reglab/housing_qa huggingface dataset:
TX Occ Code § 1954.052 (2021)
2021 Texas Statutes|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 B. Powers and Duties of Executive Commissioner and Department|Section 1954.052. Rules Regarding Asbestos Concentration Levels

Sec. 1954.052.  RULES REGARDING ASBESTOS CONCENTRATION LEVELS.  (a)  The executive commissioner 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 executive commissioner may not by rule 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.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.255, eff. April 2, 2015.|
TX Occ Code § 1954.053 (2021)
2021 Texas Statutes|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 B. Powers and Duties of Executive Commissioner and Department|Section 1954.053. Rules Regarding Performance Standards and Work Practices

Sec. 1954.053.  RULES REGARDING PERFORMANCE STANDARDS AND WORK PRACTICES.  The executive commissioner 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.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.256, eff. April 2, 2015.|
TX Occ Code § 1954.054 (2021)
2021 Texas Statutes|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 B. Powers and Duties of Executive Commissioner and Department|Section 1954.054. Rules Restricting Advertising or Competitive Bidding

Sec. 1954.054.  RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.  (a)   The executive commissioner 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 adopting rules to prohibit a false, misleading, or deceptive practice, the executive commissioner 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.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.257, eff. April 2, 2015.|
TX Occ Code § 1954.055 (2021)
2021 Texas Statutes|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 B. Powers and Duties of Executive Commissioner and Department|Section 1954.055. Reciprocity Agreement

Sec. 1954.055.  RECIPROCITY AGREEMENT.  The executive commissioner 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.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.258, eff. April 2, 2015.|
TX Occ Code § 1954.056 (2021)
2021 Texas Statutes|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 B. Powers and Duties of Executive Commissioner and Department|Section 1954.056. Fees

Sec. 1954.056.  FEES.  (a)  The executive commissioner shall set fees under this chapter in amounts that are reasonable and necessary.  The executive commissioner shall set fees for issuing or renewing a license in amounts designed to allow the department to recover from the license holders all of the department's direct and indirect costs in administering and enforcing this chapter.(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 5.318(12), eff. April 2, 2015.(c)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 5.318(12), eff. April 2, 2015.(d)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 5.318(12), eff. April 2, 2015.(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.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.259, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.318(12), eff. April 2, 2015.|
TX Occ Code § 1954.057 (2021)
2021 Texas Statutes|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 B. Powers and Duties of Executive Commissioner and Department|Section 1954.057. General Investigative Authority

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.|
TX Occ Code § 1954.058 (2021)
2021 Texas Statutes|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 B. Powers and Duties of Executive Commissioner and Department|Section 1954.058. Authority to Contract for Inspections

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.|
TX Occ Code § 1954.059 (2021)
2021 Texas Statutes|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 B. Powers and Duties of Executive Commissioner and Department|Section 1954.059. Asbestos Site Inspections

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 department 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.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.260, eff. April 2, 2015.|
TX Occ Code § 1954.060 (2021)
2021 Texas Statutes|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 B. Powers and Duties of Executive Commissioner and Department|Section 1954.060. Demolition and Renovation Activities; Inspections

Sec. 1954.060.  DEMOLITION AND RENOVATION ACTIVITIES;  INSPECTIONS.  (a)  The executive commissioner 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 department 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 department 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 department 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.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.261, eff. April 2, 2015.|
TX Occ Code § 1954.061 (2021)
2021 Texas Statutes|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 B. Powers and Duties of Executive Commissioner and Department|Section 1954.061. Memorandum of Understanding Regarding Certain Solid Waste Facilities

Sec. 1954.061.  MEMORANDUM OF UNDERSTANDING REGARDING CERTAIN SOLID WASTE FACILITIES.  The executive commissioner and the Texas Commission on Environmental Quality 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.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.262, eff. April 2, 2015.|
TX Occ Code § 1954.062 (2021)
2021 Texas Statutes|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 B. Powers and Duties of Executive Commissioner and Department|Section 1954.062. Dissemination of Information; Educational Programs or Exhibits

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.|
TX Occ Code § 1954.063 (2021)
2021 Texas Statutes|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 B. Powers and Duties of Executive Commissioner and Department|Section 1954.063. Complaints; Rapid Response Task Force

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.|
TX Occ Code § 1954.101 (2021)
2021 Texas Statutes|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 C. License and Registration Requirements|Section 1954.101. License Required for Certain Activities

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 department 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.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.263, eff. April 2, 2015.|
TX Occ Code § 1954.102 (2021)
2021 Texas Statutes|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 C. License and Registration Requirements|Section 1954.102. License Classifications

Sec. 1954.102.  LICENSE CLASSIFICATIONS.  (a)  The executive commissioner shall determine and specify the scope, purpose, eligibility, qualifications, and compliance requirements for each class of license and any other license necessary for the executive commissioner and department to carry out their 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 executive commissioner.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.264, eff. April 2, 2015.|
TX Occ Code § 1954.103 (2021)
2021 Texas Statutes|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 C. License and Registration Requirements|Section 1954.103. Registration Required for Certain Activities

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.|
TX Occ Code § 1954.104 (2021)
2021 Texas Statutes|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 C. License and Registration Requirements|Section 1954.104. Resilient Floor-Covering Material

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.|
TX Occ Code § 1954.105 (2021)
2021 Texas Statutes|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 C. License and Registration Requirements|Section 1954.105. Application for License

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 executive commissioner by rule.(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.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.265, eff. April 2, 2015.|
TX Occ Code § 1954.106 (2021)
2021 Texas Statutes|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 C. License and Registration Requirements|Section 1954.106. Eligibility for License

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 executive commissioner, 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.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.266, eff. April 2, 2015.|