H.B. 1723 78(R) BILL ANALYSIS H.B. 1723 By: Geren Public Health Committee Report (Unamended) BACKGROUND AND PURPOSE In the 70th Legislature, the Texas Asbestos Health Protection Act was enacted to regulate persons engaged in the business of removing or encapsulating asbestos in public buildings. The 73rd Legislature transferred enforcement authority for asbestos regulation required by the National Emission Standard for Hazardous Air Pollution from the Texas Natural Resource Conservation Commission to the Texas Department of Health (TDH). Since that time, TDH's efforts to ensure public health have included asbestos abatement. S.B. 509 was enacted by the 77th Legislature and 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. H.B. 1723 addresses an issue that has developed as a result of the legislation passed during the 77th Legislature. Currently, should a building owner choose to complete the construction, renovation or finish-out of a building at different times, the owner could be required to conduct separate asbestos surveys for each individual activity. In practicality, each time a building owner allows a tenant to choose how that tenant's office space is to be completed, a separate survey is required. This practice has proven to be over burdensome for both tenants and building owners. H.B. 1723 seeks to clarify current state law by acknowledging the need for an asbestos survey while allowing for the practical application of that survey over a given time period. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS The bill establishes that an asbestos survey as required by statute is valid for five years after the date the survey was completed. H.B. 1723 allows a renovation, construction, or other activity for which an asbestos survey is required to be done without a new asbestos survey being conducted provided that it takes place within the five year period. The Act applies only to an asbestos survey performed by a person licensed under Chapter 1954, Occupations Code on or after September 1, 2003. EFFECTIVE DATE September 1, 2003.