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 * * * * *