H.B. No. 2850
1-1 AN ACT
1-2 relating to the regulation of the indoor air quality of certain
1-3 school district buildings.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle C, Title 5, Health and Safety Code, is
1-6 amended by adding Chapter 385 to read as follows:
1-7 CHAPTER 385. INDOOR AIR QUALITY IN SCHOOL DISTRICT BUILDINGS
1-8 Sec. 385.001. DEFINITIONS. In this chapter:
1-9 (1) "Air contaminant" means a gaseous, liquid, or
1-10 solid substance or combination of substances that is in a form that
1-11 is transported by or in air and has the potential to be detrimental
1-12 to human health.
1-13 (2) "Board" means the Texas Board of Health.
1-14 (3) "Indoor air pollution" means the presence, in an
1-15 indoor environment, of one or more air contaminants in sufficient
1-16 concentration and of sufficient duration to be capable of causing
1-17 adverse effects to human health.
1-18 (4) "Public school" means a building owned by a public
1-19 school district or leased by a public school district for three
1-20 months or more that is used by the district for a purpose that
1-21 involves regular occupancy of the building by students.
1-22 Sec. 385.002. POWERS AND DUTIES OF BOARD. (a) The board by
1-23 rule shall establish voluntary guidelines for indoor air quality in
2-1 public schools, including guidelines for ventilation and indoor air
2-2 pollution control systems. The board may adopt other rules
2-3 necessary to implement this chapter.
2-4 (b) In establishing the guidelines, the board shall
2-5 consider:
2-6 (1) the potential chronic effects of air contaminants
2-7 on human health;
2-8 (2) the potential effects of insufficient ventilation
2-9 of the indoor environment on human health;
2-10 (3) the potential costs of health care for the
2-11 short-term and long-term effects on human health that may result
2-12 from exposure to indoor air contaminants; and
2-13 (4) the potential costs of compliance with a proposed
2-14 guideline.
2-15 (c) A guideline adopted under this chapter may include a
2-16 contaminant concentration, a control method, a sampling method, a
2-17 ventilation rate, design, or procedure, or a similar
2-18 recommendation.
2-19 (d) The board's guidelines may differ for different
2-20 pollution sources or different areas of the state.
2-21 Sec. 385.003. LIABILITY AND IMMUNITY. This chapter does not
2-22 create liability for a school board for an injury caused by the
2-23 failure to comply with the voluntary guidelines established under
2-24 Section 385.002.
2-25 SECTION 2. This Act takes effect September 1, 1995.
3-1 SECTION 3. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended.