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.