SRC-TBR H.B. 1279 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1279
By: Coleman (Barrientos)
Business & Commerce
5/9/2001
Engrossed


DIGEST AND PURPOSE 

The 72nd Legislature enacted legislation relating to the regulation of
asbestos removal from public buildings through the Texas Asbestos Health
Protection Act.  The Act exempted persons performing resilient
floorcovering removal consistent with work practices published by the
resilient floor covering industry or approved by the commissioner of health
from the licensing and registration requirements. Violators of this
provision were subject to a civil penalty not to exceed $5,000, whereas
violators of the other provisions of the Act were subject to a penalty not
to exceed $10,000 a day for each violation. H.B. 1279 repeals the
limitation on civil penalties for violating the exemption provision and
provides for a minimum of 8 hours of training that a person who removes
resilient floor covering material must have completed, rather than a
maximum of 8 hours. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 15A(a), Texas Asbestos Health Protection Act
(Article 4477-3a, V.T.C.S.), to provide that the licensing and registration
requirements of the Act do not apply to activities involving resilient
floor-covering material provided any removal of such material is performed
consistent with work practices published by the resilient floor covering
industry or by other methods determined by the commissioner to provide
public health, rather than comparable, protection from asbestos exposure.
Requires that any person who removes resilient floor covering material to
have completed a training course covering such work practices for a minimum
of eight hours. 

SECTION 2.  Repealer: Section 15A(c), Texas Asbestos Health Protection Act
(Article 4477-3a, V.T.C.S.). 

SECTION 3.  Effective date: September 1, 2001.