CHAPTER 1954. ASBESTOS HEALTH PROTECTION

Statutes > Texas Statutes > OCCUPATIONS CODE > TITLE 12. PRACTICES AND TRADES RELATED TO WATER, HEALTH, AND SAFETY > CHAPTER 1954. ASBESTOS HEALTH PROTECTION

OCCUPATIONS CODE

TITLE 12. PRACTICES AND TRADES RELATED TO WATER, HEALTH, AND

SAFETY

SUBTITLE B. PRACTICES RELATED TO HEALTH AND SAFETY

CHAPTER 1954. ASBESTOS HEALTH PROTECTION

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 1954.001. SHORT TITLE. This chapter may be cited as the

Texas Asbestos Health Protection Act.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.002. DEFINITIONS. In this chapter:

(1) "Air monitoring" means the collection of airborne samples

for analysis of asbestos fibers.

(2) "Asbestos" means:

(A) an asbestiform variety of chrysotile, amosite, crocidolite,

tremolite, anthophyllite, or actinolite; or

(B) a material that contains one percent or more of a substance

described by Paragraph A.

(3) "Asbestos abatement" means a removal, encapsulation, or

enclosure of asbestos to reduce or eliminate or that has the

effect of reducing or eliminating:

(A) a concentration of asbestos fibers; or

(B) an asbestos-containing material.

(4) "Asbestos-related activity" means:

(A) the removal, encapsulation, or enclosure of asbestos;

(B) the performance of an asbestos survey;

action;

(D) the collection or analysis of an asbestos sample; or

(E) the performance of another activity for which a license is

required under this chapter.

(5) "Asbestos removal" means an action that disturbs, dislodges,

strips, or otherwise takes away asbestos fibers.

(6) "Board" means the Texas Board of Health.

(7) "Commissioner" means the commissioner of public health.

(8) "Department" means the Texas Department of Health.

(9) "Encapsulation" means a method of control of asbestos fibers

in which the surface of an asbestos-containing material is

penetrated by or covered with a coating prepared for that

purpose.

(10) "Enclosure" means the construction of an airtight wall and

ceiling around an asbestos-containing material.

(11) "Public building" means a building used or to be used for a

purpose that involves public access or occupancy and includes a

building that is vacant at any time, including during preparation

for actual demolition. The term does not include:

(A) an industrial facility to which access is limited

principally to employees of the facility because of a process or

function that is hazardous to human health or safety;

(B) a federal building or installation;

(D) an apartment building that has not more than four dwelling

units; or

(E) a manufacturing facility or building that is part of a

facility to which access is limited to workers and invited guests

under controlled conditions.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

SUBCHAPTER B. POWERS AND DUTIES OF BOARD AND DEPARTMENT

Sec. 1954.051. GENERAL RULEMAKING AUTHORITY. The board shall

adopt substantive and procedural rules as necessary or desirable

for the board, the department, and the commissioner to discharge

their powers and duties under this chapter.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.052. RULES REGARDING ASBESTOS CONCENTRATION LEVELS.

(a) The board may adopt rules defining the maximum airborne

asbestos concentrations that are:

(1) permissible outside of a regulated containment area during

an abatement activity; and

(2) acceptable for final clearance.

(b) The board may not identify any level of asbestos

concentration as a safe exposure level because any exposure to

airborne asbestos is considered to involve some risk.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.053. RULES REGARDING PERFORMANCE STANDARDS AND WORK

PRACTICES. The board may adopt rules specifying:

(1) performance standards at least as stringent as applicable

federal standards; and

(2) work practices that affect asbestos removal or encapsulation

in a public building.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.054. RULES RESTRICTING ADVERTISING OR COMPETITIVE

BIDDING. (a) The board may not adopt a rule restricting

advertising or competitive bidding by a person licensed or

registered under this chapter except to prohibit a false,

misleading, or deceptive practice.

(b) In its rules to prohibit a false, misleading, or deceptive

practice, the board may not include a rule that:

(1) restricts the use of any medium for advertising;

(2) restricts the use of the personal appearance or voice of the

person in an advertisement;

(3) relates to the size or duration of an advertisement by the

person; or

(4) restricts the person's advertisement under a trade name.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.055. RECIPROCITY AGREEMENT. The department may adopt

rules under this chapter to effect reciprocity agreements with

other states.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.056. FEES. (a) The board shall adopt a schedule of

the fees that are provided by this chapter and any other fee that

is reasonable and necessary.

(b) A license fee may not exceed:

(1) $100 for a license as an air monitoring technician;

(2) $200 for a license as an inspector;

(3) $250 for a restricted license as an asbestos abatement

supervisor;

(4) $300 for a license as an asbestos abatement supervisor;

(5) $300 for a license as an asbestos laboratory;

(6) $500 for a license as an asbestos abatement contractor;

(7) $500 for a license as a management planner;

(8) $500 for a license as a consultant;

(9) $500 for a license as a training sponsor; or

(10) $500 for a license as a transporter.

exceed $50.

(d) The department may set a fee for a provisional license or

registration in an amount reasonable and necessary to cover the

cost of issuing the license or registration.

(e) The fees collected by the department under this chapter

shall be deposited to the credit of the asbestos removal

licensure fund account in the general revenue fund. The fees may

be used only by the department for the purposes of this chapter.

Not more than 25 percent of the fees collected may be applied for

administrative costs necessary to implement this chapter. The

remainder shall be used for enforcement personnel necessary to

investigate compliance with this chapter.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.057. GENERAL INVESTIGATIVE AUTHORITY. (a) The

department may conduct any inspection or cause the production of

any documentary or other evidence that the department considers

necessary to determine whether a license should be:

(1) issued, delayed, or denied; or

(2) modified, suspended, or revoked.

(b) The department may require additional written information

and assurances from the applicant or license holder at any time

after the filing of an application for a license and before the

expiration of the license.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.058. AUTHORITY TO CONTRACT FOR INSPECTIONS. The

department may contract with any person to perform inspections

necessary to enforce this chapter.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.059. ASBESTOS SITE INSPECTIONS. (a) The department

shall inspect:

(1) an asbestos abatement contractor during an abatement project

at least annually; and

(2) other licensed organizations in accordance with board rules.

(b) The department shall require a building or facility owner or

the owner's authorized representative to complete an immediate

inspection for asbestos if the department determines after an

asbestos site inspection that there appears to be a danger or

potential danger to:

(1) the occupants of the building;

(2) workers in the building or facility; or

(3) the public.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.060. DEMOLITION AND RENOVATION ACTIVITIES;

INSPECTIONS. (a) The board may adopt and the department may

enforce rules regarding demolition and renovation activities to

protect the public from asbestos emissions. At a minimum, the

rules must be sufficient to permit the department to obtain

authority from the United States Environmental Protection Agency

to implement and enforce in this state the provisions of 40

C.F.R. Part 61, Subpart M, that establish the requirements

applicable to the demolition and renovation of a facility,

including the disposal of asbestos-containing waste materials.

(b) An employee or agent of the department may enter a facility,

as that term is defined by 40 C.F.R. Section 61.141, to inspect

and investigate conditions to determine compliance with the rules

adopted under Subsection (a).

the rules relating to demolition and renovation activities

adopted under Subsection (a) if:

(1) the project has received an exemption from the United States

Environmental Protection Agency exempting the project from

federal regulations; or

(2) the board determines that:

(A) the project will use methods for the abatement or removal of

asbestos that provide protection for the public health and safety

at least equivalent to the protection provided by the procedures

required under board rule for the abatement or removal of

asbestos; and

(B) the project does not violate federal law.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.454(a),

eff. Sept. 1, 2003.

Sec. 1954.061. MEMORANDUM OF UNDERSTANDING REGARDING CERTAIN

SOLID WASTE FACILITIES. The board and the Texas Natural Resource

Conservation Commission by rule shall adopt a joint memorandum of

understanding regarding the inspection of solid waste facilities

that receive asbestos.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.062. DISSEMINATION OF INFORMATION; EDUCATIONAL

PROGRAMS OR EXHIBITS. (a) The department may:

(1) develop and distribute to the public information regarding

asbestos;

(2) conduct educational programs regarding asbestos; and

(3) assemble or sponsor informational or educational exhibits

regarding asbestos.

(b) The department may respond to a request for information or

assistance relating to asbestos control and abatement from a

federal facility or another facility not included within the

scope of this chapter. The department may collect fees for those

services in the manner provided by Subchapter D, Chapter 12,

Health and Safety Code, for public health services.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.063. COMPLAINTS; RAPID RESPONSE TASK FORCE. (a) The

department shall investigate any complaint involving the control

and abatement of asbestos.

(b) The department shall maintain a rapid response task force to

investigate each complaint received by the department regarding:

(1) possible health hazards to workers or the public; or

(2) contamination of the environment.

not later than 48 hours after the time of the complaint to the

department.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

SUBCHAPTER C. LICENSE AND REGISTRATION REQUIREMENTS

Sec. 1954.101. LICENSE REQUIRED FOR CERTAIN ACTIVITIES. (a)

Unless a person is licensed under this chapter, the person may

not:

(1) remove asbestos from or encapsulate or enclose asbestos in a

public building or supervise that removal, encapsulation, or

enclosure;

(2) perform or supervise maintenance, repair, installation,

renovation, or cleaning that dislodges, breaks, cuts, abrades, or

impinges on asbestos materials in a public building;

(3) perform an asbestos survey or inspection of a public

building, including the sampling and assessment of exposure;

(4) provide plans, instructions, or schedules for the management

of asbestos in a public building;

(5) provide monitoring services for airborne asbestos dust

using:

(A) transmission electron microscopy;

(B) phase contrast microscopy; or

(6) provide an analysis of:

(A) a bulk material sample for asbestos content or asbestos

concentration; or

(B) an airborne sample using:

(i) transmission electron microscopy;

(ii) phase contrast microscopy;

(iii) polarized light microscopy;

(iv) scanning electron microscopy; or

(v) another analytical method approved by the department;

(7) design and prepare abatement project plans and

specifications for asbestos abatement in a public building;

(8) handle an asbestos abatement contract on behalf of another

person;

(9) transport an asbestos-containing material from a facility

for disposal; or

(10) sponsor or certify an initial or refresher training course

required for licensing or registration under this chapter.

(b) In accordance with a schedule established by board rules, a

person may not sponsor or certify an asbestos training course

required for licensing or registration under this chapter unless

the person is licensed as a training sponsor.

receipt of notice of an emergency that results from a sudden

unexpected event that is not a planned renovation or demolition.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.102. LICENSE CLASSIFICATIONS. (a) The board shall

determine and specify the scope, purpose, eligibility,

qualifications, and compliance requirements for each class of

license and any other license necessary for the board to carry

out its duties under this chapter.

(b) A person must be licensed as:

(1) an asbestos abatement supervisor, if the person is an

individual who:

(A) supervises the removal, encapsulation, or enclosure of

asbestos; and

(B) is designated as the competent person, as that term is

defined by 29 C.F.R. Section 1926.1101;

(2) an asbestos abatement contractor, if the person is

designated as the contractor for a project:

(A) in which asbestos abatement, encapsulation, or enclosure

will be conducted; and

(B) that is not designated as a small-scale, short-duration

activity;

(3) an inspector, if the person is an individual who performs an

asbestos survey of a facility;

(4) a management planner, if the person develops a management

plan or an inspection or survey report;

(5) an air-monitoring technician, if the person is a technician

who performs air monitoring for an asbestos abatement project or

related activity;

(6) a consultant, if the person designs specifications for an

asbestos abatement project;

(7) a transporter, if the person engages in the transportation

of asbestos-containing materials from a facility in this state;

(8) a training sponsor, if the person sponsors or certifies an

asbestos training or refresher course.

if the laboratory:

(1) is accredited by the National Voluntary Laboratory and

Analytical Proficiency Accreditation or is enrolled in the EPA

Proficiency Analytical Testing rounds, as appropriate; or

(2) has similar qualifications as required by the board.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.103. REGISTRATION REQUIRED FOR CERTAIN ACTIVITIES. An

individual must be registered as an asbestos abatement worker if

the individual:

(1) removes, encapsulates, encloses, loads, or unloads asbestos

in the scope of employment; or

(2) performs maintenance, repair, installation, renovation, or

cleaning activities that may dislodge, break, cut, abrade, or

impinge on asbestos-containing materials.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.104. RESILIENT FLOOR-COVERING MATERIAL. (a) For

purposes of this section, "resilient floor-covering material"

includes sheet vinyl flooring, resilient tile such as vinyl

composition tile, asphalt tile, rubber tile, and associated

adhesives.

(b) The licensing and registration requirements of this chapter

do not apply to an activity that involves resilient

floor-covering material if the removal of the material is

performed consistently with:

(1) work practices published by the resilient floor-covering

industry; or

(2) other methods determined by the commissioner to provide

public health protection from asbestos exposure.

have completed a training course on the work practices described

by Subsection (b) for a minimum of eight hours.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.455(a),

eff. Sept. 1, 2003.

Sec. 1954.105. APPLICATION FOR LICENSE. (a) An applicant for a

license to engage in asbestos abatement or in another

asbestos-related activity for which a license is required under

this chapter must:

(1) submit an application to the department on a form prescribed

by the department; and

(2) pay to the department a nonrefundable application fee in the

amount set by the board.

(b) An application for a license must be signed by the applicant

and must include, as applicable:

(1) the applicant's business name and address;

(2) a written respiratory protection plan;

(3) a list of the asbestos-related activities that the applicant

has performed during the preceding 12 months; and

(4) additional information the department requires.

the department, as applicable:

(1) a certificate of good standing issued by the secretary of

state, if the applicant is a corporation or other business

entity;

(2) a certificate from the secretary of state authorizing the

applicant to conduct business in this state, if the applicant is

a foreign corporation;

(3) a state sales tax number; and

(4) a certificate of insurance, issued for the purpose of

licensing under this chapter, that demonstrates:

(A) asbestos abatement liability coverage for an asbestos

abatement contractor performing work for hire;

(B) professional liability insurance coverage for errors and

omissions for a consultant, inspector, or asbestos laboratory

performing work for hire;

asbestos-containing materials for purposes of disposal; and

(D) if workers' compensation insurance is required by the owner

of the public building or by the specifications for the

asbestos-related activity, either:

(i) proof of workers' compensation insurance issued by a company

licensed to issue workers' compensation insurance in this state

and written in this state on the Texas form; or

(ii) evidence of self-insurance.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.106. ELIGIBILITY FOR LICENSE. (a) To qualify for a

license under this chapter, an applicant must meet the

requirements of this section and any other requirements

established by the board, including asbestos-related education or

experience requirements.

(b) A person engaged in removing, encapsulating, or enclosing

asbestos must demonstrate to the department that the person:

(1) completed in the preceding 12 months:

(A) a thorough and detailed training course on asbestos removal,

encapsulation, and enclosure approved by the United States

Environmental Protection Agency or the department; and

(B) a physical examination that meets the requirements stated in

the asbestos regulations of the United States Environmental

Protection Agency or the United States Occupational Safety and

Health Administration;

(2) is capable of complying with all applicable standards of the

department, the United States Environmental Protection Agency,

the United States Occupational Safety and Health Administration,

and any other state or federal agency authorized to regulate

activities affecting the control and abatement of asbestos; and

(3) has access to at least one appropriate disposal site for

deposit of any asbestos waste the person generates during the

term of the license.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.107. RESTRICTED LICENSE FOR CERTAIN APPLICANTS. (a)

An individual may apply for a restricted license as an asbestos

abatement supervisor without the experience the board by rule may

require to be licensed as an asbestos abatement supervisor if the

individual:

(1) is an employee of a building owner or manager; and

(2) meets all other qualifications or requirements for a

license.

(b) The authority granted by a license issued under this section

is restricted to supervising those practices and procedures

described by 40 C.F. R. Part 763, Subpart E, Appendix B, relating

to small-scale, short-duration operations, maintenance, and

repair activities involving asbestos-containing materials, for

buildings under the control of the license holder's employer.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.108. APPLICATION FOR REGISTRATION OR RENEWAL;

ELIGIBILITY. (a) An application for registration or the renewal

of registration as an asbestos abatement worker must be made on a

form provided by the department. An application for registration

must be accompanied by a nonrefundable fee set by the board in an

amount not to exceed $50.

(b) The board shall determine the criteria for registration or

the renewal of registration as an asbestos abatement worker.

be conducted in accordance with the physical examination

requirements described by Section 1954.106(b)(1)(B).

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.109. EXAMINATIONS. The board may:

(1) require or authorize the use of standardized examinations

for licensing or registration under this chapter; and

(2) set fees in amounts not to exceed $200 for the

administration of the examinations.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.110. EXAMINATION RESULTS. (a) The department shall

notify each person who takes a licensing or registration

examination under this chapter of the results of the examination

not later than the 30th day after the date the examination is

administered. If an examination is graded or reviewed by a

testing service, the department shall notify the person of the

results of the examination not later than the 14th day after the

date the department receives the results from the testing

service.

(b) If the notice of the results of an examination graded or

reviewed by a testing service will be delayed for more than 90

days after the examination date, the department shall notify the

person of the reason for the delay before the 90th day.

person of the results of the person's examination.

(d) If requested in writing by a person who fails a licensing or

registration examination, the department shall provide to the

person an analysis of the person's performance on the

examination.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.111. TERMS OF LICENSE OR REGISTRATION;

NONASSIGNABILITY. (a) The terms of a license or registration

are subject to amendment or modification by a rule adopted or

order issued under this chapter.

(b) A license or registration may not be assigned to another

person.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.112. REPLACEMENT LICENSE. A license holder may

request a replacement license certificate by completing an

appropriate application.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

SUBCHAPTER D. PROVISIONAL LICENSE OR REGISTRATION

Sec. 1954.151. PROVISIONAL LICENSE OR REGISTRATION. (a) The

department may grant a provisional license or registration to an

applicant for a license or registration in this state who:

(1) has been licensed or registered in good standing to perform

the relevant asbestos-related activity for at least two years in

another jurisdiction, including a foreign country, that has

licensing or registration requirements substantially equivalent

to the requirements of this chapter;

(2) is currently licensed or registered in that jurisdiction;

(3) has passed a national or other examination recognized by the

board relating to the relevant asbestos-related activity, if the

board requires an examination under Section 1954.109 to obtain

the license or registration required to perform that activity;

and

(4) is sponsored by a person licensed under this chapter with

whom the provisional license or registration holder will practice

during the time the person holds the provisional license or

registration.

(b) The department may waive the requirement of Subsection

(a)(4) if the department determines that compliance with the

requirement would be a hardship to the applicant.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.152. TERM OF LICENSE OR REGISTRATION. A provisional

license or registration is valid until the date the department

approves or denies the provisional license or registration

holder's application for a license or registration under

Subchapter C.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.153. ELIGIBILITY FOR LICENSE OR REGISTRATION. The

department shall issue a license or registration under Subchapter

C to a provisional license or registration holder who is eligible

to be licensed or registered under rules adopted under Section

1954.055 or who:

(1) passes the part of the examination under Section 1954.109

that relates to the applicant's knowledge and understanding of

the laws and rules relating to the performance of the relevant

asbestos-related activity in this state, if the board requires an

examination under Section 1954.109 to obtain the license or

registration required to perform that activity;

(2) meets the relevant academic and experience requirements for

the license or registration, as verified by the department; and

(3) satisfies any other applicable license or registration

requirement under this chapter.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.154. DECISION ON APPLICATION. (a) The department

shall approve or deny a provisional license or registration

holder's application for a license or registration not later than

the 180th day after the date the provisional license or

registration is issued.

(b) The department may extend the 180-day period if the

department has not received the results of an examination before

the end of that period.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

SUBCHAPTER E. LICENSE OR REGISTRATION EXPIRATION AND RENEWAL

Sec. 1954.201. ANNUAL LICENSE RENEWAL REQUIRED. (a) A license

issued under this chapter expires on the first anniversary of its

effective date, unless the license is renewed for a one-year term

as provided by this subchapter. A person whose license has

expired may not engage in an activity for which a license is

required until the license is renewed.

(b) The board by rule may adopt a system under which licenses

expire on various dates during the year. For a year in which the

license expiration date is changed, the department shall prorate

license fees on a monthly basis so that each license holder pays

only that portion of the license fee that is allocable to the

number of months during which the license is valid. On renewal of

the license on the new expiration date, the total renewal fee is

payable.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.202. NOTICE OF LICENSE EXPIRATION. At least one month

before a license issued under this chapter expires, the

department shall send by first-class mail to the license holder

at the license holder's last known address a notice that states:

(1) the date on which the license expires;

(2) the date by which the renewal application must be received

by the department for the renewal to be issued and mailed before

the license expires; and

(3) the amount of the renewal fee.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.203. PROCEDURE FOR LICENSE RENEWAL. (a) A person may

renew an unexpired license for an additional one-year term if the

person:

(1) is otherwise entitled to be licensed;

(2) submits to the department a renewal application on the form

required by the department;

(3) pays to the department a nonrefundable renewal fee in an

amount not to exceed the amount of the application fee required

under Section 1954.105(a);

(4) has successfully completed:

(A) the requirements for renewal; and

(B) a current physical examination; and

(5) has complied with any final order resulting from a violation

of this chapter.

(b) A person whose license has been expired for 90 days or less

may renew the license by paying to the department a renewal fee

that is equal to 1-1/2 times the normally required renewal fee.

days but less than one year may renew the license by paying to

the department a renewal fee that is equal to two times the

normally required renewal fee.

(d) A person whose license has been expired for one year or more

may not renew the license. The person may obtain a new license by

complying with the requirements and procedures, including any

examination requirements, for obtaining an original license.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.204. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE

PRACTITIONER. (a) The department may renew without

reexamination an expired license of a person who was licensed in

this state, moved to another state, and is currently licensed and

has been in practice in the other state for the two years

preceding the date of application.

(b) The person must pay to the department a fee that is equal to

two times the normally required renewal fee for the license.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.205. TERM OF REGISTRATION; PROCEDURE FOR REGISTRATION

RENEWAL. (a) The board shall set the term of registration of an

asbestos abatement worker.

(b) The procedures provided by this subchapter for the renewal

of a license apply to the renewal of an asbestos abatement worker

registration.

periodic retraining must submit evidence of that retraining with

the worker's application for renewal.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

SUBCHAPTER F. PRACTICE BY HOLDER OF LICENSE OR REGISTRATION

Sec. 1954.251. RECORDS. (a) A license holder shall keep an

appropriate record of each asbestos-related activity the license

holder performs in a public building. The record must include, as

applicable:

(1) the name and address of each individual who supervised the

asbestos-related activity;

(2) the location and a description of the project and the

approximate amount of asbestos material that was removed or

encapsulated;

(3) the date on which the asbestos-related activity began and

the date on which it was completed;

(4) a summary of the procedures used to comply with all

applicable standards;

(5) the name and address of each disposal site where the

asbestos-containing waste was deposited; and

(6) any other information the department requires.

(b) The license holder shall keep the records required by this

section for at least 30 years, or as long as required by federal

law or regulation.

department at any reasonable time.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.252. NOTICE OF ASBESTOS REMOVAL, ENCAPSULATION, OR

ENCLOSURE. (a) A person engaged in removing asbestos from or

encapsulating or enclosing asbestos in a public building shall

notify the department in writing at least 10 days before the date

the person begins the removal, encapsulation, or enclosure

project according to applicable laws.

(b) Notwithstanding Subsection (a), a person may give the

required notice orally if the removal, encapsulation, or

enclosure project is of an emergency nature.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.253. SUPERVISION BY ASBESTOS ABATEMENT SUPERVISOR.

The removal of asbestos from or the encapsulation or enclosure of

asbestos in a public building must be supervised by an individual

licensed as an asbestos abatement supervisor.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.254. CONFLICT OF INTEREST FOR CERTAIN LICENSE HOLDERS.

A person licensed under this chapter to perform asbestos

inspections or surveys, write management plans, or design

abatement specifications for an asbestos abatement project may

also engage in the removal of asbestos from the building or

facility at which an asbestos abatement project takes place only

if the person is retained to remove the asbestos by a

municipality.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.255. CONFLICT OF INTEREST FOR INDEPENDENT THIRD-PARTY

MONITOR. (a) In this section, "independent third-party monitor"

means a person retained to collect area air samples for analysis

by and for the owner of the building or facility being abated.

(b) An independent third-party monitor may not be employed by

the asbestos abatement contractor to analyze an area sample

collected during the abatement project.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.256. APPROVAL OF ASBESTOS TRAINING; RECORD OF

ATTENDEES. (a) The board shall adopt an asbestos training

approval plan to approve the training required for a person to be

licensed or registered under this chapter. In adopting the plan,

the board shall adopt by reference the Model Accreditation Plan

developed by the United States Environmental Protection Agency.

(b) The board may establish other requirements or change the

number, design, or content of the plan adopted under Subsection

(a) as the board determines desirable, provided that the plan is

at least as comprehensive and stringent as the Model

Accreditation Plan.

course only if the course is approved by the department for that

purpose.

(d) A licensed training sponsor shall provide to the department

in accordance with board rules a record of the persons who attend

an asbestos training course for licensing or registration under

this chapter.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.257. DUTIES REGARDING EMPLOYEE OR AGENT. A person

engaged in an asbestos-related activity shall ensure that each

employee or agent who will come in contact with asbestos or who

will be responsible for the activity:

(1) is familiar with federal, state, and local standards for

asbestos removal, encapsulation, and enclosure;

(2) has completed the applicable training course relating to

asbestos control and abatement developed and approved by the

United States Environmental Protection Agency or the department

under Section 1954.256; and

(3) is supplied with approved equipment in good working order

for the protection of the person, the public, and the

environment.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.258. COMPLIANCE WITH BOARD STANDARDS NOT A DEFENSE TO

CIVIL LIABILITY. Compliance with any minimum standards adopted

by the board under this chapter does not constitute a defense to

a civil action for damages arising from a work activity affecting

asbestos.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.259. SURVEY REQUIRED. (a) In this section, "permit"

means a license, certificate, approval, registration, consent,

permit, or other form of authorization that a person is required

by law, rule, regulation, order, or ordinance to obtain to

perform an action, or to initiate, continue, or complete a

project, for which the authorization is sought.

(b) A municipality that requires a person to obtain a permit

before renovating or demolishing a public or commercial building

may not issue the permit unless the applicant provides:

(1) evidence acceptable to the municipality that an asbestos

survey, as required by this chapter, of all parts of the building

affected by the planned renovation or demolition has been

completed by a person licensed under this chapter to perform a

survey; or

(2) a certification from a licensed engineer or registered

architect, stating that:

(A) 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 this chapter; and

(B) 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.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.456(a), eff.

Sept. 1, 2003.

Sec. 1954.260. DURATION OF ASBESTOS SURVEY. An asbestos survey

performed for a public building as required by this chapter and

any other law is valid if the survey was performed in compliance

with the laws in effect at the time the survey was completed and

the survey identifies any asbestos-containing building material,

the location of that material, and any other asbestos condition

in the building. Any renovation, construction, or other activity

for which an asbestos survey is required shall be conducted

without the requirement of obtaining a new asbestos survey if a

valid asbestos survey exists.

Acts 2003, 78th Leg., ch. 1072, Sec. 1, eff. Sept. 1, 2003.

SUBCHAPTER G. PROHIBITED PRACTICES AND DISCIPLINARY PROCEDURES

Sec. 1954.301. DISCIPLINARY POWERS OF DEPARTMENT. (a) If an

act or omission of a person licensed under this chapter

constitutes grounds prescribed for disciplinary action under

Section 1954.302, the department, after providing the person with

notice and an opportunity for a hearing, shall:

(1) revoke or suspend the person's license;

(2) suspend the license on an emergency basis;

(3) modify the license; or

(4) reprimand the person.

(b) If an act or omission of a person registered under this

chapter constitutes grounds for disciplinary action under Section

1954.303, the department, after providing the person with notice

and an opportunity for a hearing, shall:

(1) refuse to renew the person's registration;

(2) revoke or suspend the registration;

(3) suspend the registration on an emergency basis; or

(4) reprimand the person.

with notice and an opportunity for a hearing, the department may:

(1) revoke or suspend the approval of the course; or

(2) suspend the approval of the course on an emergency basis.

(d) The department may place on probation a person whose license

or registration is suspended. If a suspension is probated, the

department may require the person to:

(1) report regularly to the department on matters that are the

basis of the probation;

(2) limit practice to the areas prescribed by the board; or

(3) continue or review professional education until the person

attains a degree of skill satisfactory to the board in those

areas that are the basis of the probation.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.302. GROUNDS FOR DISCIPLINE OF LICENSE HOLDER. The

board by rule shall adopt the criteria for the department to take

disciplinary action against a license holder under Section

1954.301. At a minimum, the criteria must require disciplinary

action against a license holder who:

(1) commits fraud or deception in obtaining or attempting to

obtain a license or a contract to perform an asbestos-related

activity;

(2) fails at any time to meet the qualifications for a license;

(3) violates a rule adopted under this chapter;

(4) violates an applicable federal or state standard for

asbestos-related activities; or

(5) falsifies or fails to maintain a record of an

asbestos-related activity required by a federal agency or by the

department.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.303. GROUNDS FOR DISCIPLINE OF REGISTERED PERSON. The

department shall take disciplinary action under Section 1954.301

against a person registered under this chapter who:

(1) fraudulently or deceptively assigns, obtains, or attempts to

assign or obtain a registration or the renewal of a registration;

(2) violates:

(A) a federal, state, or local asbestos law or rule; or

(B) an order issued by the board or department.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.304. ACTION BASED ON COMPLAINTS AGAINST ASBESTOS

ABATEMENT SUPERVISOR. (a) If the department receives three

validated complaints against an asbestos abatement supervisor

regarding noncompliance with this chapter, the department shall:

(1) revoke the supervisor's license; and

(2) issue to the supervisor a registration.

(b) A registration issued under this section expires six months

from the date of issuance. The asbestos abatement supervisor may

reapply for a license after the registration expires.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.305. PROCEDURE FOR EMERGENCY SUSPENSION. (a) The

suspension on an emergency basis of a license or registration or

of the approval of an asbestos training course is effective

immediately.

(b) The department shall provide to the person whose license,

registration, or asbestos training course approval is suspended

on an emergency basis an opportunity for a hearing not later than

the 20th day after the date of the suspension.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.306. ADMINISTRATIVE PROCEDURE. A notice and hearing

required under this subchapter and judicial review of a final

administrative decision issued under this subchapter are governed

by Chapter 2001, Government Code, and the board rules for

contested case hearings.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.307. REAPPLICATION FOLLOWING LICENSE REVOCATION OR

SUSPENSION. A person whose license is revoked or suspended may

not reapply for a license until after the period stated in a

schedule established by board rule.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

SUBCHAPTER H. ADMINISTRATIVE PENALTY

Sec. 1954.351. IMPOSITION OF ADMINISTRATIVE PENALTY. The

commissioner may impose an administrative penalty on a person who

violates this chapter or a rule adopted or order issued under

this chapter.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.352. AMOUNT OF PENALTY. (a) The amount of an

administrative penalty may not exceed $10,000 a day for each

violation. Each day a violation continues may be considered a

separate violation for purposes of imposing a penalty.

(b) In determining the amount of the penalty, the commissioner

shall consider:

(1) the seriousness of the violation;

(2) any hazard created to the health and safety of the public;

(3) the person's history of previous violations; and

(4) any other matter that justice may require.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.353. OPPORTUNITY FOR HEARING; ORDER. (a) The

commissioner may impose an administrative penalty under this

subchapter only after the person charged with a violation is

given the opportunity for a hearing.

(b) If a hearing is held, the commissioner shall make findings

of fact and issue a written decision as to:

(1) the occurrence of the violation; and

(2) the amount of any penalty that is warranted.

opportunity for a hearing, the commissioner, after determining

that a violation occurred and the amount of the penalty that is

warranted, may impose a penalty and shall issue an order

requiring the person to pay any penalty imposed.

(d) Not later than the 30th day after the date an order is

issued after determining that a violation occurred, the

commissioner shall inform the person charged with the violation

of the amount of any penalty imposed.

(e) The commissioner may consolidate a hearing under this

section with another proceeding.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.354. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a)

Not later than the 30th day after the date the commissioner's

decision or order becomes final as provided by Section 2001.144,

Government Code, the person shall:

(1) pay the administrative penalty; or

(2) file a petition for judicial review contesting the fact of

the violation, the amount of the penalty, or both.

(b) Within the 30-day period, a person who acts under Subsection

(a)(2) may stay enforcement of the penalty by:

(1) paying the penalty to the commissioner for placement in an

escrow account; or

(2) giving the commissioner a bond in a form approved by the

commissioner that:

(A) is for the amount of the penalty; and

(B) is effective until judicial review of the commissioner's

decision or order is final.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.355. COLLECTION OF PENALTY. At the request of the

commissioner, the attorney general may bring a civil action to

recover an administrative penalty imposed under this subchapter.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.356. JUDICIAL REVIEW. Judicial review of a decision

or order of the commissioner imposing a penalty under this

subchapter is instituted by filing a petition with a district

court in Travis County and is under the substantial evidence rule

as provided by Subchapter G, Chapter 2001, Government Code.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.357. REMITTANCE OF PENALTY AND INTEREST OR RELEASE OF

BOND. If after judicial review the administrative penalty is

reduced or is not upheld by the court, the commissioner shall:

(1) remit the appropriate amount, plus accrued interest, to the

person not later than the 30th day after the date of the

determination, if the person paid the penalty; or

(2) execute a release of the bond, if the person gave a bond.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

SUBCHAPTER I. OTHER PENALTIES AND ENFORCEMENT PROVISIONS

Sec. 1954.401. INJUNCTIVE RELIEF; CIVIL PENALTY. (a) The

commissioner may request the attorney general or the district,

county, or city attorney having jurisdiction to bring a civil

suit for injunctive relief, the assessment and recovery of a

civil penalty, or both, against a person who:

(1) appears to have violated, is violating, or is threatening to

violate this chapter or a rule adopted or order issued under this

chapter; or

(2) owns a public building or is the owner's agent and has

contracted with or otherwise permitted a person who is not

licensed or registered under this chapter to perform in the

building an activity for which a license or registration is

required.

(b) A civil penalty may not exceed $10,000 a day for each

violation. Each day a violation occurs or continues to occur is a

separate violation for purposes of imposing a penalty.

shall consider:

(1) the seriousness of the violation;

(2) any hazard created to the health and safety of the public;

(3) the person's history of previous violations; and

(4) the demonstrated good faith of the person charged with the

violation.

(d) A civil penalty recovered in a suit instituted by the

attorney general under this chapter shall be deposited in the

state treasury. A civil penalty recovered in a suit instituted by

a local government under this chapter shall be paid to the local

government.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

Sec. 1954.402. CRIMINAL PENALTY. (a) A person required to be

licensed under this chapter commits an offense if the person:

(1) removes asbestos from a public building or encapsulates the

asbestos without a license after having been previously assessed

a civil or administrative penalty for removing or encapsulating

asbestos without a license; or

(2) fails to keep records as required by Section 1954.251 after

having been previously assessed a civil or administrative penalty

for failing to keep records.

(b) An offense under this section is a misdemeanor punishable by

a fine not to exceed $20,000, unless the defendant has been

previously convicted under this section, in which event the

offense is punishable by:

(1) a fine not to exceed $25,000;

(2) confinement in jail for not more than two years; or

(3) both the fine and confinement.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,

2003.

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CHAPTER 1954. ASBESTOS HEALTH PROTECTION