SRC-JXG C.S.S.B. 1238 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1238
76R10897 DLF-DBy: Nelson
Health Services
3/31/1999
Committee Report (Substituted)


DIGEST 

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 would authorize TDH to develop and
implement a voluntary accreditation program for environmental testing
laboratories consistent with national standards. 

PURPOSE

As proposed, C.S.S.B. 1238 authorizes the development and implementation of
a voluntary accreditation program for environmental laboratories. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Board of Health in SECTION 1
(Sections 421.004(b) and 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."  

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. Requires ETL to submit an application to
TDH on a form prescribed by TDH, accompanied by the accreditation fee, to
be accredited under this chapter. Requires the application to 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 the requirement 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. Authorizes 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
the minimum 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 heading: TEXAS DEPARTMENT OF HEALTH PROGRAMS

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



SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 421.005, Health and Safety Code, to add text requiring 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 the minimum
standards.