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By:  Hunter                                                       H.B. No. 3264



A BILL TO BE ENTITLED

AN ACT

relating to the prevention of childhood lead poisoning.                       
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  This Act may be known as the Childhood Lead 
Poisoning Prevention Act.
	SECTION 2.  The Childhood Lead Poisoning Prevention Act 
represents an effort by this state to prioritize education, 
screening, and the overall prevention of childhood lead poisoning.  
Nearly one million American children may have levels of lead in 
their blood in excess of 10 micrograms per deciliter.  Unless 
prevented or treated, elevated blood lead levels in egregious cases 
may result in impairment of the ability to think, concentrate, and 
learn.  In addition, increased numbers of affected children result 
in increased recurring expenses for the State in the form of special 
education and other educational expenses, medical care for 
lead-poisoned children, and expenditures for delinquent youth and 
others needing special supervision.
	A significant cause of lead poisoning in children is the 
ingestion of lead particles from deteriorating or abraded 
lead-based paint from older, poorly maintained residences.  The 
dangers posed by lead-based paint can be substantially reduced and 
largely eliminated by taking measures to prevent paint 
deterioration and by limiting children's exposure to paint chips 
and lead dust.
	The incidence of childhood lead poisoning can be reduced 
substantially without significant additional cost to the state by 
creating appropriate incentives for property owners to make their 
properties lead-free or lead-safe and by targeting existing state 
resources.
	SECTION 3.  Chapter 88, Health and Safety Code, is amended by 
adding Section 88.001(12) to read as follows:
	Sec. 88.001.  DEFINITIONS.                                                     
		(12)  "Board" means the Texas Board of Health.                         
	SECTION 4.  Chapter 88, Health and Safety Code, is amended by 
adding Section 88.0025 to read as follows:
	Sec. 88.0025.  CHILDHOOD LEAD POISONING PREVENTION.  (a)  
The Board shall implement policies and procedures to promote the 
elimination of childhood lead poisoning within the state.  The 
Board shall adopt measures to:
		(1)  significantly reduce the incidence of childhood 
lead poisoning throughout the state.
		(2)  encourage procedures that increase the supply of 
affordable rental housing throughout the state in which measures 
have been taken to substantially reduce the incidence of lead 
poisoning.
		(3)  improve public awareness of lead safety issues and 
educate both property owners and tenants about practices that can 
reduce the incidence of lead poisoning.
		(4)  encourage mechanisms that aid in the protection 
from potentially ruinous tort actions for those landlords who 
undertake specified lead hazard reduction measures.
		(5)  encourage the testing of children likely to suffer 
the consequences of lead poisoning so that prompt diagnosis and 
treatment and the prevention of harm are possible.
		(6)  develop a mechanism to facilitate prompt payment 
of medical and rehabilitation expenses and relocation costs for 
those remaining individuals who are affected by childhood lead 
poisoning.
	SECTION 5.  This Act takes effect September 1, 2003.