OCCUPATIONS CODE CHAPTER 1954. ASBESTOS HEALTH PROTECTION A Asbestos Means

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

Sec. 1954.001. SHORT TITLE. This chapter may be present cited as the Texas Asbestos Health Protection Act.

Added through Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.

Sec. 1954.002. DEFINITIONS. In this chapter:

(1) "Air monitoring" way the collection about airborne samples appropriate to analysis about asbestos fibers.

(2) "Asbestos" means:

(A) an asbestiform variety about chrysotile, amosite, crocidolite, tremolite, anthophyllite, or actinolite; or

(B) a material that contains one percent or extra about a substance described through Paragraph A.

(3) "Asbestos abatement" way a removal, encapsulation, or enclosure about asbestos to reduce or eliminate or that has the effect about reducing or eliminating:

(A) a application about asbestos fibers; or

(B) an asbestos-containing material.

(4) "Asbestos-related activity" means:

(A) the removal, encapsulation, or enclosure about asbestos;

(B) the presentation about an asbestos survey;

(C) the development about an asbestos management scheme or answer action;

(D) the collection or analysis about an asbestos sample; or

(E) the presentation about an extra action appropriate to which a permit is required below this chapter.

(5) "Asbestos removal" way an move that disturbs, dislodges, strips, or or takes away asbestos fibers.

(6) Repealed through Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 5.318(11), eff. April 2, 2015.

(7) "Commissioner" way the commissioner about nation state services.

(8) "Department" way the Department about State Health Services.

(9) "Encapsulation" way a manner about government about asbestos fibers inside which the surface about an asbestos-containing material is penetrated through or covered with a coating willing appropriate to that purpose.

(10) "Enclosure" way the building about an airtight wall including ceiling around an asbestos-containing material.

(10-a) "Executive commissioner" way the administrator commissioner about the Health including Human Services Commission.

(11) "Public building" way a house worn or to be present worn appropriate to a purpose that involves people entry or occupancy including includes a house that is free at any time, with through groundwork appropriate to actual demolition. The word does not include:

(A) an industrial means to which entry is controlled principally to employees about the means because about a procedure or function that is hazardous to human state or safety;

(B) a federal house or installation;

(C) a private residence;

(D) an room house that has not extra than well dwelling units; or

(E) a manufacturing means or house that is piece about a means to which entry is controlled to workers including invited guests below controlled conditions.

Added through 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.

SUBCHAPTER B. POWERS AND DUTIES OF EXECUTIVE COMMISSIONER AND DEPARTMENT

Sec. 1954.051. GENERAL RULEMAKING AUTHORITY. The administrator commissioner shall adopt substantive including procedural rules as necessary or useful appropriate to the administrator commissioner, the department, including the commissioner to release their powers including duties below this chapter.

Added through 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.

Sec. 1954.052. RULES REGARDING ASBESTOS CONCENTRATION LEVELS. (a) The administrator commissioner may adopt rules defining the highest airborne asbestos concentrations that are:

(1) permissible outer about a regulated containment area through an decrease activity; and

(2) satisfactory appropriate to latest clearance.

(b) The administrator commissioner may not through order identify any level about asbestos application as a safe vulnerability level because any vulnerability to airborne asbestos is considered to involve some risk.

Added through 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.

Sec. 1954.053. RULES REGARDING PERFORMANCE STANDARDS AND WORK PRACTICES. The administrator commissioner may adopt rules specifying:

(1) presentation standards at meanest as stringent as fitting federal standards; and

(2) be employed practices that affect asbestos extraction or encapsulation inside a people building.

Added through 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.

Sec. 1954.054. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING. (a) The administrator commissioner may not adopt a order restricting marketing or competitive order through a person licensed or registered below this chapter except to prohibit a false, misleading, or false practice.

(b) In adopting rules to prohibit a false, misleading, or false practice, the administrator commissioner may not involve a order that:

(1) restricts the employ about any medium appropriate to advertising;

(2) restricts the employ about the personal look or tone about the person inside an advertisement;

(3) relates to the size or time about an advertisement through the person; or

(4) restricts the person's advertisement below a trade name.

Added through 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.

Sec. 1954.055. RECIPROCITY AGREEMENT. The administrator commissioner may adopt rules below this chapter to effect reciprocity agreements with more states.

Added through 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.

Sec. 1954.056. FEES. (a) The administrator commissioner shall set fees below this chapter inside amounts that are reasonable including necessary. The administrator commissioner shall set fees appropriate to issuing or renewing a permit inside amounts designed to allow the section to recover from the permit holders everything about the department's direct including indirect costs inside administering including enforcing this chapter.

(b) Repealed through Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 5.318(12), eff. April 2, 2015.

(c) Repealed through Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 5.318(12), eff. April 2, 2015.

(d) Repealed through Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 5.318(12), eff. April 2, 2015.

(e) The fees together through the section below this chapter shall be present deposited to the honour about the asbestos extraction licensure reserve description inside the widespread revenue fund. The fees may be present worn one through the section appropriate to the purposes about this chapter. Not extra than 25 percent about the fees together may be present applied appropriate to administrative costs necessary to implement this chapter. The remainder shall be present worn appropriate to enforcement people necessary to examine conformity with this chapter.

Added through 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.

Sec. 1954.057. GENERAL INVESTIGATIVE AUTHORITY. (a) The section may conduct any examination or cause the production about any documentary or more evidence that the section considers necessary to determine whether a permit should be:

(1) issued, delayed, or denied; or

(2) modified, suspended, or revoked.

(b) The section may require extra written information including assurances from the entrant or permit bearer at any time after the filing about an application appropriate to a permit including before the end about the license.

Added through Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.

Sec. 1954.058. AUTHORITY TO CONTRACT FOR INSPECTIONS. The section may deal with any person to perform inspections necessary to carry out this chapter.

Added through Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.

Sec. 1954.059. ASBESTOS SITE INSPECTIONS. (a) The section shall inspect:

(1) an asbestos decrease contractor through an decrease project at meanest annually; and

(2) more licensed organizations inside accordance with section rules.

(b) The section shall require a house or means possessor or the owner's official representative to perfect an immediate examination appropriate to asbestos provided the section determines after an asbestos ground examination that there appears to be present a jeopardy or potential jeopardy to:

(1) the occupants about the building;

(2) workers inside the house or facility; or

(3) the public.

Added through 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.

Sec. 1954.060. DEMOLITION AND RENOVATION ACTIVITIES; INSPECTIONS. (a) The administrator commissioner may adopt including the section may carry out rules regarding knocking down including repair activities to protect the people from asbestos emissions. At a minimum, the rules necessity be present enough to admit the section to gain powers that be from the United States Environmental Protection Agency to implement including carry out inside this nation the provisions about 40 C.F.R. Part 61, Subpart M, that found the requirements fitting to the knocking down including repair about a facility, with the disposal about asbestos-containing throw away materials.

(b) An worker or agent about the section may enter a facility, as that word is defined through 40 C.F.R. Section 61.141, to examine including examine conditions to determine conformity with the rules adopted below Subsection (a).

(c) The section may exempt a knocking down or repair project from the rules relating to knocking down including repair activities adopted below 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 section determines that:

(A) the project will employ methods appropriate to the decrease or extraction about asbestos that supply charge appropriate to the people state including safety at meanest equivalent to the charge provided through the procedures required below section order appropriate to the decrease or extraction about asbestos; and

(B) the project does not violate federal law.

Added through Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003. Amended through 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.

Sec. 1954.061. MEMORANDUM OF UNDERSTANDING REGARDING CERTAIN SOLID WASTE FACILITIES. The administrator commissioner including the Texas Commission supported by Environmental Quality through order shall adopt a joint agreement about understanding regarding the examination about solid throw away facilities that receive asbestos.

Added through 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.

Sec. 1954.062. DISSEMINATION OF INFORMATION; EDUCATIONAL PROGRAMS OR EXHIBITS. (a) The section may:

(1) develop including distribute to the people information regarding asbestos;

(2) conduct educational programs regarding asbestos; and

(3) assemble or back informational or educational exhibits regarding asbestos.

(b) The section may respond to a request appropriate to information or backing relating to asbestos government including decrease from a federal means or an extra means not included within the opportunity about this chapter. The section may collect fees appropriate to those services inside the style provided through Subchapter D, Chapter 12, Health including Safety Code, appropriate to people state services.

Added through Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.

Sec. 1954.063. COMPLAINTS; RAPID RESPONSE TASK FORCE. (a) The section shall examine any complaint involving the government including decrease about asbestos.

(b) The section shall maintain a rapid answer duty force to examine each complaint received through the section regarding:

(1) possible state hazards to workers or the public; or

(2) contamination about the environment.

(c) The rapid answer duty force shall examine a complaint not after than 48 hours after the time about the complaint to the department.

Added through Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.

SUBCHAPTER C. LICENSE AND REGISTRATION REQUIREMENTS

Sec. 1954.101. LICENSE REQUIRED FOR CERTAIN ACTIVITIES. (a) Unless a person is licensed below this chapter, the person may not:

(1) remove asbestos from or sum up or enclose asbestos inside a people house or observe that removal, encapsulation, or enclosure;

(2) perform or observe maintenance, repair, installation, renovation, or cleaning that dislodges, breaks, cuts, abrades, or impinges supported by asbestos materials inside a people building;

(3) perform an asbestos study or examination about a people building, with the sampling including analysis about exposure;

(4) supply plans, instructions, or schedules appropriate to the management about asbestos inside a people building;

(5) supply monitoring services appropriate to airborne asbestos dust using:

(A) transmission electron microscopy;

(B) phase opposition microscopy; or

(C) an extra analytical manner approved through the department;

(6) supply an analysis of:

(A) a bulk material sample appropriate to asbestos subject matter or asbestos concentration; or

(B) an airborne sample using:

(i) transmission electron microscopy;

(ii) phase opposition microscopy;

(iii) polarized light microscopy;

(iv) scanning electron microscopy; or

(v) an extra analytical manner approved through the department;

(7) describe including prepare decrease project plans including specifications appropriate to asbestos decrease inside a people building;

(8) handle an asbestos decrease deal supported by behalf about an extra person;

(9) transport an asbestos-containing material from a means appropriate to disposal; or

(10) back or confirm an initial or refresher training course required appropriate to licensing or registration below this chapter.

(b) In accordance with a plan established through section rules, a person may not back or confirm an asbestos training course required appropriate to licensing or registration below this chapter unless the person is licensed as a training sponsor.

(c) The section may waive the demand appropriate to a permit supported by receipt about advertisement about an crisis that results from a sudden unforeseen event that is not a planned repair or demolition.

Added through 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.

Sec. 1954.102. LICENSE CLASSIFICATIONS. (a) The administrator commissioner shall determine including specify the scope, purpose, eligibility, qualifications, including conformity requirements appropriate to each class about permit including any more permit necessary appropriate to the administrator commissioner including section to carry out their duties below this chapter.

(b) A person necessity be present licensed as:

(1) an asbestos decrease supervisor, provided the person is an individual who:

(A) supervises the removal, encapsulation, or enclosure about asbestos; and

(B) is designated as the competent person, as that word is defined through 29 C.F.R. Section 1926.1101;

(2) an asbestos decrease contractor, provided the person is designated as the contractor appropriate to a project:

(A) inside which asbestos abatement, encapsulation, or enclosure will be present conducted; and

(B) that is not designated as a small-scale, short-duration activity;

(3) an inspector, provided the person is an individual who performs an asbestos study about a facility;

(4) a management planner, provided the person develops a management scheme or an examination or study report;

(5) an air-monitoring technician, provided the person is a technician who performs air monitoring appropriate to an asbestos decrease project or associated activity;

(6) a consultant, provided the person designs specifications appropriate to an asbestos decrease project;

(7) a transporter, provided the person engages inside the transportation about asbestos-containing materials from a means inside this state; or

(8) a training sponsor, provided the person sponsors or certifies an asbestos training or refresher course.

(c) A laboratory may be present licensed as an asbestos laboratory one provided the laboratory:

(1) is accredited through the National Voluntary Laboratory including Analytical Proficiency Accreditation or is enrolled inside the EPA Proficiency Analytical Testing rounds, as appropriate; or

(2) has uniform qualifications as required through the administrator commissioner.

Added through 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.

Sec. 1954.103. REGISTRATION REQUIRED FOR CERTAIN ACTIVITIES. An individual necessity be present registered as an asbestos decrease employee provided the individual:

(1) removes, encapsulates, encloses, loads, or unloads asbestos inside the opportunity about employment; or

(2) performs maintenance, repair, installation, renovation, or cleaning activities that may dislodge, break, cut, abrade, or impinge supported by asbestos-containing materials.

Added through Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.

Sec. 1954.104. RESILIENT FLOOR-COVERING MATERIAL. (a) For purposes about this section, "resilient floor-covering material" includes sheet vinyl flooring, plastic tile such as vinyl composition tile, asphalt tile, rubber tile, including associated adhesives.

(b) The licensing including registration requirements about this chapter work not request to an action that involves plastic floor-covering material provided the extraction about the material is performed consistently with:

(1) be employed practices published through the plastic floor-covering industry; or

(2) more methods firm through the commissioner to supply people state charge from asbestos exposure.

(c) A person who removes plastic floor-covering material necessity have completed a training course supported by the be employed practices described through Subsection (b) appropriate to a minimum about eight hours.

Added through Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003. Amended through Acts 2003, 78th Leg., ch. 1276, Sec. 14A.455(a), eff. Sept. 1, 2003.

Sec. 1954.105. APPLICATION FOR LICENSE. (a) An entrant appropriate to a permit to join in inside asbestos decrease or inside an extra asbestos-related action appropriate to which a permit is required below this chapter must:

(1) surrender an application to the section supported by a sort prescribed through the department; and

(2) compensate to the section a nonrefundable application charge inside the lot set through the administrator commissioner through rule.

(b) An application appropriate to a permit necessity be present signed through the entrant including necessity include, as applicable:

(1) the applicant's selling title including address;

(2) a written respiratory charge plan;

(3) a list about the asbestos-related activities that the entrant has performed through the preceding 12 months; and

(4) extra information the section requires.

(c) To be present issued a license, an entrant necessity and supply to the department, as applicable:

(1) a certificate about good standing issued through the secretary about state, provided the entrant is a corporation or more selling entity;

(2) a certificate from the secretary about nation authorizing the entrant to conduct selling inside this state, provided the entrant is a foreign corporation;

(3) a nation sales charge number; and

(4) a certificate about insurance, issued appropriate to the purpose about licensing below this chapter, that demonstrates:

(A) asbestos decrease liability coverage appropriate to an asbestos decrease contractor performing be employed appropriate to hire;

(B) professional liability insurance coverage appropriate to errors including omissions appropriate to a consultant, inspector, or asbestos laboratory performing be employed appropriate to hire;

(C) liability insurance to transport appropriate to commission asbestos-containing materials appropriate to purposes about disposal; and

(D) provided workers' compensation insurance is required through the possessor about the people house or through the specifications appropriate to the asbestos-related activity, either:

(i) proof about workers' compensation insurance issued through a company licensed to topic workers' compensation insurance inside this nation including written inside this nation supported by the Texas form; or

(ii) evidence about self-insurance.

Added through 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.

Sec. 1954.106. ELIGIBILITY FOR LICENSE. (a) To qualify appropriate to a permit below this chapter, an entrant necessity meet the requirements about this piece including any more requirements established through the administrator commissioner, with asbestos-related education or experience requirements.

(b) A person engaged inside removing, encapsulating, or enclosing asbestos necessity demonstrate to the section that the person:

(1) completed inside the preceding 12 months:

(A) a thorough including detailed training course supported by asbestos removal, encapsulation, including enclosure approved through the United States Environmental Protection Agency or the department; and

(B) a physical testing that meets the requirements stated inside the asbestos regulations about the United States Environmental Protection Agency or the United States Occupational Safety including Health Administration;

(2) is capable about complying with everything fitting standards about the department, the United States Environmental Protection Agency, the United States Occupational Safety including Health Administration, including any more nation or federal agency official to regulate activities affecting the government including decrease about asbestos; and

(3) has entry to at meanest one suitable disposal ground appropriate to deposit about any asbestos throw away the person generates through the word about the license.

Added through 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.

Sec. 1954.107. RESTRICTED LICENSE FOR CERTAIN APPLICANTS. (a) An individual may request appropriate to a controlled permit as an asbestos decrease supervisor wanting the experience the administrator commissioner through order may require to be present licensed as an asbestos decrease supervisor provided the individual:

(1) is an worker about a house possessor or manager; and

(2) meets everything more qualifications or requirements appropriate to a license.

(b) The powers that be granted through a permit issued below this piece is controlled to supervising those practices including procedures described through 40 C.F. R. Part 763, Subpart E, Appendix B, relating to small-scale, short-duration operations, maintenance, including mend activities involving asbestos-containing materials, appropriate to buildings below the government about the permit holder's employer.

Added through 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.

Sec. 1954.108. APPLICATION FOR REGISTRATION OR RENEWAL; ELIGIBILITY. (a) An application appropriate to registration or the continuation about registration as an asbestos decrease employee necessity be present made supported by a sort provided through the department. An application appropriate to registration necessity be present accompanied through a nonrefundable charge set through the administrator commissioner through rule.

(b) The administrator commissioner shall determine the criteria appropriate to registration or the continuation about registration as an asbestos decrease worker.

(c) A physical testing appropriate to an asbestos decrease employee necessity be present conducted inside accordance with the physical testing requirements described through Section 1954.106(b)(1)(B).

Added through 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.

Sec. 1954.109. EXAMINATIONS. The administrator commissioner may:

(1) require or authorize the employ about standardized examinations appropriate to licensing or registration below this chapter; and

(2) set fees appropriate to the administration about the examinations.

Added through 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.

Sec. 1954.110. EXAMINATION RESULTS. (a) The section shall inform each person who takes a licensing or registration testing below this chapter about the results about the testing not after than the 30th day after the time the testing is administered. If an testing is graded or reviewed through a testing service, the section shall inform the person about the results about the testing not after than the 14th day after the time the section receives the results from the testing service.

(b) If the advertisement about the results about an testing graded or reviewed through a testing service will be present delayed appropriate to extra than 90 days after the testing date, the section shall inform the person about the reason appropriate to the delay before the 90th day.

(c) The section may require a testing service to inform a person about the results about the person's examination.

(d) If requested inside writing through a person who fails a licensing or registration examination, the section shall supply to the person an analysis about the person's presentation supported by the examination.

Added through Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.

Sec. 1954.111. TERMS OF LICENSE OR REGISTRATION; NONASSIGNABILITY. (a) The terms about a permit or registration are subject to amendment or modification through a order adopted or command issued below this chapter.

(b) A permit or registration may not be present assigned to an extra person.

Added through Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.

Sec. 1954.112. REPLACEMENT LICENSE. A permit bearer may request a replacement permit certificate through completing an suitable application.

Added through Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.

SUBCHAPTER D. PROVISIONAL LICENSE OR REGISTRATION

Sec. 1954.151. PROVISIONAL LICENSE OR REGISTRATION. (a) The section may grant a provisional permit or registration to an entrant appropriate to a permit or registration inside this nation who:

(1) has been licensed or registered inside good standing to perform the appropriate asbestos-related action appropriate to at meanest two years inside an extra jurisdiction, with a foreign country, that has licensing or registration requirements substantially equivalent to the requirements about this chapter;

(2) is currently licensed or registered inside that jurisdiction;

(3) has passed a national or more testing recognized through the administrator commissioner relating to the appropriate asbestos-related activity, provided the administrator commissioner requires an testing below Section 1954.109 to gain the permit or registration required to perform that activity; and

(4) is sponsored through a person licensed below this chapter with whom the provisional permit or registration bearer will practice through the time the person holds the provisional permit or registration.

(b) The section may waive the demand about Subsection (a)(4) provided the section determines that conformity with the demand would be present a hardship to the applicant.

Added through 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.

Sec. 1954.152. TERM OF LICENSE OR REGISTRATION. A provisional permit or registration is valid up to the time the section approves or denies the provisional permit or registration holder's application appropriate to a permit or registration below Subchapter C.

Added through Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.

Sec. 1954.153. ELIGIBILITY FOR LICENSE OR REGISTRATION. The section shall topic a permit or registration below Subchapter C to a provisional permit or registration bearer who is eligible to be present licensed or registered below rules adopted below Section 1954.055 or who:

(1) passes the piece about the testing below Section 1954.109 that relates to the applicant's knowledge including understanding about the laws including rules relating to the presentation about the appropriate asbestos-related action inside this state, provided the administrator commissioner requires an testing below Section 1954.109 to gain the permit or registration required to perform that activity;

(2) meets the appropriate academic including experience requirements appropriate to the permit or registration, as verified through the department; and

(3) satisfies any more fitting permit or registration demand below this chapter.

Added through 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.

Sec. 1954.154. DECISION ON APPLICATION. (a) The section shall approve or oppose a provisional permit or registration holder's application appropriate to a permit or registration not after than the 180th day after the time the provisional permit or registration is issued.

(b) The section may spread out the 180-day period provided the section has not received the results about an testing before the end about that period.

Added through Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.

SUBCHAPTER E. LICENSE OR REGISTRATION EXPIRATION AND RENEWAL

Sec. 1954.201. LICENSE EXPIRATION AND RENEWAL. (a) A permit issued below this chapter expires supported by the second anniversary about its effective time including may be present renewed as provided through this subchapter. A person whose permit has expired may not join in inside an action appropriate to which a permit is required up to the permit is renewed.

(b) The administrator commissioner through order may adopt a arrangement below which licenses expire supported by various dates through the year. For a calendar year inside which the permit end time is changed, the section shall prorate permit fees supported by a monthly arrangement thus that each permit bearer pays one that portion about the permit charge that is allocable to the numeral about months through which the permit is valid. On continuation about the permit supported by the recent end date, the mass continuation charge is payable.

Added through 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.

Sec. 1954.202. NOTICE OF LICENSE EXPIRATION. At meanest one month before a permit issued below this chapter expires, the section shall send through first-class letters to the permit bearer at the permit holder's last known address a advertisement that states:

(1) the time supported by which the permit expires;

(2) the time through which the continuation application necessity be present received through the section appropriate to the continuation to be present issued including mailed before the permit expires; and

(3) the lot about the continuation fee.

Added through Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.

Sec. 1954.203. PROCEDURE FOR LICENSE RENEWAL. (a) A person may recommence an unexpired permit appropriate to an extra two-year word provided the person:

(1) is or entitled to be present licensed;

(2) submits to the section a continuation application supported by the sort required through the department;

(3) pays to the section a nonrefundable continuation fee;

(4) has successfully completed:

(A) the requirements appropriate to renewal; and

(B) a current physical examination; and

(5) has complied with any latest command resulting from a abuse about this chapter.

(b) A person whose permit has been expired appropriate to 90 days or less may recommence the permit through paying to the section a continuation charge that is equal to 1-1/2 times the normally required continuation fee.

(c) A person whose permit has been expired appropriate to extra than 90 days but less than one calendar year may recommence the permit through paying to the section a continuation charge that is equal to two times the normally required continuation fee.

(d) A person whose permit has been expired appropriate to one calendar year or extra may not recommence the license. The person may gain a recent permit through complying with the requirements including procedures, with any testing requirements, appropriate to obtaining an original license.

Added through 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.

Sec. 1954.204. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER. (a) The section may recommence wanting reexamination an expired permit about a person who was licensed inside this state, moved to an extra state, including is currently licensed including has been inside practice inside the more nation appropriate to the two years preceding the time about application.

(b) The person necessity compensate to the section a charge that is equal to two times the normally required continuation charge appropriate to the license.

Added through Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.

Sec. 1954.205. TERM OF REGISTRATION; PROCEDURE FOR REGISTRATION RENEWAL. (a) The administrator commissioner shall set the word about registration about an asbestos decrease worker.

(b) The procedures provided through this subchapter appropriate to the continuation about a permit request to the continuation about an asbestos decrease employee registration.

(c) An asbestos decrease employee who is required to perfect periodic retraining necessity surrender evidence about that retraining with the worker's application appropriate to renewal.

Added through 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.

SUBCHAPTER F. PRACTICE BY HOLDER OF LICENSE OR REGISTRATION

Sec. 1954.251. RECORDS. (a) A permit bearer shall stay an suitable document about each asbestos-related action the permit bearer performs inside a people building. The document necessity include, as applicable:

(1) the title including address about each individual who supervised the asbestos-related activity;

(2) the point including a description about the project including the approximate lot about asbestos material that was removed or encapsulated;

(3) the time supported by which the asbestos-related action began including the time supported by which it was completed;

(4) a summary about the procedures worn to comply with everything fitting standards;

(5) the title including address about each disposal ground where the asbestos-containing throw away was deposited; and

(6) any more information the section requires.

(b) The permit bearer shall stay the records required through this piece appropriate to at meanest 30 years, or as long as required through federal law or regulation.

(c) The permit bearer shall produce the records available to the section at any reasonable time.

Added through Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.

Sec. 1954.252. NOTICE OF ASBESTOS REMOVAL, ENCAPSULATION, OR ENCLOSURE. (a) A person engaged inside removing asbestos from or encapsulating or enclosing asbestos inside a people house shall inform the section inside writing at meanest 10 days before the time the person begins the removal, encapsulation, or enclosure project according to fitting laws.

(b) Notwithstanding Subsection (a), a person may give the required advertisement orally provided the removal, encapsulation, or enclosure project is about an crisis nature.

Added through Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.

Sec. 1954.253. SUPERVISION BY ASBESTOS ABATEMENT SUPERVISOR. The extraction about asbestos from or the encapsulation or enclosure about asbestos inside a people house necessity be present supervised through an individual licensed as an asbestos decrease supervisor.

Added through Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.

Sec. 1954.254. CONFLICT OF INTEREST FOR CERTAIN LICENSE HOLDERS. A person licensed below this chapter to perform asbestos inspections or surveys, write management plans, or describe decrease specifications appropriate to an asbestos decrease project may and join in inside the extraction about asbestos from the house or means at which an asbestos decrease project takes place one provided the person is retained to remove the asbestos through a municipality.

Added through Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.

Sec. 1954.255. CONFLICT OF INTEREST FOR INDEPENDENT THIRD-PARTY MONITOR. (a) In this section, "independent third-party monitor" way a person retained to collect area air samples appropriate to analysis through including appropriate to the possessor about the house or means being abated.

(b) An separate third-party monitor may not be present employed through the asbestos decrease contractor to analyze an area sample together through the decrease project.

Added through Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.

Sec. 1954.256. APPROVAL OF ASBESTOS TRAINING; RECORD OF ATTENDEES. (a) The administrator commissioner shall adopt an asbestos training consent scheme to approve the training required appropriate to a person to be present licensed or registered below this chapter. In adopting the plan, the administrator commissioner shall adopt through note the Model Accreditation Plan developed through the United States Environmental Protection Agency.

(b) The administrator commissioner may found more requirements or alteration the number, design, or subject matter about the scheme adopted below Subsection (a) as the administrator commissioner determines desirable, provided that the scheme is at meanest as comprehensive including stringent as the Model Accreditation Plan.

(c) A licensed training back may back an asbestos training course one provided the course is approved through the section appropriate to that purpose.

(d) A licensed training back shall supply to the section inside accordance with section rules a document about the persons who attend an asbestos training course appropriate to licensing or registration below this chapter.

Added through 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.

Sec. 1954.257. DUTIES REGARDING EMPLOYEE OR AGENT. A person engaged inside an asbestos-related action shall ensure that each worker or agent who will approach inside contact with asbestos or who will be present responsible appropriate to the activity:

(1) is familiar with federal, state, including district standards appropriate to asbestos removal, encapsulation, including enclosure;

(2) has completed the fitting training course relating to asbestos government including decrease developed including approved through the United States Environmental Protection Agency or the section below Section 1954.256; and

(3) is supplied with approved apparatus inside good working command appropriate to the charge about the person, the public, including the environment.

Added through Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.

Sec. 1954.258. COMPLIANCE WITH STANDARDS NOT A DEFENSE TO CIVIL LIABILITY. Compliance with any minimum standards adopted through the administrator commissioner below this chapter does not constitute a defense to a civic move appropriate to damages arising from a be employed action affecting asbestos.

Added through 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.

Sec. 1954.259. SURVEY REQUIRED. (a) In this section, "permit" way a license, certificate, approval, registration, consent, permit, or more sort about authorization that a person is required through law, rule, regulation, order, or ordinance to gain to perform an action, or to initiate, continue, or perfect a project, appropriate to which the authorization is sought.

(b) A municipality that requires a person to gain a admit before renovating or demolishing a people or commercial house may not topic the admit unless the entrant provides:

(1) evidence satisfactory to the municipality that an asbestos survey, as required through this chapter, about everything parts about the house touched through the planned repair or knocking down has been completed through a person licensed below 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 appropriate to the materials worn inside the original construction, the subsequent renovations or alterations about everything parts about the house touched through the planned repair or demolition, including any asbestos surveys about the house before conducted inside accordance with this chapter; and

(B) inside the engineer's or architect's professional opinion, everything parts about the house touched through the planned repair or knocking down work not contain asbestos.

Added through Acts 2003, 78th Leg., ch. 1276, Sec. 14A.456(a), eff. Sept. 1, 2003.

Sec. 1954.260. DURATION OF ASBESTOS SURVEY. An asbestos study performed appropriate to a people house as required through this chapter including any more law is valid provided the study was performed inside conformity with the laws inside effect at the time the study was completed including the study identifies any asbestos-containing house material, the point about that material, including any more asbestos order inside the building. Any renovation, construction, or more action appropriate to which an asbestos study is required shall be present conducted wanting the demand about obtaining a recent asbestos study provided a valid asbestos study exists.

Acts 2003, 78th Leg., ch. 1072, Sec. 1, eff. Sept. 1, 2003.

SUBCHAPTER G. PROHIBITED PRACTICES AND DISCIPLINARY PROCEDURES

Sec. 1954.301. DISCIPLINARY POWERS OF DEPARTMENT. (a) If an act or omission about a person licensed below this chapter constitutes grounds prescribed appropriate to disciplinary move below Section 1954.302, the department, after if the person with advertisement including an opportunity appropriate to a hearing, shall:

(1) revoke or delay the person's license;

(2) delay the permit supported by an crisis basis;

(3) change the license; or

(4) reprimand the person.

(b) If an act or omission about a person registered below this chapter constitutes grounds appropriate to disciplinary move below Section 1954.303, the department, after providing the person with advertisement including an opportunity appropriate to a hearing, shall:

(1) refuse to recommence the person's registration;

(2) revoke or delay the registration;

(3) delay the registration supported by an crisis basis; or

(4) reprimand the person.

(c) After on order that the back about an asbestos training course with advertisement including an opportunity appropriate to a hearing, the section may:

(1) revoke or delay the consent about the course; or

(2) delay the consent about the course supported by an crisis basis.

(d) The section may place supported by test a person whose permit or registration is suspended. If a postponement is probated, the section may require the person to:

(1) report regularly to the section supported by matters that are the arrangement about the probation;

(2) limit practice to the areas prescribed through the department; or

(3) keep on or revision professional education up to the person attains a degree about skill satisfactory to the section inside those areas that are the arrangement about the probation.

Added through 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.

Sec. 1954.302. GROUNDS FOR DISCIPLINE OF LICENSE HOLDER. The administrator commissioner through order shall adopt the criteria appropriate to the section to take disciplinary move beside a permit bearer below Section 1954.301. At a minimum, the criteria necessity require disciplinary move beside a permit bearer who:

(1) commits fraud or deception inside obtaining or attempting to gain a permit or a deal to perform an asbestos-related activity;

(2) fails at any time to meet the qualifications appropriate to a license;

(3) violates a order adopted below this chapter;

(4) violates an fitting federal or nation level appropriate to asbestos-related activities; or

(5) falsifies or fails to maintain a document about an asbestos-related action required through a federal agency or through the department.

Added through 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.

Sec. 1954.303. GROUNDS FOR DISCIPLINE OF REGISTERED PERSON. The section shall take disciplinary move below Section 1954.301 beside a person registered below this chapter who:

(1) fraudulently or deceptively assigns, obtains, or attempts to give or gain a registration or the continuation about a registration; or

(2) violates:

(A) a federal, state, or district asbestos law or rule; or

(B) an command issued through the administrator commissioner or department.

Added through 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.

Sec. 1954.304. ACTION BASED ON COMPLAINTS AGAINST ASBESTOS ABATEMENT SUPERVISOR. (a) If the section receives three validated complaints beside an asbestos decrease supervisor regarding noncompliance with this chapter, the section shall:

(1) revoke the supervisor's license; and

(2) topic to the supervisor a registration.

(b) A registration issued below this piece expires six months from the time about issuance. The asbestos decrease supervisor may reapply appropriate to a permit after the registration expires.

Added through Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.

Sec. 1954.305. PROCEDURE FOR EMERGENCY SUSPENSION. (a) The postponement supported by an crisis arrangement about a permit or registration or about the consent about an asbestos training course is effective immediately.

(b) The section shall supply to the person whose license, registration, or asbestos training course consent is suspended supported by an crisis arrangement an opportunity appropriate to a hearing not after than the 20th day after the time about the suspension.

Added through Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.

Sec. 1954.306. ADMINISTRATIVE PROCEDURE. A advertisement including hearing required below this subchapter including official revision about a latest administrative finding issued below this subchapter are governed through Chapter 2001, Government Code, including the section rules appropriate to contested case hearings.

Added through 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.

Sec. 1954.307. REAPPLICATION FOLLOWING LICENSE REVOCATION OR SUSPENSION. A person whose permit is revoked or suspended may not reapply appropriate to a permit up to after the period stated inside a plan established through section rule.

Added through 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.

SUBCHAPTER H. ADMINISTRATIVE PENALTY

Sec. 1954.351. IMPOSITION OF ADMINISTRATIVE PENALTY. The section may trick an administrative penalty supported by a person who violates this chapter or a order adopted or command issued below this chapter.

Added through 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.

Sec. 1954.352. AMOUNT OF PENALTY. (a) The lot about an administrative penalty may not surpass $10,000 a day appropriate to each violation. Each day a abuse continues may be present considered a separate abuse appropriate to purposes about impressive a penalty.

(b) In determining the lot about the penalty, the section shall consider:

(1) the seriousness about the violation;

(2) any hazard created to the state including safety about the public;

(3) the person's history about previous violations; and

(4) any more matter that justice may require.

Added through 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.

Sec. 1954.353. OPPORTUNITY FOR HEARING; ORDER. (a) The section may trick an administrative penalty below this subchapter one after the person charged with a abuse is given the opportunity appropriate to a hearing.

(b) If a hearing is held, the section shall produce findings about fact including topic a written finding as to:

(1) the occurrence about the violation; and

(2) the lot about any penalty that is warranted.

(c) If the person charged with a abuse fails to exercise the opportunity appropriate to a hearing, the department, after determining that a abuse occurred including the lot about the penalty that is warranted, may trick a penalty including shall topic an command requiring the person to compensate any penalty imposed.

(d) Not after than the 30th day after the time an command is issued after determining that a abuse occurred, the section shall advise the person charged with the abuse about the lot about any penalty imposed.

(e) The section may consolidate a hearing below this piece with an extra proceeding.

Added through 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.

Sec. 1954.354. OPTIONS FOLLOWING DECISION. (a) Not after than the 30th day after the time the department's finding or command becomes latest as provided through Section 2001.144, Government Code, the person shall:

(1) compensate the administrative penalty; or

(2) file a appeal appropriate to official revision contesting the fact about the violation, the lot about the penalty, or both.

(b) Within the 30-day period, a person who acts below Subsection (a)(2) may:

(1) remain enforcement about the penalty by:

(A) paying the penalty to the law court appropriate to placement inside an escrow account; or

(B) posting with the law court a supersedeas union inside a sort approved through the law court that is appropriate to the lot about the penalty including is effective up to official revision about the department's finding or command is final; or

(2) request that the section remain enforcement about the penalty by:

(A) filing with the law court a sworn declaration about the person stating that the person is financially inadequate to compensate the penalty including is financially inadequate to give the supersedeas bond; and

(B) sending a copy about the declaration to the department.

(c) If the section receives a copy about an declaration below Subsection (b)(2), the section may file with the court, within five days after the time the copy is received, a competition to the affidavit. The law court shall hold a hearing supported by the facts alleged inside the declaration as before long as feasible including shall remain the enforcement about the penalty supported by finding that the alleged facts are true. The person who files an declaration has the burden about proving that the person is financially inadequate to compensate the penalty or to give a supersedeas bond.

Added through 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.

Sec. 1954.355. COLLECTION OF PENALTY. At the request about the department, the attorney widespread may bring a civic move to recover an administrative penalty imposed below this subchapter.

Added through 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.

Sec. 1954.356. JUDICIAL REVIEW. Judicial revision about a finding or command about the section impressive a penalty below this subchapter is instituted through filing a appeal with a district law court inside Travis County including is below the substantial evidence order as provided through Subchapter G, Chapter 2001, Government Code.

Added through 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.

Sec. 1954.357. REMITTANCE OF PENALTY AND INTEREST OR RELEASE OF BOND. If after official revision the administrative penalty is reduced or is not upheld through the court, the section shall:

(1) remit the suitable amount, plus accrued interest, to the person not after than the 30th day after the time about the determination, provided the person waged the penalty; or

(2) execute a release about the bond, provided the person gave a bond.

Added through 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.

SUBCHAPTER I. OTHER PENALTIES AND ENFORCEMENT PROVISIONS

Sec. 1954.401. INJUNCTIVE RELIEF; CIVIL PENALTY. (a) The commissioner may request the attorney widespread or the district, county, or city attorney having say to bring a civic costume appropriate to injunctive relief, the analysis including improvement about a civic penalty, or both, beside a person who:

(1) appears to have violated, is violating, or is threatening to violate this chapter or a order adopted or command issued below this chapter; or

(2) owns a people house or is the owner's agent including has contracted with or or permitted a person who is not licensed or registered below this chapter to perform inside the house an action appropriate to which a permit or registration is required.

(b) A civic penalty may not surpass $10,000 a day appropriate to each violation. Each day a abuse occurs or continues to occur is a separate abuse appropriate to purposes about impressive a penalty.

(c) In determining the lot about a civic penalty, the law court shall consider:

(1) the seriousness about the violation;

(2) any hazard created to the state including safety about the public;

(3) the person's history about previous violations; and

(4) the demonstrated good faith about the person charged with the violation.

(d) A civic penalty recovered inside a costume instituted through the attorney widespread below this chapter shall be present deposited inside the nation treasury. A civic penalty recovered inside a costume instituted through a district government below this chapter shall be present waged to the district government.

Added through Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.

Sec. 1954.402. CRIMINAL PENALTY. (a) A person required to be present licensed below this chapter commits an offense provided the person:

(1) removes asbestos from a people house or encapsulates the asbestos wanting a permit after having been before assessed a civic or administrative penalty appropriate to removing or encapsulating asbestos wanting a license; or

(2) fails to stay records as required through Section 1954.251 after having been before assessed a civic or administrative penalty appropriate to failing to stay records.

(b) An offense below this piece is a misdemeanor criminal through a fine not to surpass $20,000, unless the defendant has been before convicted below this section, inside which event the offense is criminal by:

(1) a fine not to surpass $25,000;

(2) custody inside jail appropriate to not extra than two years; or

(3) both the fine including confinement.

Added through Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.

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