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.