77R13204 CAS-D
By Wise H.B. No. 395
Substitute the following for H.B. No. 395:
By Dunnam C.S.H.B. No. 395
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the safety of school district playgrounds.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 38, Education Code, is amended by adding
1-5 Section 38.014 to read as follows:
1-6 Sec. 38.014. PLAYGROUND SAFETY. (a) In this section,
1-7 "playground" includes playground equipment and the surfacing for
1-8 the area under and around playground equipment.
1-9 (b) Each school district shall appoint a current district
1-10 employee to serve as the playground safety coordinator.
1-11 (c) In addition to the employee's other duties, the employee
1-12 appointed as the playground safety coordinator shall:
1-13 (1) ensure that new district playground equipment and
1-14 surfacing for the area under and around that playground equipment
1-15 substantially complies with and is installed in a manner that
1-16 substantially complies with the most recent guidelines for public
1-17 playground safety adopted by the United States Consumer Product
1-18 Safety Commission and published in the Handbook for Public
1-19 Playground Safety or a successor publication, regardless of whether
1-20 Section 756.061, Health and Safety Code, applies;
1-21 (2) ensure that each district playground:
1-22 (A) is inspected for safety on a reasonable
1-23 schedule; and
1-24 (B) substantially complies with the most recent
2-1 guidelines for public playground safety adopted by the Consumer
2-2 Product Safety Commission and published in the Handbook for Public
2-3 Playground Safety or a successor publication or is otherwise safe
2-4 and, to the greatest extent practicable, complies with those safety
2-5 guidelines;
2-6 (3) post information at each district playground
2-7 stating the name, the phone number, and any e-mail address of the
2-8 coordinator;
2-9 (4) receive and, if appropriate, act on complaints or
2-10 suggestions concerning district playground safety from district
2-11 personnel, parents of district students, and other members of the
2-12 community;
2-13 (5) collaborate with personnel at each district school
2-14 in:
2-15 (A) maintaining or improving the safety of the
2-16 school's playground; and
2-17 (B) ensuring supervision of children on the
2-18 playground; and
2-19 (6) take other reasonable action necessary to ensure
2-20 the safety of district playgrounds.
2-21 (d) The playground safety coordinator shall refer to the
2-22 United States Consumer Product Safety Commission Public Playground
2-23 Safety Checklist in carrying out duties under this section.
2-24 SECTION 2. This Act applies beginning with the 2001-2002
2-25 school year.
2-26 SECTION 3. This Act takes effect immediately if it receives
2-27 a vote of two-thirds of all the members elected to each house, as
3-1 provided by Section 39, Article III, Texas Constitution. If this
3-2 Act does not receive the vote necessary for immediate effect, this
3-3 Act takes effect September 1, 2001.