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.