BILL ANALYSIS C.S.H.B. 632 By: Oakley 05-02-95 Committee Report (Substituted) BACKGROUND According to the U.S. Consumer Product Safety Commission (CSPC) in 1990, approximately 253,000 playground related injuries were treated in hospital emergency rooms. Many of the injuries occurred on public playgrounds, school yards and public parks. Approximately 75% of all injured are less than 8 years of age, and the data shows no significant gender differences. On the average, at least one child per month in the United States dies of injuries that occurred on playgrounds of which many are the result of playground equipment. California is the only state that has passed legislation regarding playground safety guidelines however, regulations have not been developed nor has money been appropriated. Arkansas expects final approval of "Rules and regulations pertaining to public playgrounds" in April of 1995. There is interest in other states concerning this matter including Iowa and New York. PURPOSE As proposed, C.S.H.B. 632 provides a defense to an action for negligence against a county, city, or town, alleging liability for property damage, or death if the playground meets protective guidelines recommended by the U.S. Consumer Product Safety Commission or the American Society for Testing and Material. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter C, Chapter 101 Civil Practices and Remedies Code by adding SEC. 101.064 to read: (a) to provide a defense to an action of negligence brought against a city, town or county alleging property damage, or injury, or death on a public playground, if the playground meets CSPC or ASTM guidelines. (b) "Playground" is defined as an indoor or outdoor area with playground equipment designed and installed primarily for children under the age of 12 to engage in play is controlled by a locality. The term does not include any areas or equipment unrelated to playground equipment. (c) "Playground equipment" is defined to mean equipment permanently affixed to real property that is specifically designed for recreational use by children under the age of 12 and installed or provided on a playground. (d) A sign must be installed at the playground in order for the provider to be eligible for the defense. SECTION 2. This act takes effect September 1, 1995. A lawsuit filed before this date is governed by the law as it existed immediately before the effective date of this act. SECTION 3. Emergency Clause. COMPARISON TO THE ORIGINAL CSHB 632 provides a defense to an action for negligence, while HB 632 provides an affirmative defense to a civil action. The substitute requires a sign posted at the playground in order to be eligible for the defense. The substitute applies only to public playgrounds provided by towns, cities or counties. Lastly, the substitute makes the ASTM guidelines acceptable as a standard as well as CPSC guidelines. SUMMARY OF COMMITTEE ACTION The Committee on Civil Practices considered H.B. 632 in public hearing on March 22, 1995. The following individuals testified in support of the bill: Jim Allison, representing the Texas County Judges and Commissioner's Association of Texas; Sandy Kibby, representing the Texas PTA; and James D. Dempsey, representing himself and Grounds for Play, Inc. The following individual testified neutrally on the bill: Jesus Chairez, representing himself. No one testified in opposition to the bill. The bill was left pending. The bill was considered in a public hearing on April 26, 1995. The bill was reported favorably as substituted with the recommendation that it do pass and be printed by a record vote of five ayes, zero nays, zero pnv and four absent.