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                               * * * * *