S.B. No. 544
                                        AN ACT
    1-1  relating to lead-based paint activities in target housing;
    1-2  providing civil, administrative, and criminal penalties.
    1-4        SECTION 1.  PURPOSE.  The purpose of this Act is to
    1-5  establish, pursuant to federal requirements, the eligibility of
    1-6  state and local governments for federal lead-based paint abatement
    1-7  funds.
    1-8        SECTION 2.  DEFINITIONS.  In this Act:
    1-9              (1)  "Department" means the Texas Department of Health.
   1-10              (2)  "Federal law and rules" means:
   1-11                    (A)  Title IV, Toxic Substances Control Act (15
   1-12  U.S.C. Section 2681 et seq.) and the rules adopted by the United
   1-13  States Environmental Protection Agency under that law for
   1-14  authorization of state programs;
   1-15                    (B)  any regulations or requirements adopted by
   1-16  the United States Department of Housing and Urban Development
   1-17  regarding eligibility for grants to states and local governments;
   1-18  and
   1-19                    (C)  any other requirements adopted by a federal
   1-20  agency with jurisdiction over lead hazards.
   1-21              (3)  "Lead-based paint activity" means inspection,
   1-22  testing, risk assessment, risk reduction, lead abatement project
   1-23  design or planning, or abatement or removal of lead-based paint
   1-24  hazards.
    2-1              (4)  "Person" means an individual, corporation,
    2-2  company, contractor, association, firm, partnership, joint stock
    2-3  company, foundation, institution, trust, society, union, or any
    2-4  other association of individuals.
    2-5              (5)  "Target housing" means any housing constructed
    2-6  before 1978.  The term does not include:
    2-7                    (A)  housing for the elderly or persons with
    2-8  disabilities, unless a child who is younger than six years of age
    2-9  resides or is expected to reside in that housing; or
   2-10                    (B)  a dwelling with no bedrooms.
   2-11        SECTION 3.  CERTIFICATION PROGRAM.  (a)  The department shall
   2-12  establish a program for certification of a person involved in a
   2-13  lead-based paint activity in target housing and for accreditation
   2-14  of training providers in compliance with federal law and rules.
   2-15        (b)  Rules adopted under this section must:
   2-16              (1)  set minimum training requirements by accredited
   2-17  training providers;
   2-18              (2)  set standards for lead-based paint activities in
   2-19  target housing that cover reliability, effectiveness, and safety;
   2-20              (3)  set standards for accrediting training providers;
   2-21              (4)  require the use of certified and accredited
   2-22  personnel in any lead-based paint activity in target housing;
   2-23              (5)  be revised as necessary to comply with federal law
   2-24  and rules and to maintain eligibility for federal funding;
   2-25              (6)  facilitate reciprocity and communication with
   2-26  other states having a certification program; and
   2-27              (7)  provide for decertification, deaccreditation, and
    3-1  financial assurance for a person certified or accredited by the
    3-2  department.
    3-3        (c)  The program established under this Act may not exceed
    3-4  the minimum program requirements of federal law and rules for
    3-5  authorization of a state program and receipt of federal funds by
    3-6  state and local governments.
    3-7        (d)  The department may assess a fee to recover the cost of
    3-8  administering the program.
    3-9        SECTION 4.  CIVIL PENALTY.  (a)  If it appears that a person
   3-10  has violated, is violating, or is threatening to violate a
   3-11  provision of this Act or a rule adopted or certification issued by
   3-12  the department under this Act, the state may file suit in the
   3-13  manner prescribed by Subsections (a) and (b), Section 361.224,
   3-14  Health and Safety Code.  Venue is in the county prescribed by
   3-15  Section 361.227, Health and Safety Code.
   3-16        (b)  A civil penalty may not exceed $2,000 for the first
   3-17  violation,  or $10,000 for a second or subsequent violation.
   3-18        SECTION 5.  CRIMINAL PENALTY.  (a)  A person commits an
   3-19  offense if the person knowingly or intentionally violates this Act
   3-20  or a rule adopted or  certification issued under this Act and the
   3-21  violation results in an endangerment to the public health and
   3-22  safety.
   3-23        (b)  An offense under this section is punishable by a fine of
   3-24  not more than $10,000, not more than six months imprisonment, or
   3-25  both.
   3-26        (c)  Venue is in the county in which the violation occurs.
   3-27        SECTION 6.  ADMINISTRATIVE PENALTY.  The department may
    4-1  assess an administrative penalty of not more than $5,000 for each
    4-2  day of a violation of this Act or a rule adopted under this Act.
    4-3  The Texas Board of Health shall adopt rules relating to the
    4-4  assessment and collection of an administrative penalty.
    4-5        SECTION 7.  EMERGENCY.  The importance of this legislation
    4-6  and the crowded condition of the calendars in both houses create an
    4-7  emergency and an imperative public necessity that the
    4-8  constitutional rule requiring bills to be read on three several
    4-9  days in each house be suspended, and this rule is hereby suspended,
   4-10  and that this Act take effect and be in force from and after its
   4-11  passage, and it is so enacted.