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.