HBA-JEK, CCH C.S.H.B. 1279 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1279
By: Coleman
Public Health
3/19/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The 72nd Legislature enacted legislation relating to the regulation of
asbestos removal from public buildings through the Texas Asbestos Health
Protection Act.  The Act exempted persons performing  resilient
floorcovering removal consistent with work practices published by the
resilient floor covering industry or approved by the commissioner of health
from the licensing and registration requirements. Violators of this
provision were subject to a civil penalty not to exceed $5,000, whereas
violators of the other provisions of the Act were subject to a penalty not
to exceed $10,000 a day for each violation.  C.S.H.B. 1279 repeals the
limitation on civil penalties for violating the exemption provision and
increases the minimum amount of training that a person who removes
resilient floor covering material must have completed. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 1279 repeals law limiting to $5,000 the civil penalties associated
with a violation of the provisions exempting persons performing resilient
floor-covering removal consistent with work practices published by the
resilient floor covering industry or approved by the commissioner of health
from the licensing and registration requirements of the Texas Asbestos
Health Protection Act.  The bill provides that a person who removes
resilient floor covering material must have completed a training course
covering such work practices for a minimum of eight hours rather than a
training period not to exceed eight hours. 
 
EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1279 differs from the original by repealing the limitation on
civil penalties for violating the exemption, rather than repealing the
exemption itself.  The substitute provides that a person who removes
resilient floor covering material must have completed a minimum of eight
hours of training rather than a period not to exceed eight hours.