HBA-NRS C.S.H.B. 2844 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2844
By: Lewis, Glenn
Public Health
4/18/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The City of Fort Worth is granted authority by the United States
Environmental Protection Agency to conduct a pilot project named Project XL
that allows the city to develop an alternative method to address asbestos
removal in structures set for demolition. The alternative method currently
considered by the city does not require asbestos removal prior to
demolition, does not adversely affect public health, and saves the city
money in the demolition process.  C.S.H.B. 2844 gives the Texas Board of
Health the option of exempting a demolition or renovation project from
state rules relating to asbestos removal or abatement prior to demolition
or renovation.   

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. 2844 amends the Texas Asbestos Health Protection Act to authorize
the Texas Board of Health (board) to exempt a demolition or renovation
project from rules relating to demolition and renovation activities to
protect the public from emissions of asbestos. An exemption only applies to
a project if the United States Environmental Protection Agency exempts the
project from federal regulations or the board determines that the project
will use methods for the abatement or removal of asbestos that provide
protection for the public health and safety at least equivalent to the
protection provided by the procedures required under board rule for
abatement or removal of asbestos and the project does not violate federal
law. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2844 modifies the original by providing that the bill takes effect
immediately if it receives the necessary vote.