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.