Amend HB 2008 as follows:
(1) In SECTION 1 of the bill, between the heading for
Chapter 385, Health and Safety Code, and the heading for Section
385.001, Health and Safety Code (page 1, between lines 15 and 16,
senate committee printing), insert the following:
SUBCHAPTER A. GENERAL PROVISIONS
(2) In SECTION 1 of the bill, in Section 385.001, Health and
Safety Code, strike the stricken definition of a public school
(page 1, lines 36-39, senate committee printing) and substitute the
following:
(5) <(4)> "Public school" means a building owned by a
public school district or leased by a public school district for
three months or more that is used by the district for a purpose
that involves regular occupancy of the building by students.
(3) Insert the following at the end of the SECTION 1 of the
bill (page 2, between lines 2 and 3, senate committee printing):
SUBCHAPTER B. SCHOOL BUILDING ASSESSMENT PROGRAM
Sec. 385.051. DUTIES OF SCHOOL DISTRICTS; PERIODIC
ASSESSMENTS OF INDOOR AIR QUALITY. (a) A school district shall
assess the indoor air quality of a public school in the district:
(1) within 90 days after the completion of a newly
constructed school;
(2) within 90 days after an event that could
reasonably be expected to significantly affect the indoor air
quality in the school, such as a fire at the school, renovation of
the school, or flooding of the school;
(3) when an assessment of the school is ordered by the
superintendent of the district under Subsection (b); and
(4) within 90 days after the completion of remedial
action taken to remedy a problem found during an earlier assessment
of indoor air quality at the school.
(b) If there are confirmed reports of illness among students
or staff at a public school that may reasonably be attributable to
the indoor air quality of the school, the school principal or
health care personnel employed by the school district shall report
that fact to the board of trustees and the superintendent of the
district. The superintendent shall consider the situation, consult
with health care professionals and other persons as necessary, and
order an assessment of the indoor air quality of the school if the
superintendent considers an assessment to be warranted.
(c) This section does not prohibit conducting additional
assessments whenever required by prudence or other law.
(d) The school district shall use individuals certified by
the Texas Department of Health under Subchapter C to conduct the
assessments.
(e) The assessments shall be conducted using the criteria
established by the department under Section 385.052.
Sec. 385.052. DUTIES OF DEPARTMENT OF HEALTH; CRITERIA FOR
BUILDING ASSESSMENTS. (a) The Texas Department of Health shall
establish by rule criteria and checklists for assessing the indoor
air quality of public schools.
(b) The rules must include requirements for assessing the
indoor air quality of each school with respect to ambient
temperature, relative humidity, the adequacy of ventilation, and
the presence of:
(1) carbon monoxide;
(2) volatile organic compounds;
(3) formaldehyde;
(4) particulate matter;
(5) carbon dioxide; and
(6) molds.
(c) In establishing acceptable assessment methods or in
adding to the factors listed under Subsection (b), the department
shall consider the potential health effects and potential costs the
board is required to consider in adopting the voluntary guidelines
under Section 385.002.
Sec. 385.053. AVAILABILITY OF ASSESSMENT RESULTS. (a) Not
later than the 60th day after the date an assessment of indoor air
quality in a public school is completed, the school district shall
send the complete results of the assessment, in a format prescribed
by the Texas Department of Health, to the department and to the
campus-level planning and decision-making committee established
under Section 11.253, Education Code, for the affected public
school.
(b) A school district on request shall promptly make
available to any member of the public the complete results of an
assessment of indoor air quality in a public school.
SUBCHAPTER C. DEPARTMENT OF HEALTH CERTIFICATION PROGRAM
Sec. 385.101. CERTIFICATION PROGRAM. (a) The Texas
Department of Health shall certify individuals to perform public
school indoor air quality assessments under Subchapter B.
(b) The department shall adopt rules to govern the
certification program that are designed to ensure persons certified
under this subchapter are capable of performing the air quality
assessments and will properly report the results of an assessment.
The rules must specify the training and testing a person must
undergo to become certified under this subchapter. The rules also
must specify the term of a license and grounds for suspension,
revocation, or denial of a license.
(c) The department may certify a person under this
subchapter without requiring the usual testing and training if:
(1) the person is licensed or certified in another
field, such as a certified industrial hygienist, certified indoor
environmentalist, certified safety professional, or professional
engineer;
(2) the person is experienced in assessing indoor air
quality; and
(3) the department considers the applicable
requirements for licensing or certification in the other field to
meet or exceed the requirements established by the department under
this subchapter.
Sec. 385.102. CERTIFICATION FEE. (a) The Texas Department
of Health shall charge a certification fee of $50 to persons who
become certified under this subchapter. The fee is payable on
issuance of the certificate and on the renewal of a certificate.
(b) A school district shall pay the certification fees of
school district personnel who become certified under this
subchapter.
(4) Add the following appropriately numbered SECTIONS to the
bill and renumber existing SECTIONS of the bill appropriately:
SECTION ____. Subchapter A, Chapter 46, Education Code, is
amended by adding Section 46.0082 to read as follows:
Sec. 46.0082. ASSESSMENT OF INDOOR AIR QUALITY REQUIRED FOR
CONSTRUCTION OR RENOVATION PROJECTS. A school district may not use
state funds received under this chapter to make payments on bonds
issued in connection with the construction or renovation of an
instructional facility unless the district assesses the indoor air
quality of the facility within 90 days after the construction or
renovation is completed in accordance with Chapter 385, Health and
Safety Code.
SECTION ____. Section 46.0082, Education Code, as added by
this Act, does not apply to a construction or renovation project
for which working drawings were completed before the effective date
of this Act. A construction or renovation project for which
working drawings were completed before the effective date of this
Act is governed by the law in effect at the time the drawings were
completed, and that law is continued in effect for that purpose.