Section 296.271 - Inspections and Investigations(a) DSHS has the right to inspect or investigate the practices of any person involved with asbestos abatement or asbestos-related activity in a public building, commercial building, or facility.(b) A DSHS representative is not required to provide advance notice of, or seek permission to conduct, any asbestos-related inspection or investigation.(c) In order to inspect and investigate for compliance with this chapter, a DSHS representative, upon presenting a DSHS identification (ID) card, has the right to: (1) enter at all reasonable times: (A) any notified, actual, or former site of an asbestos-related activity;(B) if used to store records, the premises of a licensee under this chapter or the central location where asbestos records are maintained as required in § 296.291 of this chapter (relating to Recordkeeping); or(C) any containment, facility or building, construction site, storage area, storage area of a transport vehicle, or office area;(2) review records and make copies;(3) interview any person;(4) locate, identify, and assess the condition of ACM;(5) take photographs; and(6) collect bulk samples, air samples, or both.(d) A person must not interfere with, refuse, or delay an inspection or investigation conducted by a DSHS representative.(e) DSHS is authorized to conduct any inspection or investigation to evaluate compliance under the Act and this chapter. A DSHS representative must not be impeded or denied entry to conduct official duties. A person must not threaten or attempt to bribe or intimidate a DSHS representative during the course of an inspection or investigation and is subject to applicable administrative, civil, and criminal sanctions for any violation.25 Tex. Admin. Code § 296.271
Adopted by Texas Register, Volume 46, Number 26, June 25, 2021, TexReg 3921, eff. 7/8/2021