HBA-NMO H.B. 2621 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2621
By: Palmer
Public Health
3/19/99
Introduced



BACKGROUND AND PURPOSE 

Current Environmental Protection Agency regulations prohibit the use of
certain asbestos-containing products.  H.B. 2621 prohibits a person from
installing or replacing asbestos in a public building. This bill also
authorizes the attorney general, or appropriate district or county
attorney, to bring an action for injunction against a contractor who
violates this prohibition, and subjects a contractor who violates this
prohibition to a civil penalty.  This bill does not require the removal of
currently installed asbestos-containing materials. 

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. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 161, Health and Safety Code, by adding
Subchapter Q, as follows: 

SUBCHAPTER Q.  INSTALLATION OF ASBESTOS

Sec. 161.401.  DEFINITIONS.  Defines "asbestos," "contractor," and "public
building." 

Sec. 161.402.  ASBESTOS INSTALLATION OR REPLACEMENT PROHIBITED. Prohibits a
person from installing or replacing asbestos in a public building. 

Sec. 161.403.  INJUNCTION.  Authorizes the attorney general or appropriate
district or county attorney, in the name of the state, to institute and
conduct an action in a district court of Travis County or of a county in
which any part of the violation occurs for an injunction or other process
against a contractor who is violating this subchapter.  Authorizes the
district court to grant any prohibitory or mandatory relief warranted by
the facts, including a temporary restraining order, temporary injunction,
or permanent injunction. 

Sec. 161.404.  CIVIL PENALTY.  (a) Provides that a contractor who violates
this subchapter is subject to a civil penalty not to exceed $10,000 a day
for each violation.  Provides that each day of violation constitutes a
separate violation for purposes of penalty assessment. Requires the court
to consider certain factors in determining the amount of the civil penalty. 

(b)  Authorizes the attorney general or appropriate district or  county
attorney, in the name of the state, to institute and conduct an action
authorized by this section in a district court of Travis County or of a
county in which any part of the violation occurs. 

(c) Authorizes the party bringing the suit to file a suit to assess and
recover civil penalties independently of a suit for injunctive relief
brought under Section 161.403, or in combination with such a suit. 

(d) Authorizes the party bringing the suit to recover specified reasonable
expenses incurred in obtaining injunctive relief, civil penalties, or both. 

 (e) Requires that a penalty collected under this section by the attorney
general be deposited in the state treasury to the credit of the general
revenue fund.  Requires that a penalty collected under this section by a
district or county attorney be deposited to the credit of the general fund
of the county in which the suit was heard. 

Sec. 161.405.  REMEDIES CUMULATIVE.  Provides that the civil penalty and
injunction authorized by this subchapter are in addition to any other
civil, administrative, or criminal action provided by law. 

SECTION 2.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION 3.  Emergency clause.