By Oakley H.B. No. 632 Substitute the following for H.B. No. 632: By Tillery C.S.H.B. No. 632 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to safety standards for public and private playgrounds and 1-3 limits on the civil liability of a person who provides and 1-4 maintains a safe 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 editions 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 2" letters, "THIS EQUIPMENT IS MAINTAINED BY 2-13 (NAME OF DEPARTMENT) WHOSE TELEPHONE NUMBER IS (TELEPHONE NUMBER). 2-14 PLEASE REPORT ANY DANGEROUS CONDITION OR NEED TO REPAIR OR REPLACE 2-15 THIS EQUIPMENT AT THE ABOVE TELEPHONE NUMBER." The county, city, 2-16 or town, shall regularly inspect playground equipment and repair, 2-17 replace or otherwise make such equipment comply with the guidelines 2-18 listed in Sec. 101.064 (a) immediately after the county, city, or 2-19 town becomes aware of the condition or should have become aware of 2-20 the condition. 2-21 SECTION 2. This Act takes effect September 1, 1995, and 2-22 applies only to a cause of action which accrued on or after the 2-23 effective date of this Act. A cause of action accruing before 2-24 September 1, 1995, is governed by the law as it existed immediately 2-25 before the effective date of this Act, and that law is continued in 2-26 effect for that purpose. 2-27 SECTION 3. The importance of this legislation and the 3-1 crowded condition of the calendars in both houses create an 3-2 emergency and an imperative public necessity that the 3-3 constitutional rule requiring bills to be read on three several 3-4 days in each house be suspended, and this rule is hereby suspended.