By Capelo                                             H.B. No. 2667
         76R12804 GJH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of industrial hygienists; providing a
 1-3     civil penalty.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 20, Title 132, Revised Statutes, is
 1-6     amended by adding Article 9034 to read as follows:
 1-7           Art. 9034.  INDUSTRIAL HYGIENE TITLE RECOGNITION ACT
 1-8           Sec. 1.  SHORT TITLE.  This article may be cited as the
 1-9     Industrial Hygiene Title Recognition Act.
1-10           Sec. 2.  PURPOSE.  The purpose of this article is to provide
1-11     legal recognition of the certification of industrial hygienists and
1-12     to provide assurance to the public that an individual  who
1-13     represents that the individual is involved in industrial hygiene
1-14     has met minimum qualifications that protect the public health and
1-15     safety.
1-16           Sec. 3.  DEFINITIONS.  In this article:
1-17                 (1)  "American Board of Industrial Hygiene" is a
1-18     nonprofit corporation established to improve the practice and
1-19     educational standards of the profession of industrial hygiene by
1-20     certifying individuals that meet the educational, experience, and
1-21     examination requirements of that board.
1-22                 (2)  "Certified industrial hygienist" or "CIH" means a
1-23     person certified by the American Board of Industrial Hygiene as a
1-24     certified industrial hygienist and whose certification has not
 2-1     lapsed or been revoked.
 2-2                 (3)  "Industrial hygiene certification organization"
 2-3     means a nonprofit corporation established to improve the practice
 2-4     and educational standards of the profession of industrial hygiene
 2-5     by certifying individuals who meet its education, experience, and
 2-6     examination requirements.  The organization must maintain criteria
 2-7     at least as stringent as those adopted by the American Board of
 2-8     Industrial Hygiene.
 2-9                 (4)  "Industrial hygienist in training" or "IHIT" means
2-10     a person certified as an industrial hygienist in training by the
2-11     American Board of Industrial Hygiene and whose certification has
2-12     not lapsed or been revoked.
2-13           Sec. 4.  PROTECTION OF TITLES.  A person may not use the
2-14     title of, or represent to the public that a person is, a
2-15     "certified industrial hygienist," "CIH," or "industrial hygienist
2-16     in training," "IHIT," unless the person meets the requirements and
2-17     qualifications for that title under the definitions of this
2-18     article.
2-19           Sec. 5.  CIVIL PENALTY.  A violation of Section 4 of this
2-20     article is punishable by a civil penalty of not more than $1,000
2-21     for each violation.  The attorney general may bring an action to
2-22     collect the penalty.  A penalty collected under this subsection
2-23     shall be deposited in the general revenue fund.
2-24           SECTION 2.  This Act takes effect September 1, 1999.
2-25           SECTION 3.  The importance of this legislation and the
2-26     crowded condition of the calendars in both houses create an
2-27     emergency and an imperative public necessity that the
 3-1     constitutional rule requiring bills to be read on three several
 3-2     days in each house be suspended, and this rule is hereby suspended.