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.