1-1 By: Oakley (Senate Sponsor - Montford) H.B. No. 632 1-2 (In the Senate - Received from the House May 15, 1995; 1-3 May 16, 1995, read first time and referred to Committee on Finance; 1-4 May 19, 1995, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 12, Nays 0; May 19, 1995, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 632 By: Montford 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the expenditure of public funds for certain playground 1-11 facilities. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Chapter 756, Health and Safety Code, is amended 1-14 by adding Subchapter E to read as follows: 1-15 SUBCHAPTER E. PUBLICLY FUNDED PLAYGROUNDS 1-16 Sec. 756.061. COMPLIANCE WITH SAFETY STANDARDS. (a) Except 1-17 as provided by Subsection (b), on or after September 1, 1997, 1-18 public funds may not be used: 1-19 (1) to purchase playground equipment that does not 1-20 substantially comply with each applicable provision of the Handbook 1-21 for Public Playground Safety published in 1994 by the United States 1-22 Consumer Product Safety Commission (Publication No. 325); 1-23 (2) to purchase surfacing for the area under and 1-24 around playground equipment if the surfacing will not substantially 1-25 comply, on completion of installation of the surfacing, with each 1-26 applicable provision of the handbook described by Subdivision (1); 1-27 or 1-28 (3) to pay for installation of playground equipment or 1-29 surfacing if the installation will not substantially comply, on 1-30 completion of the installation, with each applicable provision of 1-31 the handbook described by Subdivision (1). 1-32 (b) Public funds may be used for maintenance of playground 1-33 equipment or surfacing for the area under and around playground 1-34 equipment that was purchased before September 1, 1997, even if the 1-35 equipment or surfacing does not substantially comply, on completion 1-36 of the maintenance, with each applicable provision of the handbook 1-37 described by Subsection (a)(1). 1-38 (c) This section: 1-39 (1) does not create, increase, decrease, or otherwise 1-40 affect a person's liability for damages for injury, death, or other 1-41 harm caused by playground equipment, surfacing, or the installation 1-42 of the equipment or surfacing; and 1-43 (2) is not a waiver of sovereign immunity of any 1-44 governmental entity. 1-45 SECTION 2. The importance of this legislation and the 1-46 crowded condition of the calendars in both houses create an 1-47 emergency and an imperative public necessity that the 1-48 constitutional rule requiring bills to be read on three several 1-49 days in each house be suspended, and this rule is hereby suspended, 1-50 and that this Act take effect and be in force from and after its 1-51 passage, and it is so enacted. 1-52 * * * * *