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 1954 - Asbestos Health Protection › Subchapter E. License or Registration Expiration and Renewal › Section 1954.204. Renewal of Expired License by Out-of-State Practitioner

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.
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 1954.205. Term of Registration; Procedure for Registration Renewal

Sec. 1954.205.  TERM OF REGISTRATION;  PROCEDURE FOR REGISTRATION RENEWAL.  (a)  The executive commissioner 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.274, 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 F. Practice by Holder of License or Registration › Section 1954.251. Records

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.
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 F. Practice by Holder of License or Registration › Section 1954.252. Notice of Asbestos Removal, Encapsulation, or Enclosure

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.
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 F. Practice by Holder of License or Registration › Section 1954.253. Supervision by Asbestos Abatement Supervisor

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.
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 F. Practice by Holder of License or Registration › Section 1954.254. Conflict of Interest for Certain License Holders

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.
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 F. Practice by Holder of License or Registration › Section 1954.255. Conflict of Interest for Independent Third-Party Monitor

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.
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 F. Practice by Holder of License or Registration › Section 1954.256. Approval of Asbestos Training; Record of Attendees

Sec. 1954.256.  APPROVAL OF ASBESTOS TRAINING;  RECORD OF ATTENDEES.  (a)  The executive commissioner 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 executive commissioner shall adopt by reference the Model Accreditation Plan developed by the United States Environmental Protection Agency.
(b)  The executive commissioner may establish other requirements or change the number, design, or content of the plan adopted under Subsection (a) as the executive commissioner 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 department 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.275, 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 F. Practice by Holder of License or Registration › Section 1954.257. Duties Regarding Employee or Agent

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.
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 F. Practice by Holder of License or Registration › Section 1954.258. Compliance With Standards Not a Defense to Civil Liability

Sec. 1954.258.  COMPLIANCE WITH STANDARDS NOT A DEFENSE TO CIVIL LIABILITY.  Compliance with any minimum standards adopted by the executive commissioner 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.276, 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 F. Practice by Holder of License or Registration › Section 1954.259. Survey Required

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.
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 F. Practice by Holder of License or Registration › Section 1954.260. Duration of Asbestos Survey

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.
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 G. Prohibited Practices and Disciplinary Procedures › Section 1954.301. Disciplinary Powers of Department

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 department; or
(3)  continue or review professional education until the person attains a degree of skill satisfactory to the department in those areas that are the basis of the probation.
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. 5.277, 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 G. Prohibited Practices and Disciplinary Procedures › Section 1954.302. Grounds for Discipline of License Holder

Sec. 1954.302.  GROUNDS FOR DISCIPLINE OF LICENSE HOLDER.  The executive commissioner 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.278, 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 G. Prohibited Practices and Disciplinary Procedures › Section 1954.303. Grounds for Discipline of Registered Person

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 executive commissioner or department.
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. 5.279, 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 G. Prohibited Practices and Disciplinary Procedures › Section 1954.304. Action Based on Complaints Against Asbestos Abatement Supervisor

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.
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 G. Prohibited Practices and Disciplinary Procedures › Section 1954.305. Procedure for Emergency Suspension

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.
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 G. Prohibited Practices and Disciplinary Procedures › Section 1954.306. Administrative Procedure

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 department rules for contested case hearings.
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. 5.280, 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 G. Prohibited Practices and Disciplinary Procedures › Section 1954.307. Reapplication Following License Revocation or Suspension

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 department 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. 5.281, 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 H. Administrative Penalty › Section 1954.351. Imposition of Administrative Penalty

Sec. 1954.351.  IMPOSITION OF ADMINISTRATIVE PENALTY.  The department 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.282, 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 H. Administrative Penalty › Section 1954.352. Amount of Penalty

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 department 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.282, 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 H. Administrative Penalty › Section 1954.353. Opportunity for Hearing; Order

Sec. 1954.353.  OPPORTUNITY FOR HEARING; ORDER.  (a)  The department 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 department 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 department, 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 department shall inform the person charged with the violation of the amount of any penalty imposed.
(e)  The department may consolidate a hearing under this section with another proceeding.
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. 5.282, 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 H. Administrative Penalty › Section 1954.354. Options Following Decision

Sec. 1954.354.  OPTIONS FOLLOWING DECISION.  (a)  Not later than the 30th day after the date the department'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:
(1)  stay enforcement of the penalty by:
(A)  paying the penalty to the court for placement in an escrow account; or
(B)  posting with the court a supersedeas bond in a form approved by the court that is for the amount of the penalty and is effective until judicial review of the department's decision or order is final; or
(2)  request that the department stay enforcement of the penalty by:
(A)  filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond; and
(B)  sending a copy of the affidavit to the department.
(c)  If the department receives a copy of an affidavit under Subsection (b)(2), the department may file with the court, within five days after the date the copy is received, a contest to the affidavit.  The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true.  The person who files an affidavit has the burden of proving that the person is financially unable to pay the penalty or to give a supersedeas bond.
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. 5.282, 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 H. Administrative Penalty › Section 1954.355. Collection of Penalty

Sec. 1954.355.  COLLECTION OF PENALTY.  At the request of the department, 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.282, 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 H. Administrative Penalty › Section 1954.356. Judicial Review

Sec. 1954.356.  JUDICIAL REVIEW.  Judicial review of a decision or order of the department 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.282, 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 H. Administrative Penalty › Section 1954.357. Remittance of Penalty and Interest or Release of Bond

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 department 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.282, 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 I. Other Penalties and Enforcement Provisions › Section 1954.401. Injunctive Relief; Civil Penalty

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.
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 I. Other Penalties and Enforcement Provisions › Section 1954.402. Criminal Penalty

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.
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 1955 - Lead-Based Paint Abatement › Subchapter A. General Provisions › Section 1955.001. Definitions

Sec. 1955.001.  DEFINITIONS.  In this chapter:
(1)   "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.
(2)  "Department" means the Department of State Health Services.
(3)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
(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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.283, 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 1955 - Lead-Based Paint Abatement › Subchapter A. General Provisions › Section 1955.002. Rules Restricting Advertising or Competitive Bidding

Sec. 1955.002.  RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.  (a)   The executive commissioner 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 executive commissioner may not include in the 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.284, 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 1955 - Lead-Based Paint Abatement › Subchapter B. Certification and Accreditation › Section 1955.051. Certification and Accreditation Program

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 by the executive commissioner 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.285, 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 1955 - Lead-Based Paint Abatement › Subchapter B. Certification and Accreditation › Section 1955.052. Certification Requirement

Sec. 1955.052.  CERTIFICATION REQUIREMENT.  (a)  The executive commissioner 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.286, 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 1955 - Lead-Based Paint Abatement › Subchapter B. Certification and Accreditation › Section 1955.053. Fees

Sec. 1955.053.  FEES.  The executive commissioner by rule may impose a fee to cover the cost of administering the program.  The executive commissioner shall set fees for issuing or renewing a certification or accreditation in amounts designed to allow the department to recover from the certification and accreditation holders all of the department's direct and indirect costs in administering and enforcing 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. 5.287, 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 1955 - Lead-Based Paint Abatement › Subchapter B. Certification and Accreditation › Section 1955.054. Examination Results

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.
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 1955 - Lead-Based Paint Abatement › Subchapter B. Certification and Accreditation › Section 1955.055. Term of Certification or Accreditation; Expiration

Sec. 1955.055.  TERM OF CERTIFICATION OR ACCREDITATION; EXPIRATION.  (a)  A certification or accreditation is valid for two years.
(b)  The executive commissioner 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.
(c)  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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.288, 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 1955 - Lead-Based Paint Abatement › Subchapter B. Certification and Accreditation › Section 1955.056. Notice of Expiration

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.
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 1955 - Lead-Based Paint Abatement › Subchapter B. Certification and Accreditation › Section 1955.057. Certification or Accreditation Renewal

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.
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 1955 - Lead-Based Paint Abatement › Subchapter B. Certification and Accreditation › Section 1955.058. Renewal by Out-of-State Practitioner

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.
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 1955 - Lead-Based Paint Abatement › Subchapter C. Penalties and Enforcement Provisions › Section 1955.101. Disciplinary Action by Department

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 department 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. 5.289, 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 1955 - Lead-Based Paint Abatement › Subchapter C. Penalties and Enforcement Provisions › Section 1955.102. Probation

Sec. 1955.102.  PROBATION.  (a)  The department may place on probation a person whose certification or accreditation is suspended.
(b)  The department 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 department; or
(3)  continue or review professional education until the person attains a degree of skill satisfactory to the department in those areas that are the basis of the probation.
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. 5.290, 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 1955 - Lead-Based Paint Abatement › Subchapter C. Penalties and Enforcement Provisions › Section 1955.103. Administrative Penalty

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 executive commissioner 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.291, 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 1955 - Lead-Based Paint Abatement › Subchapter C. Penalties and Enforcement Provisions › Section 1955.104. Injunctive Relief; Civil Penalty

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.
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 1955 - Lead-Based Paint Abatement › Subchapter C. Penalties and Enforcement Provisions › Section 1955.105. Criminal Penalty

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.