HBA-KMH C.S.H.B. 2597 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2597
By: McReynolds
Environmental Regulation
3/31/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, under Chapter 382, Health and Safety Code, the Texas Natural
Resource Conservation Commission (TNRCC) is charged with enforcing the
Texas Clean Air Act and adopting administrative rules to regulate the
quality of the state's air.  This includes the regulation of airborne
antimicrobial products. 

An antimicrobial product is one that disinfects and sanitizes by protecting
surfaces from bacteria, viruses and fungi.  These products must be
registered with the Environmental Protection Agency in accordance with the
Federal Insecticide, Fungicide, and Rodenticide Act.  Hospitals use these
products in a medical environment to ensure that infectious diseases do not
spread. 

C.S.H.B. 2597 prohibits TNRCC from adopting a rule that lessens the
efficacy of a hospital or medical disinfectant in killing or inactivating
agents of an infectious disease, including a rule restricting volatile
organic compound content of or emissions from disinfectants, except as
specifically required to comply with federal law or regulation. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority previously delegated to the Texas Natural Resource Conservation
Commission is modified in SECTION 1 (Section 382.0201, Health and Safety
Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 382, Health and Safety Code, by
adding Section 382.0201, as follows: 

Sec.  382.0201.  PROHIBITION ON COMMISSION RULE RELATING TO EMISSIONS FROM
CERTAIN HOSPITAL OR MEDICAL DISINFECTANTS.  Defines "hospital or medical
disinfectant."  Prohibits the Texas Natural Resource Conservation
Commission from adopting a rule that lessens the efficacy of a hospital or
medical disinfectant in killing or inactivating agents of an infectious
disease, including a rule restricting volatile organic compound content of
or emissions from disinfectants, except as specifically required to comply
with federal law or regulation. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2597 clarifies in proposed Section 382.0201(b) that the commission
may only act contrary to the prohibition if specifically required to comply
with federal law or regulation.