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.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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.