SRC-JEC S.B. 509 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 509
77R4279 YDB-DBy: Moncrief
Intergovernmental Relations
3/5/2001
As Filed


DIGEST AND PURPOSE 

Currently, the Texas Department of Health regulates asbestos abatement in
public and commercial buildings in Texas.  The Texas Asbestos Health
Protection Act and rules require a survey for asbestoscontaining building
materials to be completed and any existing asbestos to be abated before any
demolition or renovation of a public or commercial building.  However, the
compliance rate is low, as contractors claim to be unaware of the
requirement and building permit offices do not always inform the permit
applicant of the requirement.  As proposed, S.B. 509 prohibits a
municipality or county that issues a renovation or demolition permit for a
public or commercial building from doing so unless the applicant provides
acceptable evidence that an asbestos survey of the building has been
completed by a licensed asbestos surveyor. 

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 the Texas Asbestos Health Protection Act (Article
4477-3a, V.T.C.S.), by adding Section 13, as follows: 

Sec. 13.  SURVEY REQUIRED.  Defines "permit."  Prohibits a municipality or
county that requires a person to obtain a permit before renovating or
demolishing a public building from issuing the permit 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 this
Act to perform a survey. 

SECTION 2.  Effective date:  September 1, 2001.

SECTION 3.  Makes application of this Act prospective to January 1, 2002.