1-1     By:  Moncrief, Madla                                   S.B. No. 509
 1-2           (In the Senate - Filed February 1, 2001; February 5, 2001,
 1-3     read first time and referred to Committee on Intergovernmental
 1-4     Relations; March 14, 2001, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 6, Nays 1;
 1-6     March 14, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 509                  By:  Lindsay
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to an asbestos survey before issuance of a building permit
1-11     to renovate or demolish certain buildings.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  The Texas Asbestos Health Protection Act (Article
1-14     4477-3a, Vernon's Texas Civil Statutes) is amended by adding
1-15     Section 13 to read as follows:
1-16           Sec. 13.   SURVEY REQUIRED.  (a)  In this section, "permit"
1-17     means a license, certificate, approval, registration, consent,
1-18     permit, or other form of authorization that a person is required by
1-19     law, rule, regulation, order, or ordinance to obtain to perform an
1-20     action, or to initiate, continue, or complete a project, for which
1-21     the authorization is sought.
1-22           (b)  A municipality that requires a person to obtain a permit
1-23     before renovating or demolishing a public or commercial building
1-24     may not issue the permit unless the applicant provides:
1-25                 (1)  evidence acceptable to the municipality that an
1-26     asbestos survey, as required by this Act, of all parts of the
1-27     building affected by the planned renovation or demolition has been
1-28     completed by a person licensed under this Act to perform a survey;
1-29     or
1-30                 (2)  a certification from a licensed engineer or
1-31     architect, stating that:
1-32                       (A)  the engineer or architect has reviewed the
1-33     material safety data sheets for the materials used in the original
1-34     construction, the subsequent renovations or alterations of all
1-35     parts of the building affected by the planned renovation or
1-36     demolition, and any asbestos surveys of the building previously
1-37     conducted in accordance with this Act; and
1-38                       (B)  in the engineer's or architect's
1-39     professional opinion, all parts of the building affected by the
1-40     planned renovation or demolition do not contain asbestos.
1-41           SECTION 2.  This Act takes effect September 1, 2001.
1-42           SECTION 3.  This Act applies only to a permit for renovation
1-43     or demolition of a public or commercial building issued on or after
1-44     January 1, 2002.  A permit for renovation or demolition of a public
1-45     or commercial building issued before January 1, 2002, is governed
1-46     by the law as it existed immediately before the effective date of
1-47     this Act, and that law is continued in effect for that purpose.
1-48                                  * * * * *