SRC-VRA C.S.H.B. 1723 78(R)BILL ANALYSIS Senate Research CenterC.S.H.B. 1723 By: Geren (Averitt) Health & Human Services 5/19/2003 Committee Report (Substituted) DIGEST 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. C.S.H.B. 1723 addresses an issue that has developed since passage of S.B. 509. 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 activity. C.S.H.B. 1723 clarifies requirements related to asbestos surveys. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter F, Chapter 1954, Occupations Code, by adding Section 1954.260, as follows: Sec. 1954.260. DURATION OF ASBESTOS SURVEY. Provides that an asbestos survey performed for a public building as required by this chapter and any other law is valid if the survey was performed in compliance with the laws in effect at the time the survey was completed and the survey identifies any asbestos-containing building material, the location of that material, and any other asbestos condition in the building. Requires any renovation, construction, or other activity for which an asbestos survey is required to be conducted without the requirement of obtaining a new asbestos survey if a valid asbestos survey exists. SECTION 2.(a) Effective date: September 1, 2003. (b) Makes application of the change in law made by this Act prospective.