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

Senate Research CenterC.S.S.B. 509
77R9686 YDB-DBy: Moncrief
Intergovernmental Relations
3/13/2001
Committee Report (Substituted)

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.  C.S.S.B. 509 prohibits a municipality 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 affected parts of the building has been
completed by a licensed asbestos surveyor or an engineer or architect has
certified the lack of asbestos in the affected parts of the building. 

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
that requires a person to obtain a permit before renovating or demolishing
a public or commercial building from issuing the permit unless the
applicant provides evidence acceptable to the municipality that an asbestos
survey of all parts of the building affected by the planned renovation has
been completed by a person licensed under this Act to perform a survey, or
a certification from a licensed engineer or architect, stating that:  the
material safety data sheets for the material used in the original
construction, the subsequent renovations or alterations of all parts of the
building affected by the planned renovation or demolition, and any asbestos
surveys of the building previously conducted in accordance with this Act
have been reviewed and in the engineer's or architect's professional
opinion, all affected parts of the biulding do not contain asbestos. 

SECTION 2.  Effective date:  September 1, 2001.

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

SUMMARY OF COMMITTEE CHANGES

Differs from the original by:

_making the Act applicable to municipalities rather than municipalities and
counties; 

_making the Act applicable to a commercial building as well as a public
building;  

_making the requirements applicable to all parts of the building affected
by the planned  renovation or demolition of a building, rather than the
building as a whole; and 

_offering the alternative of a certification from an engineer or architect.