2009 Texas Code
OCCUPATIONS CODE
TITLE 12. PRACTICES AND TRADES RELATED TO WATER, HEALTH, AND SAFETY
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.