76R12886 DLF-F                          
         By Nelson                                             S.B. No. 1238
         Substitute the following for S.B. No. 1238:
         By Zbranek                                        C.S.S.B. No. 1238
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to accreditation of environmental testing laboratories.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subtitle E, Title 5, Health and Safety Code, is
 1-5     amended by adding Chapter 421 to read as follows:
 1-6      CHAPTER 421.  ACCREDITATION OF ENVIRONMENTAL TESTING LABORATORIES
 1-7           Sec. 421.001.  DEFINITIONS.  In this chapter:
 1-8                 (1)  "Board" means the Texas Board of Health.
 1-9                 (2)  "Department" means the Texas Department of Health.
1-10                 (3)  "Environmental testing laboratory" means a
1-11     scientific laboratory that:
1-12                       (A)  performs analyses to determine the chemical,
1-13     molecular, or pathogenic components of drinking water, wastewater,
1-14     hazardous wastes, soil, or air for regulatory compliance purposes;
1-15     and
1-16                       (B)  is either a commercial laboratory or an
1-17     environmental laboratory that is required to be accredited under
1-18     federal law.
1-19           Sec. 421.002.  ADMINISTRATION BY DEPARTMENT.  The department
1-20     shall administer the voluntary environmental testing laboratory
1-21     accreditation program established by this chapter.
1-22           Sec. 421.003.  APPLICATION; FEE.  (a)  To be accredited under
1-23     this chapter, an environmental testing laboratory must submit an
1-24     application to the department on a form prescribed by the
 2-1     department, accompanied by the accreditation fee.  The application
 2-2     must contain the information that the department requires.
 2-3           (b)  The board shall establish an accreditation fee in an
 2-4     amount sufficient to defray the cost of administering this chapter.
 2-5           Sec. 421.004.  ISSUANCE OF ACCREDITATION; RECIPROCITY.  (a)
 2-6     The department may accredit an environmental testing laboratory
 2-7     that complies with the requirements established under this chapter.
 2-8           (b)  The board by rule may provide for the accreditation of
 2-9     an environmental testing laboratory that is accredited or licensed
2-10     by another state.
2-11           Sec. 421.005.  RULES; MINIMUM STANDARDS.  The board shall
2-12     adopt rules to implement this chapter and minimum performance and
2-13     quality assurance standards for accreditation of an environmental
2-14     testing laboratory.
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 performance and quality assurance standards established
2-19     under this chapter.
2-20           SECTION 2.  The heading of Subtitle E, Title 5, Health and
2-21     Safety Code, is amended to read as follows:
2-22         SUBTITLE E. TEXAS DEPARTMENT OF HEALTH PROGRAMS [WATER USE
2-23                                 REGULATION]
2-24           SECTION 3.  The importance of this legislation and the
2-25     crowded condition of the calendars in both houses create an
2-26     emergency and an imperative public necessity that the
2-27     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.