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A BILL TO BE ENTITLED
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AN ACT
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relating to environmental lead investigations by the Department of |
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State Health Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 88.001, Health and Safety Code, is |
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amended by adding Subdivisions (13) through (16) to read as |
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follows: |
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(13) "Child-occupied facility" means a building or |
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part of a building, including a day-care center, preschool, or |
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kindergarten classroom, that is visited regularly by the same |
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child, six years of age or younger, at least two days in any |
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calendar week if the visits are for at least: |
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(A) three hours each day; and |
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(B) 60 hours each year. |
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(14) "Lead hazard" means an item, surface coating, or |
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environmental media that contains or is contaminated with lead and, |
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when ingested or inhaled, may cause exposures that contribute to |
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blood lead levels in children, including: |
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(A) an accessible painted surface or coating; |
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(B) an article for residential or consumer use; |
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(C) accessible soil and dust, including attic |
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dust; and |
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(D) food, water, or remedies. |
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(15) "Certified lead risk assessor" means a person who |
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has been certified by the department to conduct lead risk |
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assessments, inspections, and lead-hazard screens, as defined by |
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department rule. |
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(16) "Environmental lead investigation" means an |
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investigation performed by a certified lead risk assessor of the |
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home environment of, or other premises frequented by, a child who |
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has a confirmed blood lead level warranting such an investigation, |
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under the most recent criteria issued by the Centers for Disease |
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Control and Prevention of the United States Public Health Service. |
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SECTION 2. Chapter 88, Health and Safety Code, is amended by |
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adding Sections 88.007, 88.008, and 88.009 to read as follows: |
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Sec. 88.007. DEPARTMENT RULES FOR FOLLOW-UP CARE; |
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COORDINATION OF CARE. (a) The department may adopt rules |
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establishing standards for follow-up care provided to children with |
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a confirmed blood lead level of concern. |
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(b) Rules adopted under this section must meet any federal |
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requirements for coordinated follow-up care for children with |
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confirmed blood lead levels of concern and may include, in a manner |
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consistent with current federal guidelines: |
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(1) an environmental lead investigation of all or |
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parts of a child's home environment, child-care facility, or |
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child-occupied facility that may be a source of a lead hazard |
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causing or contributing to the child's lead exposure; and |
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(2) guidance to parents, guardians, and consulting |
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physicians on how to eliminate or control lead exposures that may be |
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contributing to the child's blood lead level. |
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Sec. 88.008. ENVIRONMENTAL LEAD INVESTIGATIONS. (a) On |
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receiving a report of a child with a confirmed blood lead level |
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warranting an environmental lead investigation, the department or |
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its authorized agent may conduct an environmental lead |
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investigation of: |
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(1) the home environment in which the child resides, |
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if the department or the department's authorized agent obtains the |
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written consent of an adult occupant; |
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(2) any child-care facility with which the child has |
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regular contact and that may be contributing to the child's blood |
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lead level, if the department or the department's authorized agent |
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obtains the written consent of the owner, operator, or principal of |
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the facility; and |
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(3) any child-occupied facility with which the child |
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has regular contact and that may be contributing to the child's |
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blood lead level, if the department or the department's authorized |
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agent obtains the written consent of: |
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(A) the owner, operator, or principal of the |
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facility; or |
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(B) an adult occupant of the facility if the |
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facility is subject to a lease agreement. |
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(b) Notwithstanding the consent requirements under |
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Subsection (a), consent for an investigation is not required to be |
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in writing for an investigation related to a report of a child with |
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a blood lead level of 45 micrograms per deciliter or more if a good |
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faith attempt to contact the persons authorized to provide written |
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consent under Subsection (a) has been unsuccessful. |
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Sec. 88.009. ENVIRONMENTAL LEAD INVESTIGATION PROCEDURES. |
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The department may adopt rules establishing procedures for |
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environmental lead investigations of dwellings and other premises |
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subject to this chapter. The rules must meet, but may not exceed, |
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any requirements established under regulations adopted by the |
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federal Environmental Protection Agency under Subchapter IV, Toxic |
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Substances Control Act (15 U.S.C. Section 2681 et seq.). |
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SECTION 3. This Act takes effect September 1, 2007. |