Floor Packet Page No. 317
      Amend CSSB 4 between ARTICLES 2 and 3 of the bill (House
committee report, page 52, between lines 15 and 16), by adding the
following appropriately numbered ARTICLE to the bill and
renumbering subsequent ARTICLES and SECTIONS of the bill
accordingly:
     ARTICLE ___.  INSTALLATION OF ASBESTOS IN PUBLIC SCHOOLS
      SECTION ___.  Chapter 161, Health and Safety Code, is amended
by adding Subchapter Q to read as follows:
     SUBCHAPTER Q.  INSTALLATION OF ASBESTOS IN PUBLIC SCHOOLS
      Sec. 161.401.  DEFINITIONS.  In this subchapter:
            (1)  "Asbestos" means the asbestiform varieties of
chrysotile, amosite, crocidolite, tremolite, anthophyllite, and
actinolite and all asbestos-containing building materials
containing more than one percent of any of those substances.
            (2)  "Contractor" means a person who constructs,
repairs, or maintains a public school building as an independent
contractor.  The term includes a subcontractor.
      Sec. 161.402.  ASBESTOS INSTALLATION OR REINSTALLATION IN
PUBLIC SCHOOLS PROHIBITED.  A person may not install
asbestos-containing building materials or reinstall
asbestos-containing building materials in a public school building.
      Sec. 161.403.  INJUNCTION.  (a)  The attorney general or the
appropriate district or county attorney, in the name of the state,
may institute and conduct an action in a district court of Travis
County or of a county in which any part of the violation occurs for
an injunction or other process against a contractor who is
violating this subchapter.
      (b)  The district court may grant any prohibitory or
mandatory relief warranted by the facts, including a temporary
restraining order, temporary injunction, or permanent injunction.
      Sec. 161.404.  CIVIL PENALTY.  (a)  A contractor  who
violates this subchapter is subject to a civil penalty not to
exceed $10,000 a day for each violation.  Each day of violation
constitutes a separate violation for purposes of penalty
assessment.  In determining the amount of the civil penalty, the
court shall consider:
            (1)  the contractor's previous violations;
            (2)  the seriousness of the violation, including the
nature, circumstances, extent, and gravity of the violation;
            (3)  whether the health and safety of the public was
threatened by the violation;
            (4)  the demonstrated good faith of the contractor; and
            (5)  the amount necessary to deter future violations.
      (b)  The attorney general or the appropriate district or
county attorney, in the name of the state, may institute and
conduct an action authorized by this section in a district court of
Travis County or of a county in which any part of the violation
occurs.
      (c)  The party bringing the suit may:
            (1)  combine a suit to assess and recover civil
penalties with a suit for injunctive relief brought under Section
161.403; or
            (2)  file a suit to assess and recover civil penalties
independently of a suit for injunctive relief.
      (d)  The party bringing the suit may recover reasonable
expenses incurred in obtaining injunctive relief, civil penalties,
or both, including investigation costs, court costs, reasonable
attorney's fees, witness fees, and deposition expenses.
      (e)  A penalty collected under this section by the attorney
general shall be deposited in the state treasury to the credit of
the general revenue fund.  A penalty collected under this section
by a district or county attorney shall be deposited to the credit
of the general fund of the county in which the suit was heard.
      Sec. 161.405.  ADMINISTRATIVE PENALTY.  (a)  The board may
impose an administrative penalty on a contractor who violates this
subchapter.
      (b)  The amount of the penalty may not exceed $10,000, and
each day a violation continues or occurs is a separate violation
for the purpose of imposing a penalty.  The amount shall be based
on:
            (1)  the seriousness of the violation, including the
nature, circumstances, extent, and gravity of the violation;
            (2)  the history of previous violations;
            (3)  the amount necessary to deter a future violation;
            (4)  efforts to correct the violation; and
            (5)  any other matter that justice may require.
      (c)  The enforcement of the penalty may be stayed during the
time the order is under judicial review if the contractor pays the
penalty to the clerk of the court or files a supersedeas bond with
the court in the amount of the penalty.  A contractor who cannot
afford to pay the penalty or file the bond may stay the enforcement
by filing an affidavit in the manner required by the Texas Rules of
Civil Procedure for a party who cannot afford to file security for
costs, subject to the right of the board to contest the affidavit
as provided by those rules.
      (d)  The attorney general may sue to collect the penalty.
      (e)  A proceeding to impose the penalty is considered to be a
contested case under Chapter 2001, Government Code.
      Sec. 161.406.  REMEDIES CUMULATIVE.  The civil penalty,
administrative penalty, and injunction authorized by this
subchapter are in addition to any other civil, administrative, or
criminal action provided by law.
      SECTION ___.  The change in law made by Subchapter Q, Chapter
161, Health and Safety Code, as added by this Act, applies only to
the installation or reinstallation of asbestos on or after the
effective date of this article.  The installation or reinstallation
of asbestos before the effective date of this article is governed
by the law in effect on the date the asbestos was installed, and
the former law is continued in effect for that purpose.