HBA-SEP S.B. 509 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 509
By: Moncrief
Public Health
4/12/2001
Engrossed



BACKGROUND AND PURPOSE 

In the 70th Legislature,  the Texas Asbestos Health Protection Act was
enacted to regulate persons engaged in the business of removing or
encapsulating asbestos in public buildings.  The 73rd Legislature
transferred enforcement authority for asbestos regulation required by the
National Emission Standard for Hazardous Air Pollution from the Texas
Natural Resource Conservation Commission to the Texas Department of Health
(TDH).  Since that time, TDH's efforts to ensure public health have
included asbestos abatement.  Currently, many building owners and
contractors are not aware that an asbestos survey must be conducted prior
to renovating or demolishing a public building.  Senate Bill 509 requires
building owners and contractors to provide evidence that an asbestos survey
has been completed in order to receive a permit to renovate or demolish a
public building.     

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

Senate Bill 509 amends the Texas Asbestos Health Protection Act (TAHPA) to
prohibit a municipality from issuing a permit to a person for renovating or
demolishing a public building unless the applicant provides:  

_evidence acceptable to the municipality that an asbestos survey of the
building has been completed by a person licensed under the TAHPA to perform
the survey; or  

_a certification from a licensed engineer or architect stating that the
engineer or architect has reviewed the material safety data sheets for the
materials used in the original construction, the subsequent renovations or
alterations of all parts of the building affected by the planned renovation
or demolition, and any asbestos surveys of the building previously
conducted in accordance with TAHPA, and in the engineer's or architect's
professional opinion, all parts of the building affected by the planned
renovation or demolition do not contain asbestos.  

EFFECTIVE DATE

September 1, 2001.