Tex. Codes » 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
Texas Codes

Tex. Occ. Code § 1954.002 (2026)

Definitions

✓ current as of May 2026
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Sec. 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(6) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 5.318(11), eff. April 2, 2015.

(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.

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. 5.252, 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


Notes of Decisions
Cited in 3 cases, 2009–2019 · leading case: Roberto Diaz v. R & a Consultants, Corp., 579 S.W.3d 460 (Tex. App. 2019).
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Roberto Diaz v. R & a Consultants, Corp., 579 S.W.3d 460 (Tex. App. 2019). “TEX.OCC.CODE ANN. § 1954.002(8) and § 1954.”
Roberto Diaz v. R & a Consultants, Corp. (Tex. App. 2019). “” TEX. OCC. CODE ANN. § 1954.002 (11). 5 carcinogen and dangerous health hazard, by regulating asbestos related activities in public and commercial buildings and facilities as defined by these sections.”
Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2009). “" TEX. OCC. CODE ANN. § 1954.002, revisor's note 2 (Vernon Supp.”
Tex. Occ. Code § 1954.002(8): 1 case
Roberto Diaz v. R & a Consultants, Corp., 579 S.W.3d 460 (Tex. App. 2019). “TEX.OCC.CODE ANN. § 1954.002(8) and § 1954.”
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