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.
1-63 * * * * *