1-1 By: Capelo (Senate Sponsor - Shapiro) H.B. No. 2667 1-2 (In the Senate - Received from the House May 5, 1999; 1-3 May 6, 1999, read first time and referred to Committee on Health 1-4 Services; May 14, 1999, reported favorably by the following vote: 1-5 Yeas 5, Nays 0; May 14, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the regulation of industrial hygienists; providing a 1-9 civil penalty. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Chapter 20, Title 132, Revised Statutes, is 1-12 amended by adding Article 9034 to read as follows: 1-13 Art. 9034. INDUSTRIAL HYGIENE TITLE RECOGNITION ACT 1-14 Sec. 1. SHORT TITLE. This article may be cited as the 1-15 Industrial Hygiene Title Recognition Act. 1-16 Sec. 2. PURPOSE. The purpose of this article is to provide 1-17 legal recognition of the certification of industrial hygienists and 1-18 to provide assurance to the public that an individual who 1-19 represents that the individual is involved in industrial hygiene 1-20 has met minimum qualifications that protect the public health and 1-21 safety. 1-22 Sec. 3. DEFINITIONS. In this article: 1-23 (1) "American Board of Industrial Hygiene" is a 1-24 nonprofit corporation established to improve the practice and 1-25 educational standards of the profession of industrial hygiene by 1-26 certifying individuals that meet the educational, experience, and 1-27 examination requirements of that board. 1-28 (2) "Certified industrial hygienist" or "CIH" means a 1-29 person certified by the American Board of Industrial Hygiene as a 1-30 certified industrial hygienist and whose certification has not 1-31 lapsed or been revoked. 1-32 (3) "Industrial hygiene certification organization" 1-33 means a nonprofit corporation established to improve the practice 1-34 and educational standards of the profession of industrial hygiene 1-35 by certifying individuals who meet its education, experience, and 1-36 examination requirements. The organization must maintain criteria 1-37 at least as stringent as those adopted by the American Board of 1-38 Industrial Hygiene. 1-39 (4) "Industrial hygienist in training" or "IHIT" means 1-40 a person certified as an industrial hygienist in training by the 1-41 American Board of Industrial Hygiene and whose certification has 1-42 not lapsed or been revoked. 1-43 Sec. 4. PROTECTION OF TITLES. A person may not use the 1-44 title of, or represent to the public that a person is, a 1-45 "certified industrial hygienist," "CIH," or "industrial hygienist 1-46 in training," "IHIT," unless the person meets the requirements and 1-47 qualifications for that title under the definitions of this 1-48 article. 1-49 Sec. 5. CIVIL PENALTY. A violation of Section 4 of this 1-50 article is punishable by a civil penalty of not more than $1,000 1-51 for each violation. The attorney general may bring an action to 1-52 collect the penalty. A penalty collected under this subsection 1-53 shall be deposited in the general revenue fund. 1-54 SECTION 2. This Act takes effect September 1, 1999. 1-55 SECTION 3. The importance of this legislation and the 1-56 crowded condition of the calendars in both houses create an 1-57 emergency and an imperative public necessity that the 1-58 constitutional rule requiring bills to be read on three several 1-59 days in each house be suspended, and this rule is hereby suspended. 1-60 * * * * *