H.B. No. 632 1-1 AN ACT 1-2 relating to the expenditure of public funds for certain playground 1-3 facilities. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 756, Health and Safety Code, is amended 1-6 by adding Subchapter E to read as follows: 1-7 SUBCHAPTER E. PUBLICLY FUNDED PLAYGROUNDS 1-8 Sec. 756.061. COMPLIANCE WITH SAFETY STANDARDS. (a) Except 1-9 as provided by Subsection (b), on or after September 1, 1997, 1-10 public funds may not be used: 1-11 (1) to purchase playground equipment that does not 1-12 substantially comply with each applicable provision of the Handbook 1-13 for Public Playground Safety published in 1994 by the United States 1-14 Consumer Product Safety Commission (Publication No. 325); 1-15 (2) to purchase surfacing for the area under and 1-16 around playground equipment if the surfacing will not substantially 1-17 comply, on completion of installation of the surfacing, with each 1-18 applicable provision of the handbook described by Subdivision (1); 1-19 or 1-20 (3) to pay for installation of playground equipment or 1-21 surfacing if the installation will not substantially comply, on 1-22 completion of the installation, with each applicable provision of 1-23 the handbook described by Subdivision (1). 1-24 (b) Public funds may be used for maintenance of playground 2-1 equipment or surfacing for the area under and around playground 2-2 equipment that was purchased before September 1, 1997, even if the 2-3 equipment or surfacing does not substantially comply, on completion 2-4 of the maintenance, with each applicable provision of the handbook 2-5 described by Subsection (a)(1). 2-6 (c) This section: 2-7 (1) does not create, increase, decrease, or otherwise 2-8 affect a person's liability for damages for injury, death, or other 2-9 harm caused by playground equipment, surfacing, or the installation 2-10 of the equipment or surfacing; and 2-11 (2) is not a waiver of sovereign immunity of any 2-12 governmental entity. 2-13 SECTION 2. The importance of this legislation and the 2-14 crowded condition of the calendars in both houses create an 2-15 emergency and an imperative public necessity that the 2-16 constitutional rule requiring bills to be read on three several 2-17 days in each house be suspended, and this rule is hereby suspended, 2-18 and that this Act take effect and be in force from and after its 2-19 passage, and it is so enacted.