2009 Texas Code
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;
(C) the development of an asbestos management plan or response
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;
(C) a private residence;
(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.
(c) A registration fee for an asbestos abatement worker may not
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).
(c) The board may exempt a demolition or renovation project from
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.
(c) The rapid response task force shall investigate a complaint
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
(C) another analytical method approved by the department;
(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.
(c) The department may waive the requirement for a license on
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;
or
(8) a training sponsor, if the person sponsors or certifies an
asbestos training or refresher course.
(c) A laboratory may be licensed as an asbestos laboratory only
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.
(c) A person who removes resilient floor-covering material must
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.
(c) To be issued a license, an applicant must also provide to
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;
(C) liability insurance to transport 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.
(c) A physical examination for an asbestos abatement worker must
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.
(c) The department may require a testing service to notify a
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.
(c) A person whose license has been expired for more than 90
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.
(c) An asbestos abatement worker who is required to complete
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.
(c) The license holder shall make the records available to the
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.
(c) A licensed training sponsor may sponsor an asbestos training
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.
(c) After providing the sponsor of an asbestos training course
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;
or
(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.
(c) If the person charged with a violation fails to exercise the
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.
(c) In determining the amount of a civil penalty, the court
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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