BILL ANALYSIS C.S.S.B. 1352 By: Montford State Affairs 5-8-95 Committee Report (Substituted) BACKGROUND Numerous playground equipment-related injuries occur yearly in Texas. Most of these are preventable. The U.S. Consumer Product Safety Commission (CPSC) has issued safety guidelines and standards to reduce the frequency and severity of public playground-related injuries and deaths. These guidelines and standards are the result of extensive research and study over several years by a broad range of experts, including persons from the playground manufacturing and design sectors, independent consultants, and consumer-oriented participants. However, since the CPSC guidelines are "voluntary," there is no legal requirement that the providers of public playground equipment, surfacing, and installation comply, nor that the owners or operators either have complying equipment, surfacing, and installation or give the public fair notice concerning noncompliance. PURPOSE As proposed, C.S.S.B. 1352 prohibits the use of public funds for purchasing or installation of playground equipment or surfacing that does not comply with the Handbook for Public Playground Safety. 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) Prohibits public funds from being used on or after September 1, 1997, to purchase playground equipment, purchase surfacing, or to pay for installation of playground equipment or surfacing if the equipment, surfacing, or installation does not comply with provisions of the Handbook for Public Playground Safety. (b) Provides that this section does not 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 is not a waiver of sovereign immunity of any governmental entity. SECTION 2. Emergency clause. Effective date: upon passage.