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