SRC-CTC H.B. 2006 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2006
By: Naishtat (Moncrief)
Education
5/7/2001
Engrossed


DIGEST AND PURPOSE 

Currently, the indoor air quality voluntary guidelines for public schools
give schools general guidance regarding conditions that may cause poor
indoor air quality.  In schools, air pollutants can come from several
sources including furniture, carpeting, walls, ceilings, bookcases, 
chalkboards, and computers. Schools also have a variety of special
polluting areas such as kitchens, cafeterias, science labs, and cleaning
storage areas.  The earlier a problem is detected, the less costly it is to
repair.  H.B. 2006 requires school districts to regularly assess the 
indoor air quality of public school buildings. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Board of Health in
SECTION 1 (Section 385.003, Health and Safety Code) of this bill. 

Rulemaking authority is expressly granted to the Texas Department of Health
in SECTION 1 (Sections 385.102 and 385.151, Health and Safety Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 385, Health and Safety Code, as follows:

SUBCHAPTER A.  GENERAL PROVISIONS

 Sec. 385.001.  Defines "department."

Sec. 385.002.  New heading: EDUCATION PROGRAM.  Requires the Texas
Department of Health (department) to conduct a statewide education program
regarding the importance of and ways to improve indoor air quality in
public schools. 

Sec. 385.003.  RULES.  Authorizes the Texas Board of Health (board) to
adopt rules necessary to implement this chapter. 

SUBCHAPTER B.  VOLUNTARY GUIDELINES

Redesignates Section 385.002 as Section 385.051 and deletes text relating
to the adoption of rules by the board. 

Redesignates Section 385.003 as Section 385.052.  Provides that this
subchapter does not create liability for a school board, school district,
or school district employee for an injury caused by the failure to comply
with the voluntary guidelines established under Section 385.051, rather
than Section 385.002. 

SUBCHAPTER C.  SCHOOL BUILDING ASSESSMENT PROGRAM

 Sec. 385.101.  DUTIES OF SCHOOL DISTRICTS; PERIODIC ASSESSMENTS OF INDOOR
AIR QUALITY.  (a) Requires a school district to assess the indoor air
quality of a public school in the district at certain times.   

(b) Requires the school principal or health care personnel, 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, to report that fact to the board of trustees and the superintendent
of the district.  Requires the superintendent to consider the situation,
consult with health care professionals and other persons as neccessary, and
order an assessment of the indoor air quality (assessment) of the school if
the superintendent considers an assessment to be warranted. 

(c) Provides that this section does not prohibit conducting additional
assessments whenever required by prudence or other law. 

(d) Requires the school district to use individuals certified by the
department under Subchapter D to conduct the assessments. 

(e) Requires the assessments to be conducted using the criteria established
by the department under Section 385.102. 

Sec. 385.102.  DUTIES OF DEPARTMENT; CRITERIA FOR BUILDING ASSESSMENTS.
Requires the department to establish, by rule, criteria and checklists for
assessing the indoor air quality of public schools.  Requires the rules to
include requirements for assessing the indoor air quality of each school
with respect to certain items.  Sets forth certain requirements for the
department to consider in establishing acceptable assessment methods or in
adding to the factors listed under this section. 

Sec. 385.103.  AVAILABILITY OF ASSESSMENT RESULTS.  Requires the school
district, not later than the 60th day after the date an assessment is
completed, to send the complete results of the assessment, in a certain
format, to the department and to the campuslevel planning and
decision-making committee established under Section 11.253, Education Code,
for the affected public school.  Requires a school district on request to
promptly make available to any member of the public the complete results of
an assessment. 

SUBCHAPTER D.  DEPARTMENT CERTIFICATION PROGRAM

Sec. 385.151.  CERTIFICATION PROGRAM.  Requires the department to certify
individuals to perform the assessments under Subchapter C.  Requires the
department to adopt rules to govern the certification program that are
designed to ensure persons certified under this subchapter are capable of
performing the assessments and will properly report the results of the
assessment.  Sets forth certain requirements of the rules adopted under
this section.  Authorizes the department to certify a person under this
subchapter without requiring the usual testing and training under certain
circumstances. 

Sec. 385.152.  CERTIFICATION FEE.  Requires the department to charge a
certification fee of $50 to persons who become certified under this
subchapter.  Provides that the fee is payable on issuance of the
certificate and on the renewal of a certificate.  Requires a school
district pay the certification fees of school district personnel who become
certified under this subchapter. 

SECTION 2.  Amends Chapter 46A, Education Code, by adding Section 46.0082,
as follows: 

Sec. 46.0082.  ASSESSMENT OF INDOOR AIR QUALITY REQUIRED FOR CONSTRUCTION
OR RENOVATION PROJECTS.  Prohibits a school district from using 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 facilities within 90
days after the construction or renovation is completed in accordance with
Chapter 385, Health and Safety Code. 

SECTION 3.  Makes application of Section 46.0082, Education Code, as added
by this Act, prospective. 

SECTION 4.  Effective date: September 1, 2001.