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79R7085 UM-F
By: Hunter H.B. No. 2642
A BILL TO BE ENTITLED
AN ACT
relating to inspections related to childhood lead poisoning and
blood lead levels of concern; imposing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 88, Health and Safety Code, is amended by
adding Subchapter B to read as follows:
SUBCHAPTER B. INSPECTIONS
Sec. 88.051. DEFINITIONS. In this subchapter:
(1) "Department" means the Department of State Health
Services.
(2) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
Sec. 88.052. INSPECTIONS OF RESIDENTIAL PROPERTY. (a) The
executive commissioner shall adopt rules providing for the
inspection of a residence in which a person that has been reported
under this chapter as having lead poisoning or blood lead levels of
concern spends at least 24 hours a week. The inspection must be
completed before the 30th day after the date the report was made.
(b) The department shall provide inspectors to enforce this
section. In performing an inspection required under Subsection
(a), the inspector shall:
(1) present identifying information to the owner or
occupant of the residence that identifies the inspector's authority
to inspect the property;
(2) inspect the property for lead-based paint hazards,
soil lead hazards, and other lead hazards caused by the occupant's
personal property, including some forms of pottery, cooking
utensils, and home remedies; and
(3) if necessary, remove samples for laboratory
analysis.
(c) The cost of an inspection performed under this section
may be charged to the owner of the residence inspected if the
department determines that the principal cause of the lead
poisoning or blood lead levels of concern is lead-based paint
hazards or soil lead hazards.
(d) If the department determines that there are lead-based
substances in a residence that are hazardous to the health of a
child younger than six years of age or a pregnant woman, the
department shall send a written notice to the owner and occupants of
the residence containing:
(1) notice that one or more lead hazards exist at the
residence;
(2) appropriate methods and directions for the removal
and elimination of the lead hazards;
(3) notice that the owner must remove and eliminate
the lead hazards not later than the 30th day after the date the
owner receives the notice, in a manner that does not endanger the
health of the occupants of the residence, if the principal cause of
the lead poisoning or the blood lead levels of concern is determined
to be lead-based paint hazards or soil lead hazards; and
(4) the penalties that may be imposed if the owner does
not comply with the notice under Subdivision (3).
(e) If the owner of a residence who receives notice under
Subsection (d)(3) does not remove and eliminate the lead hazards at
the residence within the period specified by the notice, the
department shall post a prominently displayed warning on the
residence, in both English and Spanish, that states that lead
hazards exist in the residence and that the residence is unfit for
habitation by a child younger than six years of age. The warning
must remain posted until the owner of the residence has complied
with this section.
(f) Notwithstanding any provision in this chapter, the
executive commissioner and the department are not required to
implement this section if money has not been appropriated to the
department to cover the cost of implementing this section.
Sec. 88.053. PENALTIES AND ENFORCEMENT. (a) A person
commits an offense if the person:
(1) owns a residence at which lead-based paint hazards
or soil lead hazards have been found by the department;
(2) receives notice under Section 88.052(d)(3); and
(3) fails to remove and eliminate the lead hazards at
the residence before the expiration of the period stated in the
notice.
(b) An offense under Subsection (a) is a Class C
misdemeanor.
(c) The attorney general or a county or municipal attorney
may bring a civil action for injunctive relief to require the owner
of a residence to permit an inspection, pay inspection costs, or
remove and eliminate lead hazards as required by Section 88.052.
(d) The attorney general or county or municipal attorney
shall report to the department:
(1) any action taken under Subsection (c); or
(2) any criminal prosecution of an offense under
Subsection (a).
Sec. 88.054. ENFORCEMENT REPORT. The department shall
issue an annual report describing enforcement actions reported
under this section. The report must include:
(1) the identity of the owner of each residence
involved;
(2) the authority bringing the enforcement action;
(3) the nature of the enforcement action; and
(4) the penalty imposed or the relief granted.
Sec. 88.055. INSPECTION AND ENFORCEMENT CONTRACTS ALLOWED.
The department by intergovernmental contract may delegate its
duties under this subchapter to a health authority, local health
department, or public health district.
SECTION 2. Sections 88.001-88.006, Health and Safety Code,
are designated as Subchapter A, Chapter 88, Health and Safety Code,
and a subchapter heading is added to read as follows:
SUBCHAPTER A. GENERAL PROVISIONS; REPORTING
SECTION 3. The heading to Chapter 88, Health and Safety
Code, is amended to read as follows:
CHAPTER 88. [REPORTS OF] CHILDHOOD LEAD POISONING
SECTION 4. This Act takes effect September 1, 2005.