HBA-NMO C.S.H.B. 2621 76(R)BILL ANALYSIS
Office of House Bill AnalysisC.S.H.B. 2621
By: Palmer
Public Health
4/28/1999
Committee Report (Substituted)
BACKGROUND AND PURPOSE
Current Environmental Protection Agency regulations prohibit the use of
certain asbestos-containing products. C.S.H.B. 2621 prohibits a person
from installing or reinstalling asbestos-containing building materials in a
public building, with exception. 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 civil and administrative
penalties. This bill does not require the removal of currently installed
asbestoscontaining 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 REINSTALLATION PROHIBITED.
Prohibits a person from installing asbestos-containing building materials
or reinstalling asbestos-containing materials in a public building unless
there is not an alternative material or replacement part.
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. ADMINISTRATIVE PENALTY. Authorizes the Texas Board of
Health to impose an administrative penalty on a contractor who violates
this subchapter. Prohibits the amount of the penalty from exceeding
$10,000, and provides that each day a violation continues or occurs is a
separate violation for the purpose of imposing a penalty. Requires that
the amount of the penalty be based on certain factors. Authorizes that the
enforcement of the penalty be stayed during the time the order is under
judicial review under certain conditions. Authorizes the attorney general
to sue to collect the penalty. Provides that a proceeding to impose the
penalty is considered to be a contested case under Chapter 2001
(Administrative Procedure), Government Code.
Sec. 161.406. REMEDIES CUMULATIVE. Provides that the civil penalty,
administrative 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.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The substitute modifies the caption of the original to reflect changes made
by the substitute.
The substitute differs from the original in SECTION 1 (proposed Subchapter
Q, Health and Safety Code), as follows:
Modifies proposed Section 161.401 (Definitions) by altering the definition
of "asbestos."
Modifies proposed Section 161.402 (Asbestos Installation or Replacement
Prohibited) by providing the new title of "Asbestos Installation or
Reinstallation Prohibited." The substitute prohibits a person from
installing asbestos-containing building materials or reinstalling
asbestos-containing materials in a public building unless there is not an
alternative material or replacement part, while the original would have
prohibited a person from installing or replacing asbestos in a public
building.
Redesignates proposed Section 161.405 (Remedies Cumulative) as Section
161.406.
Sets forth new Section 161.405 (Administrative Penalty). For a complete
analysis of this new section please see the Section-by-Section Analysis of
this document.
The substitute modifies the original in SECTION 2 by making conforming
changes.