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.