CHAPTER 1955. LEAD-BASED PAINT ABATEMENT
OCCUPATIONS CODE
TITLE 12. PRACTICES AND TRADES RELATED TO WATER, HEALTH, AND
SAFETY
SUBTITLE B. PRACTICES RELATED TO HEALTH AND SAFETY
CHAPTER 1955. LEAD-BASED PAINT ABATEMENT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1955.001. DEFINITIONS. In this chapter:
(1) "Board" means the Texas Board of Health.
(2) "Child-occupied facility" means a building or part of a
building constructed before 1978, including a day-care center,
preschool, or kindergarten classroom, that is visited regularly
by the same child, six years of age or younger, at least two days
in any calendar week if the visits are for at least:
(A) three hours each day; and
(B) 60 hours each year.
(3) "Department" means the Texas Department of Health.
(4) "Federal law and rules" means:
(A) Title IV, Toxic Substances Control Act (15 U.S.C. Section
2681 et seq.), and the rules adopted by the United States
Environmental Protection Agency under that law for authorization
of state programs;
(B) any regulations or requirements adopted by the United States
Department of Housing and Urban Development regarding eligibility
for grants to states and local governments; and
(C) any other requirements adopted by a federal agency with
jurisdiction over lead hazards.
(5) "Lead-based paint activity" means inspection, testing, risk
assessment, risk reduction, lead abatement project design or
planning, abatement or removal, or creation of lead-based paint
hazards.
(6) "Person" means an individual, corporation, company,
contractor, association, firm, partnership, joint stock company,
foundation, institution, trust, society, union, or any other
association of individuals.
(7) "Target housing" means any housing constructed before 1978,
other than:
(A) housing for the elderly or persons with disabilities, unless
a child six years of age or younger resides or is expected to
reside in the housing; or
(B) a dwelling without bedrooms.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003.
Sec. 1955.002. RULES RESTRICTING ADVERTISING OR COMPETITIVE
BIDDING. (a) The board may not adopt rules restricting
advertising or competitive bidding by a certified or accredited
person except to prohibit false, misleading, or deceptive
practices.
(b) The board may not include in its rules to prohibit false,
misleading, or deceptive practices a rule that:
(1) restricts the use of any advertising medium;
(2) restricts the use of a certified or accredited person's
personal appearance or voice in an advertisement;
(3) relates to the size or duration of an advertisement by the
certified or accredited person; or
(4) restricts the certified or accredited person's advertisement
under a trade name.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003.
SUBCHAPTER B. CERTIFICATION AND ACCREDITATION
Sec. 1955.051. CERTIFICATION AND ACCREDITATION PROGRAM. (a)
The department shall establish a program in compliance with
federal law and rules for:
(1) certification of a person involved in a lead-based paint
activity in target housing or in a child-occupied facility; and
(2) accreditation of a training provider.
(b) The program may not exceed the minimum requirements of
federal law and rules for authorization of a state program and
receipt of federal funding by a state or local government.
(c) The department shall make any changes to the program that
are:
(1) consistent with this chapter; and
(2) necessary to comply with federal law and rules.
(d) Rules adopted under this section must:
(1) set minimum training requirements for use by accredited
training providers;
(2) set standards for the reliability, effectiveness, and safety
of lead-based paint activities in target housing;
(3) set standards for accrediting training providers;
(4) require the use of certified and accredited personnel in a
lead-based paint activity in target housing or in a
child-occupied facility;
(5) be revised as necessary to:
(A) comply with federal law and rules; and
(B) maintain eligibility for federal funding;
(6) facilitate reciprocity and communication with other states
having a certification and accreditation program;
(7) provide for the revocation of the certification or
accreditation of a person certified or accredited by the
department; and
(8) provide for financial assurance for a person certified or
accredited by the department.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003.
Sec. 1955.052. CERTIFICATION REQUIREMENT. (a) The board by
rule may require a person involved in a lead-based paint activity
in target housing or a public area that the department determines
creates a public health hazard to be certified. The department
shall delay implementation of the certification requirement for
six months after the date the rule is adopted.
(b) A rule adopted under this section must be consistent with
federal law and rules.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003.
Sec. 1955.053. FEES. The department may impose a fee to cover
the cost of administering the program.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003.
Sec. 1955.054. EXAMINATION RESULTS. (a) Not later than the
30th day after the date a person takes any certification or
accreditation examination under this chapter, the department
shall notify the person of the examination results. If an
examination is graded or reviewed by a testing service, the
department shall notify the person of the examination results not
later than the 14th day after the date the department receives
the results from the testing service.
(b) If 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.
(c) The department may require a testing service to notify a
person of the person's examination results.
(d) If requested in writing by a person who fails an
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. 1955.055. CERTIFICATION OR ACCREDITATION EXPIRATION. (a)
The board by rule may adopt a system under which certifications
or accreditations expire on various dates during the year. For
the year in which the expiration date is changed, the department
shall prorate certification or accreditation fees on a monthly
basis so that each certified or accredited person pays only that
portion of the certification or accreditation fee that is
allocable to the number of months during which the certification
or accreditation is valid. On renewal of the certification or
accreditation on the new expiration date, the total certification
or accreditation renewal fee is payable.
(b) A person whose certification or accreditation has expired
may not engage in activities that require certification or
accreditation until the certification or accreditation has been
renewed.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003.
Sec. 1955.056. NOTICE OF EXPIRATION. Not later than the 30th
day before the expiration date of a person's certification or
accreditation, the department shall send written notice of the
impending expiration to the person at the person's last known
address according to department records.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003.
Sec. 1955.057. CERTIFICATION OR ACCREDITATION RENEWAL. (a) A
person who is otherwise eligible to renew a certification or
accreditation may renew an unexpired certification or
accreditation by paying the required renewal fee to the
department before the expiration date of the certification or
accreditation.
(b) A person whose certification or accreditation has been
expired for 90 days or less may renew the certification or
accreditation by paying to the department a renewal fee that is
equal to 1-1/2 times the normally required renewal fee.
(c) A person whose certification or accreditation has been
expired for more than 90 days but less than one year may renew
the certification or accreditation by paying to the department a
renewal fee that is equal to two times the normally required
renewal fee.
(d) A person whose certification or accreditation has been
expired for one year or more may not renew the certification or
accreditation. The person may be recertified or reaccredited by
complying with the requirements and procedures, including any
examination requirements, for obtaining an original certification
or accreditation.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003.
Sec. 1955.058. RENEWAL BY OUT-OF-STATE PRACTITIONER. (a) The
department may renew without reexamination an expired
certification or accreditation of a person who was certified or
accredited in this state, moved to another state, and is
currently certified or accredited and has been in practice in the
other state for the two years preceding the date the person
applies for renewal.
(b) The person must pay to the department a fee that is equal to
two times the normally required renewal fee.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003.
SUBCHAPTER C. PENALTIES AND ENFORCEMENT PROVISIONS
Sec. 1955.101. DISCIPLINARY ACTION BY DEPARTMENT. The
department shall revoke, suspend, or refuse to renew a
certification or accreditation or shall reprimand a certified or
accredited person for a violation of this chapter or a board
rule.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003.
Sec. 1955.102. PROBATION. (a) The board may place on probation
a person whose certification or accreditation is suspended.
(b) The board may require a person whose certification or
accreditation suspension is probated 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. 1955.103. ADMINISTRATIVE PENALTY. (a) The department may
impose an administrative penalty on a person who violates this
chapter or a rule adopted under this chapter. The amount of the
penalty may not exceed $5,000 for each day of the violation.
(b) The board shall adopt rules relating to the imposition and
collection of an administrative penalty.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003.
Sec. 1955.104. INJUNCTIVE RELIEF; CIVIL PENALTY. (a) If it
appears that a person has violated, is violating, or is
threatening to violate this chapter or a rule adopted or
certification issued under this chapter, the state may bring an
action in the manner prescribed by Section 7.105(a), Water Code,
for injunctive relief, to recover a civil penalty, or for both
injunctive relief and a civil penalty.
(b) Venue for an action brought under this section is in the
county prescribed by Section 7.105(c), Water Code.
(c) The amount of a civil penalty imposed under this section may
not exceed:
(1) $2,000 for the first violation; or
(2) $10,000 for a subsequent violation.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003.
Sec. 1955.105. CRIMINAL PENALTY. (a) A person commits an
offense if:
(1) the person knowingly violates this chapter or a rule adopted
or certification issued under this chapter; and
(2) the violation endangers the public health and safety.
(b) An offense under this section is a misdemeanor punishable
by:
(1) a fine not to exceed $10,000;
(2) confinement for a term not to exceed six months; or
(3) both the fine and the confinement.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003.