S.B. No. 814
 
 
 
 
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.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 814 passed the Senate on
  April 12, 2007, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 814 passed the House on
  May 15, 2007, by the following vote:  Yeas 139, Nays 0, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor