BILL ANALYSIS



C.S.H.B. 2850
By: Naishtat
05-02-95
Committee Report (Substituted)


BACKGROUND

Current Texas law provides no standards for indoor air quality in
public buildings, including public schools. Indoor air quality
standards are important for schools because children are
particularly susceptible to air pollution, the effects of which can
contribute not only to respiratory illnesses, allergies and asthma,
but also to a reduction in the ability to concentrate. 

The Texas Department of Health's (TDH) Occupational Health Division
currently responds to complaints relating to indoor air and can
make recommendations for improved maintenance and other repairs
that may remedy the situation. However, guidelines would serve as
a point of reference for school officials and employees, parents,
and members of the construction and ventilation trades. Many of
these people are simply not aware of the problems poor air quality
can cause.  Allowing the Texas Board of Health (Board) to develop
voluntary guidelines would permit TDH to better function as a
resource to school boards on those problems. 

PURPOSE

H.B. 2850 would require the Board to establish voluntary guidelines
for indoor air quality in public schools and sets forth criteria
for establishing those guidelines. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill grants additional
rulemaking authority to the Texas Board of Health in Section 1
(Chapter 385 of Subtitle C, Title 5, Health and Safety Code).

SECTION BY SECTION ANALYSIS

SECTION 1. Adds Chapter 385 to Subtitle C, Title 5, Health and
Safety Code, as follows:

     CHAPTER 385. INDOOR AIR QUALITY IN SCHOOL DISTRICT BUILDINGS.

     Sec. 385.001. DEFINITIONS. Defines "air contaminant," "Board,"
     "indoor air pollution," and "public school."

     Sec. 385.002. POWERS AND DUTIES OF BOARD. (a) Requires the
     Board by rule to establish specified voluntary guidelines for
     indoor air quality in public schools. Allows the Board to
     adopt other rules as necessary to implement this chapter.

     (b) Sets forth the specified considerations the Board is
     required to consider when establishing the guidelines.

     (c) Sets forth the specified considerations the Board may
     include in a guideline adopted under this chapter.

     (d) States that the Board's guidelines may differ for
     different pollution sources or different areas of the state.

SECTION 2. Effective date: September 1, 1995.

SECTION 3. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute for H.B. 2850 contains non-substantive language
changes as recommended by Legislative Council.

SUMMARY OF COMMITTEE ACTION

H.B. 2850 was considered by the Public Health Committee in a public
hearing on May 2, 1995.
The committee considered a complete substitute for the bill. The
substitute was adopted without objection. 

The following persons testified in favor of the bill:
Representative Naishtat, author of the bill.
Olivia Diann Cornyn, representing self.
Susan S. Pitman, representing The Chemical Connection, a Public
Health Network of Texans      Sensitive to Chemicals.

H.B. 2850 was reported favorably as substituted with the
recommendation that it do pass and be printed and be sent to the
Committee on Local and Consent Calendars, by a record vote of 5
AYES, 0 NAYS, 0 PNV, and 4 ABSENT.