SRC-LBB S.B. 599 78(R) BILL ANALYSIS
Senate Research Center S.B. 599
78R1010 KEG-DBy: West,Royce
State Affairs
3/5/2003
As Filed
DIGEST AND PURPOSE
Currently, the Texas Department of Health (TDH) and the Texas Building and
Procurement Commission (TBPC) conduct air quality investigations in state
buildings. The United States Environmental Protection Agency has found
that indoor air quality is among the top five environmental health risks
to the public and should be addressed in the most comprehensive and
efficient manner possible. As proposed, S.B. 599 requires TBPC to refer
all indoor air quality testing matters, except for asbestos, to TDH. The
bill requires TBPC to contract with a private entity to evaluate the
current methods of working with asbestos and testing indoor air quality,
and to provide training for employees who abate asbestos and other
hazardous substances. S.B. 599 also requires the State Office of Risk
Management to conduct an annual seminar on indoor air quality.
RULEMAKING AUTHORITY
Rulemaking authority is expressly granted to the Texas Department of
Health in SECTION 1 (Section 2165.302, Government Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 2165, Government Code, by adding Subchapter G
as follows:
SUBCHAPTER G. INDOOR AIR QUALITY
Sec. 2165.301. DEFINITIONS. Defines "air monitoring," "asbestos
abatement," "department," "office," and "state building."
Sec. 2165.302. GENERAL INVESTIGATION AND TESTING. (a) Requires the Texas
Building and Procurement Commission (TBPC) to refer matters related to the
investigation and testing of indoor air quality in state buildings under
the charge and control of TBPC to the Texas Department of Health (TDH).
Requires TDH to conduct any necessary investigation and testing of indoor
air quality in state buildings, on request or referral of an entity with
charge and control of the state building.
(b) Authorizes TDH to contract with a private entity to assist with
investigation and testing duties under this section.
(c) Requires TDH to report all findings and test results related to
indoor air quality in state buildings that are obtained directly by TDH or
under a contract with a private entity to the State Office of Risk
Management (SORM) in a form and manner prescribed by SORM for that
purpose.
(d) Authorizes TDH to establish a system of charges for indoor air
quality investigation and testing in state buildings. Requires a system
established by TDH to ensure that TDH is reimbursed by the requesting or
referring entity under Subsection (a)(2) for the cost of providing the
services.
(e) Requires TDH to adopt rules and procedures relating to the
investigation and testing of indoor air quality in state buildings.
Sec. 2165.303. AIR MONITORING RELATED TO ASBESTOS ABATEMENT. (a)
Requires TBPC to contract with a private entity to conduct any air
monitoring that is related to asbestos abatement services provided by
TBPC.
(b) Requires TBPC to report the findings and test results obtained under
a contract for air monitoring under this section to the office and TDH in
a form and manner prescribed by SORM and TDH for that purpose.
(c) Authorizes TBPC to establish a system of charges for air monitoring
that is related to asbestos abatement services provided by TBPC. Requires
a system established by TBPC to ensure that TBPC is reimbursed by agencies
for which air monitoring is provided under this section for the cost of
the air monitoring.
Sec. 2165.304. TECHNICAL ASSISTANCE TO IMPROVE ASBESTOS HANDLING. (a)
Requires TBPC to contract with an entity that specializes in research and
technical assistance related to indoor air quality but does not receive
appropriations from the state, such as the Texas Institute for the Indoor
Environment in Austin, to perform certain functions.
(b) Requires TBPC to provide a report of findings or recommended plan of
action produced under this section to the Legislative Budget Board, the
Governor's Office of Budget and Planning, and SORM.
Sec. 2165.305. EDUCATIONAL SEMINAR ON INDOOR AIR QUALITY. (a) Requires
SORM to conduct an annual, one-day educational seminar on indoor air
quality.
(b) Requires SORM to provide updated information at the seminar on
maintaining safe indoor air in state buildings.
(c) Requires SORM to receive assistance from certain entities in
developing a seminar required by this section.
(d) Requires a state agency risk managers, representatives of entities
with charge and control of state buildings, facility managers, and owners
and managers of buildings or offices leased to the state to attend a
seminar under this section on an annual basis.
(e) Requires SORM to publish on its Internet website the information
provided at the most recent seminar required by this section.
SECTION 2. Requires TDH and TBPC to provide functions relating to
investigation and testing, technical assistance, and certain other matters
related to indoor air quality in state buildings beginning on September 1,
2003.
SECTION 3. Requires TBPC and TDH to establish a transition plan
containing certain items for the transfer described in Section 2 of this
Act, not later than December 31, 2003.
SECTION 4. (a) Effective date: September 1, 2003.
Makes application of this Act prospective.
(b) Requires SORM and TDH to prescribe reporting procedures
for findings and test results, as required by Chapter 2165G, Government
Code, as added by this Act, not later than September 1, 2004.
(c) Requires TDH to adopt rules and procedures relating to the
investigation and testing of indoor air quality in state buildings, as
required by Section 2165.302, Government Code, as added by this Act, not
later than September 1, 2004.