HBA-MPM S.B. 1238 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1238
By: Nelson
Environmental Regulation
4/26/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, the Texas Department of Health (TDH) has regulatory authority
for the Safe Drinking Water Act, a laboratory assessment program.  Other
states have comprehensive environmental assessment programs that require
formal state accreditation for all laboratories.  The lack of uniform
standards puts laboratories in Texas at a competitive disadvantage for
federal fund contracts. S.B. 1238 authorizes TDH to develop and implement a
voluntary accreditation program for environmental testing laboratories
consistent with national standards. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Board of Health in SECTION 1
(Section 421.004 and Section 421.005, Health and Safety Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 5E, Health and Safety Code, by adding Chapter 421,
as follows:  

CHAPTER 421. ACCREDITATION OF ENVIRONMENTAL 
TESTING LABORATORIES

Sec. 421.001. DEFINITIONS. Defines "board," "department," and
"environmental testing laboratory" for purposes of this chapter. 

Sec. 421.002.  ADMINISTRATION BY DEPARTMENT.  Requires the Texas Department
of Health (TDH) to administer the environmental testing laboratory
(ETL)accreditation program established by this chapter.  

Sec. 421.003.  APPLICATION; FEE.  Provides that ETL must submit an
application to TDH on a TDH-prescribed form, accompanied by an
accreditation fee, in order to be accredited under this chapter.  Provides
that the application must contain the information that TDH requires.
Requires the Texas Board of Health (board)to establish an accreditation fee
in an amount sufficient to defray the cost of administering this chapter.  

Sec. 421.004.  ISSUANCE OF ACCREDITATION; RECIPROCITY.  Authorizes TDH to
accredit an ETL that complies with requirements established under this
chapter.  Authorizes the board, by rule, to provide for the accreditation
of an ETL that is accredited or licensed by another state.  

Sec. 421.005.  RULES; MINIMUM STANDARDS.  Requires the board to adopt rules
to implement this chapter and minimum standards for accreditation of an
ETL.  Requires the board to give great weight to the standards developed
under the National Environmental Laboratory Accreditation Program of the
United States Environmental Protection Agency and any benefits that would
accrue to the state through using uniform national standards, in developing
these standards.  

Sec. 421.006.   DISCIPLINE.   Authorizes TDH to suspend or revoke the
accreditation of  an ETL that does not comply with the minimum standards
established under this chapter, after notice and an opportunity for
hearing.  

SECTION 2.  Amends Title 5E, Health and Safety Code, as follows: 

SUBTITLE E. New title: TEXAS DEPARTMENT OF HEALTH PROGRAMS 

SECTION 3.Emergency clause.
  Effective date: upon passage.