BILL ANALYSIS


                                                     C.S.H.B. 632
                                            By: Oakley (Montford)
                                                          Finance
                                                         05-22-95
                            Senate Committee Report (Substituted)
BACKGROUND

In 1990, according to the U.S. Consumer Product Safety Commission,
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.  On 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.

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 on a public playground, if the playground
equipment with certain standards and guidelines.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 756, Health and Safety Code, by adding
Subchapter E, as follows:

            SUBCHAPTER E.  PUBLICLY FUNDED PLAYGROUNDS

     Sec.  756.061.  COMPLIANCE WITH SAFETY STANDARDS.  (a)  Limits
     the use of public funds on or after September 1, 1997, except
     as provided by Subsection (b).
     
     (b)  Authorizes public funds to be used for maintenance of
       playground equipment or surfacing for the area under and
       around playground equipment that was purchased before
       September 1, 1997, even if the equipment or surfacing does
       not substantially comply, on completion of the maintenance,
       with each applicable provision of the handbook described by
       Subsection (a)(1).
       
       (c)  Provides that this section does not create, increase,
       decrease, or otherwise affect a person's liability for
       damages for injury, death, or other harm caused by
       playground equipment, surfacing, or the installation of the
       equipment or surfacing and this section is not a waiver of
       sovereign immunity of any governmental entity.
       
       SECTION 2.   Emergency clause.
           Effective date:  upon passage.