1-1        By:  Montford                                   S.B. No. 1352
    1-2        (In the Senate - Filed March 10, 1995; March 20, 1995, read
    1-3  first time and referred to Committee on State Affairs; May 5, 1995,
    1-4  reported adversely, with favorable Committee Substitute by the
    1-5  following vote:  Yeas 9, Nays 4; May 5, 1995, sent to printer.)
    1-6  COMMITTEE SUBSTITUTE FOR S.B. No. 1352               By:  Wentworth
    1-7                         A BILL TO BE ENTITLED
    1-8                                AN ACT
    1-9  relating to the expenditure of public funds for certain playground
   1-10  facilities.
   1-11        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-12        SECTION 1.  Chapter 756, Health and Safety Code, is amended
   1-13  by adding Subchapter E to read as follows:
   1-14              SUBCHAPTER E.  PUBLICLY FUNDED PLAYGROUNDS
   1-15        Sec. 756.061.  COMPLIANCE WITH SAFETY STANDARDS.  (a)  On or
   1-16  after September 1, 1997, public funds may not be used:
   1-17              (1)  to purchase playground equipment that does not
   1-18  substantially comply with each applicable provision of the Handbook
   1-19  for Public Playground Safety published in 1994 by the United States
   1-20  Consumer Product Safety Commission (Publication No. 325);
   1-21              (2)  to purchase surfacing for the area under and
   1-22  around playground equipment if the surfacing will not substantially
   1-23  comply, on completion of installation of the surfacing, with each
   1-24  applicable provision of the handbook described by Subdivision (1);
   1-25  or
   1-26              (3)  to pay for installation of playground equipment or
   1-27  surfacing if the installation will not substantially comply, on
   1-28  completion of the installation, with each applicable provision of
   1-29  the handbook described by Subdivision (1).
   1-30        (b)  This section:
   1-31              (1)  does not create, increase, decrease, or otherwise
   1-32  affect a person's liability for damages for injury, death, or other
   1-33  harm caused by playground equipment, surfacing, or the installation
   1-34  of the equipment or surfacing; and
   1-35              (2)  is not a waiver of sovereign immunity of any
   1-36  governmental entity.
   1-37        SECTION 2.  The importance of this legislation and the
   1-38  crowded condition of the calendars in both houses create an
   1-39  emergency and an imperative public necessity that the
   1-40  constitutional rule requiring bills to be read on three several
   1-41  days in each house be suspended, and this rule is hereby suspended,
   1-42  and that this Act take effect and be in force from and after its
   1-43  passage, and it is so enacted.
   1-44                               * * * * *