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.