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.