HBA-MPM C.S.S.B. 1238 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 1238 By: Nelson Environmental Regulation 4/28/1999 Committee Report (Substituted) 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. C.S.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 voluntary 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 performance standards and quality assurance standards for accreditation of an ETL. 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. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.S.B. 1238 differs from the original in SECTION 1, which amends Title 5E, Health and Safety Code, by adding Chapter 421 (Accreditation of Environmental Testing Laboratories), to change proposed Section 421.001 (Definitions) to modify the definition of "environmental testing laboratory." The substitute modifies proposed Section 421.002, Health and Safety Code, of the original to specify that the environmental testing laboratory (ETL) accreditation program that the Texas Department of Health is required to administer is voluntary. The substitute modifies proposed Section 421.005, Health and Safety Code, of the original by requiring the Texas Board of Health (board) to adopt minimum performance and quality assurance standards, rather than minimum standards for accreditation of an ETL. The substitute also removes the requirement that the board 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. The substitute also requires the board to adopt minimum performance and quality assurance standards, rather than minimum standards for accreditation of an ETL.