By Palmer H.B. No. 2621
76R7545 CMR-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the installation of asbestos in public buildings;
1-3 providing a civil penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 161, Health and Safety Code, is amended
1-6 by adding Subchapter Q to read as follows:
1-7 SUBCHAPTER Q. INSTALLATION OF ASBESTOS
1-8 Sec. 161.401. DEFINITIONS. In this subchapter:
1-9 (1) "Asbestos" means the asbestiform varieties of
1-10 chrysotile, amosite, crocidolite, tremolite, anthophyllite, and
1-11 actinollite and all materials containing one percent or more of any
1-12 of those substances.
1-13 (2) "Contractor" means a person who constructs,
1-14 repairs, or maintains a public building as an independent
1-15 contractor. The term includes a subcontractor.
1-16 (3) "Public building" means a building used or to be
1-17 used for purposes that provide for public access or occupancy. The
1-18 term does not include:
1-19 (A) an industrial facility to which access is
1-20 limited principally to employees of the facility because of
1-21 processes or functions that are hazardous to human safety or
1-22 health;
1-23 (B) a federal building or installation;
1-24 (C) a private residence;
2-1 (D) an apartment building with not more than
2-2 four dwelling units; or
2-3 (E) a manufacturing facility or building that is
2-4 part of a facility that is limited to workers and invited guests
2-5 under controlled conditions.
2-6 Sec. 161.402. ASBESTOS INSTALLATION OR REPLACEMENT
2-7 PROHIBITED. A person may not install or replace asbestos in a
2-8 public building.
2-9 Sec. 161.403. INJUNCTION. (a) The attorney general or the
2-10 appropriate district or county attorney, in the name of the state,
2-11 may institute and conduct an action in a district court of Travis
2-12 County or of a county in which any part of the violation occurs for
2-13 an injunction or other process against a contractor who is
2-14 violating this subchapter.
2-15 (b) The district court may grant any prohibitory or
2-16 mandatory relief warranted by the facts, including a temporary
2-17 restraining order, temporary injunction, or permanent injunction.
2-18 Sec. 161.404. CIVIL PENALTY. (a) A contractor who
2-19 violates this subchapter is subject to a civil penalty not to
2-20 exceed $10,000 a day for each violation. Each day of violation
2-21 contitutes a separate violation for purposes of penalty assessment.
2-22 In determining the amount of the civil penalty, the court shall
2-23 consider:
2-24 (1) the contractor's previous violations;
2-25 (2) the seriousness of the violation, including the
2-26 nature, circumstances, extent, and gravity of the violation;
2-27 (3) whether the health and safety of the public was
3-1 threatened by the violation;
3-2 (4) the demonstrated good faith of the contractor; and
3-3 (5) the amount necessary to deter future violations.
3-4 (b) The attorney general or the appropriate district or
3-5 county attorney, in the name of the state, may institute and
3-6 conduct an action authorized by this section in a district court of
3-7 Travis County or of a county in which any part of the violation
3-8 occurs.
3-9 (c) The party bringing the suit may:
3-10 (1) combine a suit to assess and recover civil
3-11 penalties with a suit for injunctive relief brought under Section
3-12 161.403; or
3-13 (2) file a suit to assess and recover civil penalties
3-14 independently of a suit for injunctive relief.
3-15 (d) The party bringing the suit may recover reasonable
3-16 expenses incurred in obtaining injunctive relief, civil penalties,
3-17 or both, including investigation costs, court costs, reasonable
3-18 attorney's fees, witness fees, and deposition expenses.
3-19 (e) A penalty collected under this section by the attorney
3-20 general shall be deposited in the state treasury to the credit of
3-21 the general revenue fund. A penalty collected under this section
3-22 by a district or county attorney shall be deposited to the credit
3-23 of the general fund of the county in which the suit was heard.
3-24 Sec. 161.405. REMEDIES CUMULATIVE. The civil penalty and
3-25 injunction authorized by this subchapter are in addition to any
3-26 other civil, administrative, or criminal action provided by law.
3-27 SECTION 2. This Act takes effect September 1, 1999, and
4-1 applies only to the installation or replacement of asbestos on or
4-2 after that date. The installation or replacement of asbestos
4-3 before the effective date of this Act is governed by the law in
4-4 effect on the date the asbestos was installed, and the former law
4-5 is continued in effect for that purpose.
4-6 SECTION 3. The importance of this legislation and the
4-7 crowded condition of the calendars in both houses create an
4-8 emergency and an imperative public necessity that the
4-9 constitutional rule requiring bills to be read on three several
4-10 days in each house be suspended, and this rule is hereby suspended.