By Armbrister S.B. No. 1357
77R7476 JMM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of the removal of resilient
1-3 floor-covering material.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2, Texas Asbestos Health Protection Act
1-6 (Article 4477-3a, Vernon's Texas Civil Statutes), is amended by
1-7 adding Subdivisions (14) and (15) to read as follows:
1-8 (14) "School" means a public or private, nonprofit,
1-9 elementary or secondary school as those terms are defined by the
1-10 Elementary and Secondary Education Act of 1965 (20 U.S.C. Section
1-11 8801), as amended.
1-12 (15) "Federal OSHA" means the United States
1-13 Occupational Safety and Health Administration.
1-14 SECTION 2. Section 15A, Texas Asbestos Health Protection Act
1-15 (Article 4477-3a, Vernon's Texas Civil Statutes), is amended by
1-16 amending Subsection (a) and adding Subsection (d) to read as
1-17 follows:
1-18 (a) The licensing and registration requirements of the Act
1-19 do not apply to activities involving resilient floor-covering
1-20 material provided any removal of such material is performed
1-21 consistent with federal OSHA asbestos standards applicable to a
1-22 removal subject to a negative exposure assessment, including
1-23 federal OSHA Instruction CPL 2-2.63 [work practices published by
1-24 the resilient floor covering industry or by other methods
2-1 determined by the Commissioner to provide comparable protection
2-2 from asbestos exposure]. Any person who removes resilient floor
2-3 covering material must have completed an eight-hour [a] training
2-4 course in the removal of flooring materials as required by federal
2-5 OSHA Instruction CPL 2-2.63. A person who supervises the removal
2-6 of resilient floor-covering material must have completed a 12-hour
2-7 training course in the removal of flooring materials as required by
2-8 federal OSHA Instruction CPL 2-2.63 [covering such work practices
2-9 for a period not to exceed eight hours].
2-10 (d) The department may not collect notification fees from a
2-11 school for an activity involving the removal of resilient
2-12 floor-covering material under this section.
2-13 SECTION 3. This Act takes effect September 1, 2001.