HBA-DMD C.S.H.B. 2667 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2667 By: Capelo Business & Industry 4/26/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Industrial hygienists are responsible for evaluating the health effects of chemicals or noise in the workplace and then implementing programs to reduce or eliminate those workplace hazards. C.S.H.B. 2667 prohibits a person from using the title of, or representing themselves as a "certified industrial hygienist," or "industrial hygienist in training," unless the person meets certain requirements and qualifications. This bill provides a penalty for a violation of this Act. 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 20, Title 132, V.T.C.S., by adding Article 9034, as follows: ARTICLE 9034. INDUSTRIAL HYGIENE TITLE RECOGNITION ACT Sec. 1. SHORT TITLE. Authorizes this Act to be cited as the Industrial Hygiene Title Recognition Act. Sec. 2. PURPOSE. Sets forth the purpose of this article. Sec. DEFINITIONS. Defines "American Board of Industrial Hygiene," "certified industrial hygienist" or "CIH," "industrial hygiene certification organization," and "industrial hygienist in training." Sec. 4. PROTECTION OF TITLES. Prohibits a person from using the title of, or representing themselves as a "certified industrial hygienist," "CIH," or "industrial hygienist in training," "IHIT," unless the person meets the requirements and qualifications for that title under the definitions of this article. Sec. 5. CIVIL PENALTY. Sets forth that a violation of Section 4 of this article is punishable by a civil penalty of not more than $1,000 for each violation. Authorizes the attorney general to bring an action to collect the penalty. Requires a penalty collected under this subsection to be deposited in the general revenue fund. SECTION 2.Effective date: September 1, 1999. SECTION 3.Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE This substitute differs from the original in the caption by making this Act relate to the regulation of industrial hygienists, rather than the recognition of the professional designation of an industrial hygienist. This substitute differs from the original bill by conforming to Legislative Council format. This substitute differs from the original bill by designating the contents of this Act as Article 9034, Chapter 20, Title 32, V.T.C.S.. This Act was not designated as a specific Article by the original. This substitute also redesignates SECTIONS 1-3 of the original bill as Sections 1-3, Article 9034, Chapter 20, Title 32, V.T.C.S. in SECTION 1 of the substitute. This substitute modifies proposed Section 2 by modifying the purpose of the bill. This substitute modifies proposed Section 3, by removing the definitions for "accredited college or university," "education," "experience," "industrial hygiene," and "industrial hygienist." This substitute adds new Section 4, which prohibits a person from using the title of, or representing themselves as a "certified industrial hygienist," "CIH," or "industrial hygienist in training," "IHIT" unless the person meets the requirements and qualifications for that title under the definitions of this article. This substitute adds new Section 5, to set forth that a violation of Section 4 of this article is punishable by a civil penalty of not more than $1,000 for each violation. This substitute authorizes the attorney general to bring an action to collect the penalty. Requires a penalty collected under this subsection to be deposited in the general revenue fund. This substitute removes SECTION 4 (Professional Recognition) of the original bill, which requires individuals to meet the requirements and qualifications of an industrial hygienist, industrial hygienist in training, or certified industrial hygienist as set out in this Act before such individuals are authorized to use the title or represent themselves to the public as such, or use any other term involving the words "industrial hygiene" or variation of such words. This substitute removes SECTION 5 (Enforcement) of the original bill, which set forth that a person who violates the provisions of this Act is subject to a civil penalty of no more than $1,000. This substitute removes SECTION 6 (Effect on Other Regulation) of the original bill, which requires no entity of state or local government to by rule or by other means prohibit or restrict the practice of industrial hygiene by any qualified individual who complies with the provisions established by or under this Act, except where authorized by state statute to regulate a specific activity that may include the practice of industrial hygiene. This substitute removes SECTION 7 (Exemptions) of the original bill, which set forth exemptions to this Act. This substitute redesignates SECTIONS 8 (effective date) and 9 (emergency clause) of the original bill to SECTIONS 2 and 3 of the substitute, respectively.