77R9686 YDB-D
By Coleman, Naishtat, Kitchen H.B. No. 1278
Substitute the following for H.B. No. 1278:
By Capelo C.S.H.B. No. 1278
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to an asbestos survey before issuance of a building permit
1-3 to renovate or demolish certain buildings.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The Texas Asbestos Health Protection Act (Article
1-6 4477-3a, Vernon's Texas Civil Statutes) is amended by adding
1-7 Section 13 to read as follows:
1-8 Sec. 13. SURVEY REQUIRED. (a) In this section, "permit"
1-9 means a license, certificate, approval, registration, consent,
1-10 permit, or other form of authorization that a person is required by
1-11 law, rule, regulation, order, or ordinance to obtain to perform an
1-12 action, or to initiate, continue, or complete a project, for which
1-13 the authorization is sought.
1-14 (b) A municipality that requires a person to obtain a permit
1-15 before renovating or demolishing a public or commercial building
1-16 may not issue the permit unless the applicant provides:
1-17 (1) evidence acceptable to the municipality that an
1-18 asbestos survey, as required by this Act, of all parts of the
1-19 building affected by the planned renovation or demolition has been
1-20 completed by a person licensed under this Act to perform a survey;
1-21 or
1-22 (2) a certification from a licensed engineer or
1-23 architect, stating that:
1-24 (A) the engineer or architect has reviewed the
2-1 material safety data sheets for the materials used in the original
2-2 construction, the subsequent renovations or alterations of all
2-3 parts of the building affected by the planned renovation or
2-4 demolition, and any asbestos surveys of the building previously
2-5 conducted in accordance with this Act; and
2-6 (B) in the engineer's or architect's
2-7 professional opinion, all parts of the building affected by the
2-8 planned renovation or demolition do not contain asbestos.
2-9 SECTION 2. This Act takes effect September 1, 2001.
2-10 SECTION 3. This Act applies only to a permit for renovation
2-11 or demolition of a public or commercial building issued on or after
2-12 January 1, 2002. A permit for renovation or demolition of a public
2-13 or commercial building issued before January 1, 2002, is governed
2-14 by the law as it existed immediately before the effective date of
2-15 this Act, and that law is continued in effect for that purpose.