Environmental Lead Program

RULES AND REGULATIONS

This page provides links to rules and regulations for the regulated communities served by the Environmental Lead Program.

The purpose of the Texas Environmental Lead Reduction Rules (TELRR) is to establish the means to control and minimize public exposure to lead by regulating lead-based paint activities in target housing and child-occupied facilities. As a result of these rules being promulgated, it is possible for all Texans to utilize properly trained and certified persons to conduct lead activities in their pre-1978 homes and in child-occupied facilities such as day cares, kindergartens, and preschools. By using trained and certified persons, the consumer can be more confident that the lead-based paint activities are being conducted properly.

The rules require that all lead-based paint activities in target housing and child-occupied facilities be performed by certified individuals. Exclusions to the rules are housing for the elderly or persons with disabilities, unless a child younger than six years of age resides or is expected to reside in that housing, or target housing with zero bedrooms. These rules also do not apply to homeowners performing lead-based paint activities in dwellings that they own, unless the dwelling is occupied by a person or persons other than the owner or the owner's immediate family while the lead activities are being performed.

Draft Rules and/or Proposed Rules

CURRENT RULES AND REGULATIONS

Below is a list of the rules and regulations that govern entities regulated by the Environmental Lead Program. Click on the title of the rule, regulation, or law that you would like view. The links below will send you to an official site for the rule. 

Texas Environmental Lead Reduction Rules -- 25 Texas Administrative Code
Section 295.201	General Provisions	250KB	312KB
Section 295.202	Definitions
Section 295.203	Approved Federal Documented Methodologies
Section 295.204	Accreditation of Training Program Providers
Section 295.205	Certification: Applications, Denials, and Renewals
Section 295.206	Lead Inspector: Certification Requirements
Section 295.207	Lead Risk Assessor: Certification Requirements
Section 295.208	Lead Abatement Supervisor: Certification Requirements
Section 295.209	Lead Abatement Project Designer: Certification Requirements
Section 295.210	Lead Abatement Worker: Certification Requirements
Section 295.211	Lead Firm: Certification Requirements
Section 295.212	Standards for Conducting Lead-Based Paint Activities
Section 295.213	Lead-Based Paint Activities Requirements
Section 295.214	Notifications
Section 295.215	Reciprocity
Section 295.216	Accreditation and Certification Fee Exemption
Section 295.218	Compliance: Inspections and Investigations
Section 295.219	Compliance: Reprimand, Suspension, Decertification, Deaccreditation, and Probation
Section 295.220	Compliance: Administrative Penalty

Texas Environmental Lead Reduction Rules Overview

Summary of the Texas Lead-Based Paint Rules  (pdf 91KB)

On February 19, 1996, the Texas Environmental Lead Reduction Rules (TELRR) were promulgated by the Texas Department of State Health Services (DSHS), formerly the Texas Department of Health. These rules cover several areas of lead-based paint activities in target housing (most housing constructed prior to 1978), including the training and certification of persons conducting lead inspections, risk assessments, abatements, and project design. The rules require that lead training providers be accredited by DSHS and also set standards for conducting lead-based paint activities.

The TELRR were amended effective May 10, 1998, to include child-occupied facilities such as day cares, kindergartens, and preschools having children under the age of seven who are regularly present, required by House Bill 729 passed by the 75th Legislature, 1997.

The rules were amended again effective March 23, 2003, to align state rules with federal rules established by the U.S. Environmental Protection Agency (EPA) concerning lead hazard standards.

The rules were amended a third time effective January 1, 2005, to start issuing two-year certifications and training accreditations (instead of 3-year terms) to new applicants and converting existing three-year certifications and training accreditations to two-year terms upon renewal. Language was also added that allows for the collection of annual subscription and convenience fees to recover costs associated with processing fee payments for applications through TexasOnline, a web-based online payment system.

 

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Texas Department of State Health Services - Division for Regulatory Services - Environmental Lead Program
1100 W. 49th Street- Austin, Texas 78756-3199 - (512) 834-6773 ext. 2434

Last Updated June 6, 2007