Texas Law Asbestos

ELIGIBILITY FOR LICENSE OR REGISTRATION.

Sec. 1954.153.

The department shall issue a license or registration under Sub chapter C to a provisional license or registration holder who is eligible to be licensed or registered under rules adopted under Section 1954.055 or who:

(1) passes the part of the examination under Section 1954.109 that relates to the applicant’s knowledge and understanding of the laws and rules relating to the performance of the relevant asbestos-related activity in this state, if the executive commissioner requires an examination under Section 1954.109 to obtain the license or registration required to perform that activity;

(2) meets the relevant academic and experience requirements for the license or registration, as verified by the department;  and

(3) satisfies any other applicable license or registration requirement under this chapter.

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

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.271, eff. April 2, 2015.

LICENSE CLASSIFICATIONS.

Sec. 1954.102.

(a) The executive commissioner shall determine and specify the scope, purpose, eligibility, qualifications, and compliance requirements for each class of license and any other license necessary for the executive commissioner and department to carry out their duties under this chapter.

(b) A person must be licensed as:

(1) an asbestos abatement supervisor, if the person is an individual who:

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

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

(2) an asbestos abatement contractor, if the person is designated as the contractor for a project:

(A) in which asbestos abatement, encapsulation, or enclosure will be conducted;

  and

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

(3) an inspector, if the person is an individual who performs an asbestos survey of a facility;

(4) a management planner, if the person develops a management plan or an inspection or survey report;

(5) an air-monitoring technician, if the person is a technician who performs air monitoring for an asbestos abatement project or related activity;

(6) a consultant, if the person designs specifications for an asbestos abatement project;

(7) a transporter, if the person engages in the transportation of asbestos-containing materials from a facility in this state;  or

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

(c) A laboratory may be licensed as an asbestos laboratory only if the laboratory:

(1) is accredited by the National Voluntary Laboratory and Analytical Proficiency Accreditation or is enrolled in the EPA Proficiency Analytical Testing rounds, as appropriate; or

(2) has similar qualifications as required by the executive commissioner.

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

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.264, eff. April 2, 2015.

APPLICATION FOR LICENSE.

Sec. 1954.105.

a) An applicant for a license to engage in asbestos abatement or in another asbestos-related activity for which a license is required under this chapter must:

(1) submit an application to the department on a form prescribed by the department; and

(2) pay to the department a nonrefundable application fee in the amount set by the executive commissioner by rule.

(b)  An application for a license must be signed by the applicant and must include, as applicable:

(1)  the applicant’s business name and address;

(2)  a written respiratory protection plan;

(3)  a list of the asbestos-related activities that the applicant has performed during the preceding 12 months;  and

(4)  additional information the department requires.

(c)  To be issued a license, an applicant must also provide to the department, as applicable:

(1)  a certificate of good standing issued by the secretary of state, if the applicant is a corporation or other business entity;

(2)  a certificate from the secretary of state authorizing the applicant to conduct business in this state, if the applicant is a foreign corporation;

(3)  a state sales tax number;  and

(4)  a certificate of insurance, issued for the purpose of licensing under this chapter, that demonstrates:

(A)  asbestos abatement liability coverage for an asbestos abatement contractor performing work for hire;

(B)  professional liability insurance coverage for errors and omissions for a consultant, inspector, or asbestos laboratory performing work for hire;

(C)  liability insurance to transport for hire asbestos-containing materials for purposes of disposal;  and

(D)  if workers’ compensation insurance is required by the owner of the public building or by the specifications for the asbestos-related activity, either:

(i)  proof of workers’ compensation insurance issued by a company licensed to issue workers’ compensation insurance in this state and written in this state on the Texas form;  or

(ii)  evidence of self-insurance.

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

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.265, eff. April 2, 2015.

ELIGIBILITY FOR LICENSE.

Sec. 1954.106.

(a)  To qualify for a license under this chapter, an applicant must meet the requirements of this section and any other requirements established by the executive commissioner, including asbestos-related education or experience requirements.

(b)  A person engaged in removing, encapsulating, or enclosing asbestos must demonstrate to the department that the person:

(1)  completed in the preceding 12 months:

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

(B)  a physical examination that meets the requirements stated in the asbestos regulations of the United States Environmental Protection Agency or the United States Occupational Safety and Health Administration;

(2)  is capable of complying with all applicable standards of the department, the United States Environmental Protection Agency, the United States Occupational Safety and Health Administration, and any other state or federal agency authorized to regulate activities affecting the control and abatement of asbestos;  and

(3)  has access to at least one appropriate disposal site for deposit of any asbestos waste the person generates during the term of the license.

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

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.266, eff. April 2, 2015.

APPLICATION FOR REGISTRATION OR RENEWAL; ELIGIBILITY.

Sec. 1954.108.

(a)  An application for registration or the renewal of registration as an asbestos abatement worker must be made on a form provided by the department.  An application for registration must be accompanied by a nonrefundable fee set by the executive commissioner by rule.

(b)  The executive commissioner shall determine the criteria for registration or the renewal of registration as an asbestos abatement worker.

(c)  A physical examination for an asbestos abatement worker must be conducted in accordance with the physical examination requirements described by Section 1954.106(b)(1)(B).

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

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.268, eff. April 2, 2015.

EXAMINATIONS.

Sec. 1954.109.

The executive commissioner may:

(1)  require or authorize the use of standardized examinations for licensing or registration under this chapter; and

(2)  set fees for the administration of the examinations.

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

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.269, eff. April 2, 2015.

REPLACEMENT LICENSE.

Sec. 1954.112.

A license holder may request a replacement license certificate by completing an appropriate application.

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

EXAMINATION RESULTS.

Sec. 1954.110.

(a)  The department shall notify each person who takes a licensing or registration examination under this chapter of the results of the examination not later than the 30th day after the date the examination is administered.  If an examination is graded or reviewed by a testing service, the department shall notify the person of the results of the examination not later than the 14th day after the date the department receives the results from the testing service.

(b)  If the notice of the results of an examination graded or reviewed by a testing service will be delayed for more than 90 days after the examination date, the department shall notify the person of the reason for the delay before the 90th day.

(c)  The department may require a testing service to notify a person of the results of the person’s examination.

(d)  If requested in writing by a person who fails a licensing or registration examination, the department shall provide to the person an analysis of the person’s performance on the examination.

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

PROCEDURE FOR LICENSE RENEWAL.

Sec. 1954.203.

(a)  A person may renew an unexpired license for an additional two-year term if the person:

(1)  is otherwise entitled to be licensed;

(2)  submits to the department a renewal application on the form required by the department;

(3)  pays to the department a nonrefundable renewal fee;

(4)  has successfully completed:

(A)  the requirements for renewal; and

(B)  a current physical examination; and

(5)  has complied with any final order resulting from a violation of this chapter.

(b)  A person whose license has been expired for 90 days or less may renew the license by paying to the department a renewal fee that is equal to 1-1/2 times the normally required renewal fee.

(c)  A person whose license has been expired for more than 90 days but less than one year may renew the license by paying to the department a renewal fee that is equal to two times the normally required renewal fee.

(d)  A person whose license has been expired for one year or more may not renew the license.  The person may obtain a new license by complying with the requirements and procedures, including any examination requirements, for obtaining an original license.

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

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.273, eff. April 2, 2015.

DISCIPLINARY POWERS OF DEPARTMENT.

Sec. 1954.301.

(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.

For more info on Texas Law relating to Asbestos laws and requirements, please refer to the state website at; http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.1954.htm