reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1953 - Sanitarians › Subchapter C. Certificate of Registration › Section 1953.104. Issuance of Certificate: Professional Sanitarian; Term

Sec. 1953.104.  ISSUANCE OF CERTIFICATE: PROFESSIONAL SANITARIAN; TERM.  (a)  The department shall issue a certificate of registration as a professional sanitarian to a person who:
(1)  applies in the manner and on the form prescribed by the executive director;
(2)  pays the registration fee set by the commission by rule;
(3)  meets the eligibility requirements prescribed by Section 1953.102; and
(4)  passes an examination under Subchapter D.
(b)  A certificate of registration is valid for two years.
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. 5.243, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.271, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1953 - Sanitarians › Subchapter C. Certificate of Registration › Section 1953.105. Issuance of Certificate: Sanitarian in Training

Sec. 1953.105.  ISSUANCE OF CERTIFICATE:  SANITARIAN IN TRAINING.  (a)  The department shall issue a certificate of registration as a sanitarian in training to a person who:
(1)  is employed in sanitation;
(2)  meets the eligibility requirements prescribed by Section 1953.102, other than the requirements relating to experience;
(3)  pays a registration fee prescribed by the commission by rule for a sanitarian in training; and
(4)  passes an examination under Subchapter D.
(b)  A certificate issued under this section is valid for a period not to exceed two years after the date of issuance.
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. 5.244, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.272, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1953 - Sanitarians › Subchapter C. Certificate of Registration › Section 1953.106. Renewal of Certificate

Sec. 1953.106.  RENEWAL OF CERTIFICATE. To renew a certificate of registration under this chapter, a professional sanitarian must:
(1)  pay to the department a renewal fee prescribed by the commission by rule; and
(2)  provide proof of completion of any applicable continuing education requirements prescribed by the commission by rule.
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. 5.245, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.274, eff. September 1, 2017.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.298(41), eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.20, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1953 - Sanitarians › Subchapter D. Examination › Section 1953.151. Examination

Sec. 1953.151.  EXAMINATION.  (a)  To obtain a certificate of registration under this chapter, an applicant must pass a written examination prescribed by the department that provides evidence satisfactory to the department that the applicant is qualified for registration under this chapter.
(b)  An applicant for a certificate of registration may not take the examination unless the applicant pays the examination fee prescribed by the commission by rule.
(c)  In evaluating an applicant's performance on the examination, the department shall carefully consider the applicant's knowledge and understanding of the principles of sanitation and the physical, biological, and social sciences.
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. 5.246, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.275, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1953 - Sanitarians › Subchapter E. Certificate Denial and Disciplinary Procedures › Section 1953.201. Denial of Certificate; Disciplinary Action

Sec. 1953.201.  DENIAL OF CERTIFICATE; DISCIPLINARY ACTION.  (a)  The commission or executive director may deny a person's application for a certificate of registration if:
(1)  the person's certificate or license to engage in a profession in this state or elsewhere has been revoked for unprofessional conduct, fraud, deceit, negligence, or misconduct in the practice of the profession; or
(2)  satisfactory proof is presented to the commission or executive director establishing that the person has been found guilty of unprofessional conduct, fraud, deceit, negligence, or misconduct in the practice of a profession.
(b)  The commission or executive director may suspend or revoke a certificate of registration if the certificate holder:
(1)  practiced fraud or deceit in obtaining the certificate; or
(2)  acted in a manner constituting gross negligence, incompetency, or misconduct in the practice of sanitation.
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. 5.246, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.276, eff. September 1, 2017.
2023 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 A. General Provisions › Section 1954.001. Short Title

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.
2023 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 A. General Provisions › Section 1954.002. Definitions

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)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 5.318(11), eff. April 2, 2015.
(7)  "Commissioner" means the commissioner of state health services.
(8)  "Department" means the Department of State Health Services.
(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.
(10-a)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
(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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.252, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.318(11), eff. April 2, 2015.
2023 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 1954.051. General Rulemaking Authority

Sec. 1954.051.  GENERAL RULEMAKING AUTHORITY.  The executive commissioner shall adopt substantive and procedural rules as necessary or desirable for the executive commissioner, 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.254, eff. April 2, 2015.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 1954.107. Restricted License for Certain Applicants

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 executive commissioner 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.267, eff. April 2, 2015.
2023 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 1954.108. Application for Registration or Renewal; Eligibility

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 executive commissioner by rule.
(b)  The executive commissioner 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.268, eff. April 2, 2015.
2023 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 1954.109. Examinations

Sec. 1954.109.  EXAMINATIONS.  The executive commissioner may:
(1)  require or authorize the use of standardized examinations for licensing or registration under this chapter; and
(2)  set fees for the administration of the examinations.
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. 5.269, eff. April 2, 2015.
2023 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 1954.110. Examination Results

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.
2023 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 1954.111. Terms of License or Registration; Nonassignability

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.
2023 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 1954.112. Replacement License

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.
2023 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 D. Provisional License or Registration › Section 1954.151. 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 executive commissioner relating to the relevant asbestos-related activity, if the executive commissioner 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.270, eff. April 2, 2015.
2023 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 D. Provisional License or Registration › Section 1954.152. Term of License or Registration

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.
2023 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 D. Provisional License or Registration › Section 1954.153. Eligibility for License or Registration

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 executive commissioner 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.271, eff. April 2, 2015.
2023 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 D. Provisional License or Registration › Section 1954.154. Decision on Application

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.
2023 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 E. License or Registration Expiration and Renewal › Section 1954.201. License Expiration and Renewal

Sec. 1954.201.  LICENSE EXPIRATION AND RENEWAL.  (a)  A license issued under this chapter expires on the second anniversary of its effective date and may be renewed 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 executive commissioner 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.272, eff. April 2, 2015.
2023 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 E. License or Registration Expiration and Renewal › Section 1954.202. Notice of License Expiration

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.
2023 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 E. License or Registration Expiration and Renewal › Section 1954.203. Procedure for License Renewal

Sec. 1954.203.  PROCEDURE FOR LICENSE RENEWAL.  (a)  A person may renew an unexpired license for an additional two-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;
(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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.273, eff. April 2, 2015.