1-1 By: Naishtat, et al. (Senate Sponsor - Moncrief) H.B. No. 2850 1-2 (In the Senate - Received from the House May 15, 1995; 1-3 May 18, 1995, read first time and referred to Committee on Health 1-4 and Human Services; May 23, 1995, reported adversely, with 1-5 favorable Committee Substitute by the following vote: Yeas 5, Nays 1-6 0; May 23, 1995, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 2850 By: Moncrief 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the regulation of the indoor air quality of certain 1-11 school district buildings. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Subtitle C, Title 5, Health and Safety Code, is 1-14 amended by adding Chapter 385 to read as follows: 1-15 CHAPTER 385. INDOOR AIR QUALITY IN SCHOOL DISTRICT BUILDINGS 1-16 Sec. 385.001. DEFINITIONS. In this chapter: 1-17 (1) "Air contaminant" means a gaseous, liquid, or 1-18 solid substance or combination of substances that is in a form that 1-19 is transported by or in air and has the potential to be detrimental 1-20 to human health. 1-21 (2) "Board" means the Texas Board of Health. 1-22 (3) "Indoor air pollution" means the presence, in an 1-23 indoor environment, of one or more air contaminants in sufficient 1-24 concentration and of sufficient duration to be capable of causing 1-25 adverse effects to human health. 1-26 (4) "Public school" means a building owned by a public 1-27 school district or leased by a public school district for three 1-28 months or more that is used by the district for a purpose that 1-29 involves regular occupancy of the building by students. 1-30 Sec. 385.002. POWERS AND DUTIES OF BOARD. (a) The board by 1-31 rule shall establish voluntary guidelines for indoor air quality in 1-32 public schools, including guidelines for ventilation and indoor air 1-33 pollution control systems. The board may adopt other rules 1-34 necessary to implement this chapter. 1-35 (b) In establishing the guidelines, the board shall 1-36 consider: 1-37 (1) the potential chronic effects of air contaminants 1-38 on human health; 1-39 (2) the potential effects of insufficient ventilation 1-40 of the indoor environment on human health; 1-41 (3) the potential costs of health care for the 1-42 short-term and long-term effects on human health that may result 1-43 from exposure to indoor air contaminants; and 1-44 (4) the potential costs of compliance with a proposed 1-45 guideline. 1-46 (c) A guideline adopted under this chapter may include a 1-47 contaminant concentration, a control method, a sampling method, a 1-48 ventilation rate, design, or procedure, or a similar 1-49 recommendation. 1-50 (d) The board's guidelines may differ for different 1-51 pollution sources or different areas of the state. 1-52 Sec. 385.003. LIABILITY AND IMMUNITY. This chapter does not 1-53 create liability for a school board for an injury caused by the 1-54 failure to comply with the voluntary guidelines established under 1-55 Section 385.002. 1-56 SECTION 2. This Act takes effect September 1, 1995. 1-57 SECTION 3. The importance of this legislation and the 1-58 crowded condition of the calendars in both houses create an 1-59 emergency and an imperative public necessity that the 1-60 constitutional rule requiring bills to be read on three several 1-61 days in each house be suspended, and this rule is hereby suspended. 1-62 * * * * *