HBA-CMT H.B. 1278 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1278
By: Coleman
Public Health
3/1/2001
Introduced



BACKGROUND AND PURPOSE 

In the 70th Legislature,  the Texas Asbestos Health Protection Act was
enacted to regulate persons engaged in the business of removing or
encapsulating asbestos in public buildings.  The 73rd Legislature
transferred enforcement authority for asbestos regulation required by the
National Emission Standard for Hazardous Air Pollution from the Texas
Natural Resource Conservation Commission to the Texas Department of Health
(TDH).  Since that time, TDH's efforts to ensure public health have
included asbestos abatement.  Currently, many building owners and
contractors are not aware that an asbestos survey must be conducted prior
to renovating or demolishing a public building.  House Bill 1278 requires
building owners and contractors to provide evidence that an asbestos survey
has been completed in order to receive a permit to renovate or demolish a
public building.     

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1278 amends the Texas Asbestos Health Protection Act to prohibit
a municipality or county from issuing a permit to a person for renovating
or demolishing a public building unless the applicant provides evidence
acceptable to the municipality or county that an asbestos survey of the
building has been completed by a person licensed under the Texas Asbestos
Health Protection  Act to perform the survey. 

EFFECTIVE DATE

September 1, 2001.