1-1     By:  Nelson                                           S.B. No. 1238
 1-2           (In the Senate - Filed March 11, 1999; March 11, 1999, read
 1-3     first time and referred to Committee on Health Services;
 1-4     April 6, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 5, Nays 0; April 6, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1238                  By:  Nelson
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to accreditation of environmental testing laboratories.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Subtitle E, Title 5, Health and Safety Code, is
1-13     amended by adding Chapter 421 to read as follows:
1-14      CHAPTER 421.  ACCREDITATION OF ENVIRONMENTAL TESTING LABORATORIES
1-15           Sec. 421.001.  DEFINITIONS.  In this chapter:
1-16                 (1)  "Board" means the Texas Board of Health.
1-17                 (2)  "Department" means the Texas Department of Health.
1-18                 (3)  "Environmental testing laboratory" means a
1-19     scientific laboratory that performs analyses to determine the
1-20     chemical, molecular, or pathogenic components of drinking water,
1-21     wastewater, hazardous wastes, soil, or air for regulatory
1-22     compliance purposes.
1-23           Sec. 421.002.  ADMINISTRATION BY DEPARTMENT.  The department
1-24     shall administer the environmental testing laboratory accreditation
1-25     program established by this chapter.
1-26           Sec. 421.003.  APPLICATION; FEE.  (a)  To be accredited under
1-27     this chapter, an environmental testing laboratory must submit an
1-28     application to the department on a form prescribed by the
1-29     department, accompanied by the accreditation fee.  The application
1-30     must contain the information that the department requires.
1-31           (b)  The board shall establish an accreditation fee in an
1-32     amount sufficient to defray the cost of administering this chapter.
1-33           Sec. 421.004.  ISSUANCE OF ACCREDITATION; RECIPROCITY.
1-34     (a)  The department may accredit an environmental testing
1-35     laboratory that complies with the requirements established under
1-36     this chapter.
1-37           (b)  The board by rule may provide for the accreditation of
1-38     an environmental testing laboratory that is accredited or licensed
1-39     by another state.
1-40           Sec. 421.005.  RULES; MINIMUM STANDARDS.  The board shall
1-41     adopt rules to implement this chapter and minimum standards for
1-42     accreditation of an environmental testing laboratory.  In
1-43     developing the minimum standards, the board shall give great weight
1-44     to the standards developed under the National Environmental
1-45     Laboratory Accreditation Program of the United States Environmental
1-46     Protection Agency and any benefits that would accrue to the state
1-47     through using uniform national standards.
1-48           Sec. 421.006.  DISCIPLINE.  After notice and an opportunity
1-49     for hearing, the department may suspend or revoke the accreditation
1-50     of an environmental testing laboratory that does not comply with
1-51     the minimum standards established under this chapter.
1-52           SECTION 2.  The heading of Subtitle E, Title 5, Health and
1-53     Safety Code, is amended to read as follows:
1-54         SUBTITLE E. TEXAS DEPARTMENT OF HEALTH PROGRAMS [WATER USE
1-55                                 REGULATION]
1-56           SECTION 3.  The importance of this legislation and the
1-57     crowded condition of the calendars in both houses create an
1-58     emergency and an imperative public necessity that the
1-59     constitutional rule requiring bills to be read on three several
1-60     days in each house be suspended, and this rule is hereby suspended,
1-61     and that this Act take effect and be in force from and after its
1-62     passage, and it is so enacted.
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