1-1 AN ACT
1-2 relating to the facilities covered by and the emergency authority
1-3 of the Texas Department of Health under the lead abatement law.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2, Chapter 332, Acts of the 74th
1-6 Legislature, Regular Session, 1995 (Article 9029, Vernon's Texas
1-7 Civil Statutes), is amended to read as follows:
1-8 Sec. 2. Definitions. In this Act:
1-9 (1) "Child-occupied facility" means a building, or
1-10 part of a building, constructed before 1978 that is visited
1-11 regularly by the same child, six years of age or younger, on at
1-12 least two different days in any seven-day period beginning on
1-13 Sunday and ending on Saturday, if each day's visit lasts at least
1-14 three hours, the combined weekly visits last at least six hours,
1-15 and the combined annual visits last at least 60 hours. The term
1-16 includes a day-care center, preschool, or kindergarten classroom.
1-17 (2) "Department" means the Texas Department of Health.
1-18 (3) [
(2)] "Federal law and rules" means:
1-19 (A) Title IV, Toxic Substances Control Act (15
1-20 U.S.C. Section 2681 et seq.), and the rules adopted by the United
1-21 States Environmental Protection Agency under that law for
1-22 authorization of state programs;
1-23 (B) any regulations or requirements adopted by
1-24 the United States Department of Housing and Urban Development
2-1 regarding eligibility for grants to states and local governments;
2-3 (C) any other requirements adopted by a federal
2-4 agency with jurisdiction over lead hazards.
2-5 (4) [ (3)] "Lead-based paint activity" means
2-6 inspection, testing, risk assessment, risk reduction, lead
2-7 abatement project design or planning, [ or] abatement or removal, or
2-8 creation of lead-based paint hazards.
2-9 (5) [ (4)] "Person" means an individual, corporation,
2-10 company, contractor, association, firm, partnership, joint stock
2-11 company, foundation, institution, trust, society, union, or any
2-12 other association of individuals.
2-13 (6) [ (5)] "Target housing" means any housing
2-14 constructed before 1978. The term does not include:
2-15 (A) housing for the elderly or persons with
2-16 disabilities, unless a child who is [ younger than] six years of age
2-17 or younger resides or is expected to reside in that housing; or
2-18 (B) a dwelling with no bedrooms.
2-19 SECTION 2. Sections 3(a) and (b), Chapter 332, Acts of the
2-20 74th Legislature, Regular Session, 1995 (Article 9029, Vernon's
2-21 Texas Civil Statutes), are amended to read as follows:
2-22 (a) The department shall establish a program for
2-23 certification of a person involved in a lead-based paint activity
2-24 in target housing or in a child-occupied facility and for
2-25 accreditation of training providers in compliance with federal law
2-26 and rules. The department shall make any changes to the
2-27 certification program that are consistent with this chapter and
3-1 that are necessary to comply with federal law and rules relating to
3-2 the program.
3-3 (b) Rules adopted under this section must:
3-4 (1) set minimum training requirements by accredited
3-5 training providers;
3-6 (2) set standards for lead-based paint activities in
3-7 target housing that cover reliability, effectiveness, and safety;
3-8 (3) set standards for accrediting training providers;
3-9 (4) require the use of certified and accredited
3-10 personnel in any lead-based paint activity in target housing or in
3-11 a child-occupied facility;
3-12 (5) be revised as necessary to comply with federal law
3-13 and rules and to maintain eligibility for federal funding;
3-14 (6) facilitate reciprocity and communication with
3-15 other states having a certification program; and
3-16 (7) provide for decertification, deaccreditation, and
3-17 financial assurance for a person certified or accredited by the
3-19 SECTION 3. Section 3, Chapter 332, Acts of the 74th
3-20 Legislature, Regular Session, 1995 (Article 9029, Vernon's Texas
3-21 Civil Statutes), is amended by adding Subsection (e) to read as
3-23 (e) The department by rule may require a person who is
3-24 involved in a lead-based paint activity in target housing or a
3-25 public area that the department finds creates a public health
3-26 hazard to become certified under the program established under this
3-27 Act. (1) If the department adopts a rule under this subsection,
4-1 it must be consistent with federal law or regulation. The
4-2 department shall delay implementation of the certification
4-3 requirement until the day six months after the date the rule is
4-5 SECTION 4. The Texas Department of Health shall adopt
4-6 initial rules to implement the change in law made by Sections 1 and
4-7 2 of this Act not later than January 1, 1998.
4-8 SECTION 5. (a) This Act takes effect September 1, 1997.
4-9 (b) A person is not required to become certified to perform
4-10 lead-based paint activity in a child-occupied facility before June
4-11 1, 1998.
4-12 SECTION 6. The importance of this legislation and the
4-13 crowded condition of the calendars in both houses create an
4-14 emergency and an imperative public necessity that the
4-15 constitutional rule requiring bills to be read on three several
4-16 days in each house be suspended, and this rule is hereby suspended.
President of the Senate Speaker of the House
I certify that H.B. No. 729 was passed by the House on April
18, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 729 on May 12, 1997, by a non-record
Chief Clerk of the House
I certify that H.B. No. 729 was passed by the Senate, with
amendments, on May 6, 1997, by a viva-voce vote.
Secretary of the Senate