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.