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.