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.