Tex. Occ. Code 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 building or supervise that removal, encapsulation, or enclosure;

(2)

perform or supervise maintenance, repair, installation, renovation, or cleaning that dislodges, breaks, cuts, abrades, or impinges on asbestos materials in a public building;

(3)

perform an asbestos survey or inspection of a public building, including the sampling and assessment of exposure;

(4)

provide plans, instructions, or schedules for the management of asbestos in a public building;

(5)

provide monitoring services for airborne asbestos dust using:

(A)

transmission electron microscopy;

(B)

phase contrast microscopy; or

(C)

another analytical method approved by the department;

(6)

provide an analysis of:

(A)

a bulk material sample for asbestos content or asbestos concentration; or

(B)

an airborne sample using:
(i)
transmission electron microscopy;
(ii)
phase contrast microscopy;
(iii)
polarized light microscopy;
(iv)
scanning electron microscopy; or
(v)
another analytical method approved by the department;

(7)

design and prepare abatement project plans and specifications for asbestos abatement in a public building;

(8)

handle an asbestos abatement contract on behalf of another person;

(9)

transport an asbestos-containing material from a facility for disposal; or

(10)

sponsor or certify an initial or refresher training course required for licensing or registration under this chapter.

(b)

In accordance with a schedule established by department rules, a person may not sponsor or certify an asbestos training course required for licensing or registration under this chapter unless the person is licensed as a training sponsor.

(c)

The department may waive the requirement for a license on receipt of notice of an emergency that results from a sudden unexpected event that is not a planned renovation or demolition.
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. 5.263, eff. April 2, 2015.

Source: Section 1954.101 — License Required for Certain Activities, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­1954.­htm#1954.­101 (accessed Jun. 5, 2024).

1954.001
Short Title
1954.002
Definitions
1954.051
General Rulemaking Authority
1954.052
Rules Regarding Asbestos Concentration Levels
1954.053
Rules Regarding Performance Standards and Work Practices
1954.054
Rules Restricting Advertising or Competitive Bidding
1954.055
Reciprocity Agreement
1954.056
Fees
1954.057
General Investigative Authority
1954.058
Authority to Contract for Inspections
1954.059
Asbestos Site Inspections
1954.060
Demolition and Renovation Activities
1954.061
Memorandum of Understanding Regarding Certain Solid Waste Facilities
1954.062
Dissemination of Information
1954.063
Complaints
1954.101
License Required for Certain Activities
1954.102
License Classifications
1954.103
Registration Required for Certain Activities
1954.104
Resilient Floor-covering Material
1954.105
Application for License
1954.106
Eligibility for License
1954.107
Restricted License for Certain Applicants
1954.108
Application for Registration or Renewal
1954.109
Examinations
1954.110
Examination Results
1954.111
Terms of License or Registration
1954.112
Replacement License
1954.151
Provisional License or Registration
1954.152
Term of License or Registration
1954.153
Eligibility for License or Registration
1954.154
Decision on Application
1954.201
License Expiration and Renewal
1954.202
Notice of License Expiration
1954.203
Procedure for License Renewal
1954.204
Renewal of Expired License by Out-of-state Practitioner
1954.205
Term of Registration
1954.251
Records
1954.252
Notice of Asbestos Removal, Encapsulation, or Enclosure
1954.253
Supervision by Asbestos Abatement Supervisor
1954.254
Conflict of Interest for Certain License Holders
1954.255
Conflict of Interest for Independent Third-party Monitor
1954.256
Approval of Asbestos Training
1954.257
Duties Regarding Employee or Agent
1954.258
Compliance with Standards Not a Defense to Civil Liability
1954.259
Survey Required
1954.260
Duration of Asbestos Survey
1954.301
Disciplinary Powers of Department
1954.302
Grounds for Discipline of License Holder
1954.303
Grounds for Discipline of Registered Person
1954.304
Action Based on Complaints Against Asbestos Abatement Supervisor
1954.305
Procedure for Emergency Suspension
1954.306
Administrative Procedure
1954.307
Reapplication Following License Revocation or Suspension
1954.351
Imposition of Administrative Penalty
1954.352
Amount of Penalty
1954.353
Opportunity for Hearing
1954.354
Options Following Decision
1954.355
Collection of Penalty
1954.356
Judicial Review
1954.357
Remittance of Penalty and Interest or Release of Bond
1954.401
Injunctive Relief
1954.402
Criminal Penalty

Accessed:
Jun. 5, 2024

§ 1954.101’s source at texas​.gov