may not also be engaged in the abatement [removal] of
4-27 asbestos from the affected public and commercial [that] building
5-1 [or facility] unless retained to do so by a municipality.
5-2 SECTION 5. Sections 7(a) and (c), Texas Asbestos Health
5-3 Protection Act (Article 4477-3a, Vernon's Texas Civil Statutes),
5-4 are amended to read as follows:
5-5 (a) A licensee shall:
5-6 (1) keep an appropriate record or records of each
5-7 asbestos-related activity that the licensee performs in a public
5-8 and commercial building; and
5-9 (2) make the record or records available to the
5-10 department at any reasonable time.
5-11 (c) The records required of all licensees participating in
5-12 an asbestos-related activity for a public and commercial building
5-13 must include, where applicable:
5-14 (1) the name and address of each individual who
5-15 supervised the asbestos-related activity;
5-16 (2) the location of and a description of the project
5-17 and the approximate amount of asbestos material that was removed or
5-18 encapsulated;
5-19 (3) the starting and completion dates of each instance
5-20 of asbestos-related activity;
5-21 (4) a summary of the procedures that were used to
5-22 comply with all applicable standards;
5-23 (5) the name and address of each disposal site where
5-24 the waste containing asbestos was deposited; and
5-25 (6) any other information that the department
5-26 requires.
5-27 SECTION 6. Section 12(c), Texas Asbestos Health Protection
6-1 Act (Article 4477-3a, Vernon's Texas Civil Statutes), is amended to
6-2 read as follows:
6-3 (c) The board may adopt rules specifying performance
6-4 standards at least as stringent as applicable federal standards and
6-5 specifying work practices affecting asbestos removal or
6-6 encapsulation in public and commercial buildings.
6-7 SECTION 7. Section 13(b), Texas Asbestos Health Protection
6-8 Act (Article 4477-3a, Vernon's Texas Civil Statutes), is amended
6-9 to read as follows:
6-10 (b) The technical advisory committee is composed of the
6-11 following nine members:
6-12 (1) one consultant licensed under this Act;
6-13 (2) one insurance professional with specialized
6-14 knowledge of environmental insurance;
6-15 (3) one instructor of asbestos abatement techniques;
6-16 (4) one asbestos abatement contractor who is licensed
6-17 under this Act;
6-18 (5) one laboratory manager of either bulk or airborne
6-19 asbestos samples who is licensed under this Act;
6-20 (6) one operator of an asbestos waste facility;
6-21 (7) one labor representative who is registered under
6-22 this Act;
6-23 (8) one licensed physician; and
6-24 (9) one representative of public and commercial
6-25 building management who is licensed under this Act.
6-26 SECTION 8. Section 15(c), Texas Asbestos Health Protection
6-27 Act (Article 4477-3a, Vernon's Texas Civil Statutes), is amended to
7-1 read as follows:
7-2 (c) The owner of a public and commercial building or an
7-3 agent of the owner of a public and commercial building who has
7-4 contracted with or otherwise permitted a person without a license
7-5 or registration issued under this Act to perform in that building
7-6 any activity for which a license or registration is required under
7-7 this Act is subject to the imposition of a civil penalty, and the
7-8 commissioner may request the institution of a suit for collection
7-9 of the civil penalty or for injunctive relief or both, as provided
7-10 by Subsections (a) and (b) of this section.
7-11 SECTION 9. Section 17(a), Texas Asbestos Health Protection
7-12 Act (Article 4477-3a, Vernon's Texas Civil Statutes), is amended to
7-13 read as follows:
7-14 (a) A person who is required to be licensed under this Act
7-15 commits an offense if the person:
7-16 (1) engages in removing asbestos from a public and
7-17 commercial building or encapsulating that asbestos without a
7-18 license issued in accordance with this Act and previously has been
7-19 assessed a civil or administrative penalty for engaging in removing
7-20 asbestos or encapsulating asbestos without a license; or
7-21 (2) fails to keep records as required by Section 7 of
7-22 this Act and previously has been assessed a civil or administrative
7-23 penalty for failing to keep records.
7-24 SECTION 10. This Act takes effect September 1, 1997, and
7-25 applies to a license issued or renewed on or after that date.
7-26 SECTION 11. The importance of this legislation and the
7-27 crowded condition of the calendars in both houses create an
8-1 emergency and an imperative public necessity that the
8-2 constitutional rule requiring bills to be read on three several
8-3 days in each house be suspended, and this rule is hereby suspended.