Texas Register

TITLE 25 HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 295OCCUPATIONAL HEALTH
SUBCHAPTER ITEXAS ENVIRONMENTAL LEAD REDUCTION
RULE §295.211Lead Firm: Certification Requirements
ISSUE 10/29/2004
ACTION Proposed
Preamble Texas Admin Code Rule

(a)Certification requirements. All firms engaged in or offering to perform lead-based paint activities in target housing and child-occupied facilities must be certified by the department. Certifications issued by the department prior to January 1, 2005, are [Such certification is] valid for a period of three years from the date of issue [the certification application is approved by the department ], provided that the appropriate fee is paid on time each year. Certifications issued by the department on or after January 1, 2005, are valid for a period of two years from the date of issue.

(b) - (d)(No change.)

(e)Fees.

  (1)Two-year certifications. Effective January 1, 2005, the [The annual] fee for a two-year lead firm certification shall be $1000 [$500]. The fee must accompany the initial or renewal certification application [the first year, and accompany the annual fee payment coupon issued by the department for years two and three].

  (2)Three-year certifications. Three-year certifications, which were issued prior to January 1, 2005, shall remain valid for the remainder of their three-year term provided that the annual fee of $500 is paid on time to the department. Upon expiration of this three-year certification, a fee of $1000 for a two-year renewal certification shall be paid upon submission of a complete application. Lead firms that possess a three-year certification that was issued prior to January 1, 2005, must submit an annual fee when due accompanied by a payment coupon issued by the department. In order to retain a three-year certification for the remainder of its term, all annual fees must be paid on time as required. Failure to make a timely annual fee payment may result in the suspension of the certification.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 13, 2004

TRD-200406190

Cathy Campbell

Director, Legal Services

Department of State Health Services

Earliest possible date of adoption: November 28, 2004

For further information, please call: (512) 458-7236



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