By Oakley H.B. No. 632
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to safety standards for public playgrounds and limits on
1-3 the civil liability of a person who provides and maintains a safe
1-4 playground.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter C, Chapter 101, Civil Practice and
1-7 Remedies Code, is amended by adding Section 101.064 to read as
1-8 follows:
1-9 Sec. 101.064. DAMAGES ARISING FROM THE DESIGN, INSTALLATION,
1-10 AND USE OF PUBLIC PLAYGROUND EQUIPMENT. (a) It is a defense to an
1-11 action for negligence brought under this chapter against a county,
1-12 city, or town, alleging liability for property damage, personal
1-13 injury, or death on a public playground that at the time of the
1-14 incident giving rise to the claim the playground equipment complied
1-15 with all standards, guidelines, or recommendations set forth in the
1-16 most recent edition of the Handbook for Public Playground Safety
1-17 published by the United States Consumer Product Safety Commission
1-18 or the Standard Consumer Safety Performance Specification for
1-19 Playground Equipment for Public Use published by the American
1-20 Society for Testing and Material.
1-21 (b) In this section, "public playground" means an indoor or
1-22 outdoor area with playground equipment designed and installed
1-23 primarily for children under the age of 12 to engage in play that
1-24 is owned, operated, and controlled by a county, city, or town. The
2-1 term does not include an athletic field or court or a swimming pool
2-2 or any areas or equipment unrelated to playground equipment.
2-3 (c) In this section, "playground equipment" means equipment
2-4 permanently affixed to real property that is specifically designed
2-5 for recreational use by children under the age of 12 and installed
2-6 or provided on a playground.
2-7 (d) To be entitled to a defense under this section, the
2-8 county, city, or town shall place on the playground equipment a
2-9 sign in a prominent location that identifies the name, telephone
2-10 number, person, and department of the county, city, or town,
2-11 responsible for the operation and upkeep of the equipment. The
2-12 sign shall state in two-inch letters, "THIS EQUIPMENT IS MAINTAINED
2-13 BY (NAME OF DEPARTMENT) WHOSE TELEPHONE NUMBER IS (TELEPHONE
2-14 NUMBER). PLEASE REPORT ANY DANGEROUS CONDITION OR NEED TO REPAIR
2-15 OR REPLACE THIS EQUIPMENT AT THE ABOVE TELEPHONE NUMBER." The
2-16 county, city, or town shall regularly inspect playground equipment
2-17 and repair, replace, or otherwise make such equipment comply with
2-18 the guidelines listed in Subsection (a) immediately after the
2-19 county, city, or town becomes aware of the condition or should have
2-20 become aware of the condition.
2-21 SECTION 2. Chapter 756, Health and Safety Code, is amended
2-22 by adding Subchapter E to read as follows:
2-23 SUBCHAPTER E. PUBLICLY FUNDED PLAYGROUNDS
2-24 Sec. 756.061. COMPLIANCE WITH SAFETY STANDARDS. (a) On or
2-25 after September 1, 1997, public funds may not be used:
2-26 (1) to purchase playground equipment that does not
2-27 substantially comply with each applicable provision of the most
3-1 recent edition, at the time of the purchase, of the Handbook for
3-2 Public Playground Safety published by the United States Consumer
3-3 Product Safety Commission;
3-4 (2) to purchase surfacing for the area under and
3-5 around playground equipment if the surfacing will not substantially
3-6 comply, on completion of installation of the surfacing, with each
3-7 applicable provision of the most recent edition, at the time of the
3-8 purchase, of the handbook described by Subdivision (1); or
3-9 (3) to pay for installation of playground equipment or
3-10 surfacing if the installation will not substantially comply, on
3-11 completion of the installation, with each applicable provision of
3-12 the most recent edition, at the time of the installation, of the
3-13 handbook described by Subdivision (1).
3-14 (b) This section:
3-15 (1) does not create, increase, decrease, or otherwise
3-16 affect a person's liability for damages for injury, death, or other
3-17 harm caused by playground equipment, surfacing, or the installation
3-18 of the equipment or surfacing; and
3-19 (2) is not a waiver of sovereign immunity of any
3-20 governmental entity.
3-21 SECTION 3. This Act takes effect September 1, 1995, and
3-22 applies only to a cause of action which accrued on or after the
3-23 effective date of this Act. A cause of action accruing before
3-24 September 1, 1995, is governed by the law as it existed immediately
3-25 before the effective date of this Act, and that law is continued in
3-26 effect for that purpose.
3-27 SECTION 4. The importance of this legislation and the
4-1 crowded condition of the calendars in both houses create an
4-2 emergency and an imperative public necessity that the
4-3 constitutional rule requiring bills to be read on three several
4-4 days in each house be suspended, and this rule is hereby suspended.