76R12804 GJH-D By Capelo H.B. No. 2667 Substitute the following for H.B. No. 2667: By Brimer C.S.H.B. No. 2667 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Board of Industrial Hygiene as a 1-24 certified industrial hygienist and whose certification has not 2-1 lapsed or been revoked. 2-2 (3) "Industrial hygiene certification organization" 2-3 means a nonprofit corporation established to improve the practice 2-4 and educational standards of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hygienist in training by the 2-11 American Board of Industrial Hygiene and whose certification has 2-12 not lapsed or been revoked. 2-13 Sec. 4.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.