By:  Nelson                                           S.B. No. 1238
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to accreditation of environmental testing laboratories.
 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-3           SECTION 1.  Subtitle E, Title 5, Health and Safety Code, is
 1-4     amended by adding Chapter 421 to read as follows:
 1-5      CHAPTER 421.  ACCREDITATION OF ENVIRONMENTAL TESTING LABORATORIES
 1-6           Sec. 421.001.  DEFINITIONS.  In this chapter:
 1-7                 (1)  "Board" means the Texas Board of Health.
 1-8                 (2)  "Department" means the Texas Department of Health.
 1-9                 (3)  "Environmental testing laboratory" means a
1-10     scientific laboratory that performs analyses to determine the
1-11     chemical, molecular, or pathogenic components of drinking water,
1-12     wastewater, hazardous wastes, soil, or air for regulatory
1-13     compliance purposes.
1-14           Sec. 421.002.  ADMINISTRATION BY DEPARTMENT.  The department
1-15     shall administer the environmental testing laboratory accreditation
1-16     program established by this chapter.
1-17           Sec. 421.003.  APPLICATION; FEE.  (a)  To be accredited under
1-18     this chapter, an environmental testing laboratory must submit an
1-19     application to the department on a form prescribed by the
1-20     department, accompanied by the accreditation fee.  The application
1-21     must contain the information that the department requires.
1-22           (b)  The board shall establish an accreditation fee in an
1-23     amount sufficient to defray the cost of administering this chapter.
1-24           Sec. 421.004.  ISSUANCE OF ACCREDITATION; RECIPROCITY.
 2-1     (a)  The department may accredit an environmental testing
 2-2     laboratory that complies with the requirements established under
 2-3     this chapter.
 2-4           (b)  The board by rule may provide for the accreditation of
 2-5     an environmental testing laboratory that is accredited or licensed
 2-6     by another state.
 2-7           Sec. 421.005.  RULES; MINIMUM STANDARDS.  The board shall
 2-8     adopt rules to implement this chapter and minimum standards for
 2-9     accreditation of an environmental testing laboratory.  In
2-10     developing the minimum standards, the board shall give great weight
2-11     to the standards developed under the National Environmental
2-12     Laboratory Accreditation Program of the United States Environmental
2-13     Protection Agency and any benefits that would accrue to the state
2-14     through using uniform national standards.
2-15           Sec. 421.006.  DISCIPLINE.  After notice and an opportunity
2-16     for hearing, the department may suspend or revoke the accreditation
2-17     of an environmental testing laboratory that does not comply with
2-18     the minimum standards established under this chapter.
2-19           SECTION 2.  The heading of Subtitle E, Title 5, Health and
2-20     Safety Code, is amended to read as follows:
2-21         SUBTITLE E.  TEXAS DEPARTMENT OF HEALTH PROGRAMS [WATER USE
2-22                                 REGULATION]
2-23           SECTION 3.  The importance of this legislation and the
2-24     crowded condition of the calendars in both houses create an
2-25     emergency and an imperative public necessity that the
2-26     constitutional rule requiring bills to be read on three several
 3-1     days in each house be suspended, and this rule is hereby suspended,
 3-2     and that this Act take effect and be in force from and after its
 3-3     passage, and it is so enacted.