Texas Occupations Code § 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 chrysotile, amosite, crocidolite, tremolite, anthophyllite, or actinolite;  or

(B) a material that contains one percent or more of a substance described by Paragraph A.

(3) “Asbestos abatement” means a removal, encapsulation, or enclosure of asbestos to reduce or eliminate or that has the effect of reducing or eliminating:

(A) a concentration of asbestos fibers;  or

(B) an asbestos-containing material.

(4) “Asbestos-related activity” means:

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

(B) the performance of an asbestos survey;

(C) the development of an asbestos management plan or response action;

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

(E) the performance of another activity for which a license is required under this chapter.

(5) “Asbestos removal” means an action that disturbs, dislodges, strips, or otherwise takes away asbestos fibers.

(6) Repealed by Acts 2015, 84th Leg., ch. 1 (S.B. 219), § 5.318(11).

(7) “Commissioner” means the commissioner of state health services.

(8) “Department” means the Department of State Health Services.

(9) “Encapsulation” means a method of control of asbestos fibers in which the surface of an asbestos-containing material is penetrated by or covered with a coating prepared for that purpose.

(10) “Enclosure” means the construction of an airtight wall and ceiling around an asbestos-containing material.

(10-a) “Executive commissioner” means the executive commissioner of the Health and Human Services Commission.

(11) “Public building” means a building used or to be used for a purpose that involves public access or occupancy and includes a building that is vacant at any time, including during preparation for actual demolition.  The term does not include:

(A) an industrial facility to which access is limited principally to employees of the facility because of a process or function that is hazardous to human health or safety;

(B) a federal building or installation;

(C) a private residence;

(D) an apartment building that has not more than four dwelling units;  or

(E) a manufacturing facility or building that is part of a facility to which access is limited to workers and invited guests under controlled conditions.

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