Texas Occupations Code Title 12, Chapter 1954 - Asbestos Health Protection

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 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,

SUBCHAPTER B POWERS AND DUTIES OF EXECUTIVE COMMISSIONER AND DEPARTMENT

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER C LICENSE AND REGISTRATION REQUIREMENTS

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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...
• Texas Section 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)...

SUBCHAPTER D PROVISIONAL LICENSE OR REGISTRATION

• Texas Section 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....
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER E LICENSE OR REGISTRATION EXPIRATION AND RENEWAL

• Texas Section 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...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER F PRACTICE BY HOLDER OF LICENSE OR REGISTRATION

• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...

SUBCHAPTER G PROHIBITED PRACTICES AND DISCIPLINARY PROCEDURES

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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)...
• Texas Section 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,...

SUBCHAPTER H ADMINISTRATIVE PENALTY

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER I OTHER PENALTIES AND ENFORCEMENT PROVISIONS

• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...

Last modified: September 28, 2016