By Naishtat, Madden, Coleman H.B. No. 2006
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to indoor air quality in public school buildings.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 385, Health and Safety Code, is amended to
1-5 read as follows:
1-6 CHAPTER 385. INDOOR AIR QUALITY IN SCHOOL DISTRICT BUILDINGS
1-7 SUBCHAPTER A. GENERAL PROVISIONS
1-8 Sec. 385.001. DEFINITIONS. In this chapter:
1-9 (1) "Air contaminant" means a gaseous, liquid, or
1-10 solid substance or combination of substances that is in a form that
1-11 is transported by or in air and has the potential to be detrimental
1-12 to human health.
1-13 (2) "Board" means the Texas Board of Health.
1-14 (3) "Department" means the Texas Department of Health.
1-15 (4) "Indoor air pollution" means the presence, in an
1-16 indoor environment, of one or more air contaminants in sufficient
1-17 concentration and of sufficient duration to be capable of causing
1-18 adverse effects to human health.
1-19 (5) [(4)] "Public school" means a building owned by a
1-20 public school district or leased by a public school district for
1-21 three months or more that is used by the district for a purpose
1-22 that involves regular occupancy of the building by students.
1-23 Sec. 385.002. EDUCATION PROGRAM. The department shall
1-24 conduct a statewide education program regarding the importance of
2-1 and ways to improve indoor air quality in public schools.
2-2 Sec. 385.003. RULES. The board may adopt rules necessary to
2-3 implement this chapter.
2-4 SUBCHAPTER B. VOLUNTARY GUIDELINES
2-5 Sec. 385.051. POWERS AND DUTIES OF BOARD. (a) The board by
2-6 rule shall establish voluntary guidelines for indoor air quality in
2-7 public schools, including guidelines for ventilation and indoor air
2-8 pollution control systems. [The board may adopt other rules
2-9 necessary to implement this chapter.]
2-10 (b) In establishing the guidelines, the board shall
2-11 consider:
2-12 (1) the potential chronic effects of air contaminants
2-13 on human health;
2-14 (2) the potential effects of insufficient ventilation
2-15 of the indoor environment on human health;
2-16 (3) the potential costs of health care for the
2-17 short-term and long-term effects on human health that may result
2-18 from exposure to indoor air contaminants; and
2-19 (4) the potential costs of compliance with a proposed
2-20 guideline.
2-21 (c) A guideline adopted under this chapter may include a
2-22 contaminant concentration, a control method, a sampling method, a
2-23 ventilation rate, design, or procedure, or a similar
2-24 recommendation.
2-25 (d) The board's guidelines may differ for different
2-26 pollution sources or different areas of the state.
2-27 Sec. 385.052 [385.003]. LIABILITY AND IMMUNITY. This
3-1 subchapter [chapter] does not create liability for a school board,
3-2 school district, or school district employee for an injury caused
3-3 by the failure to comply with the voluntary guidelines established
3-4 under Section 385.051 [385.002].
3-5 SUBCHAPTER C. SCHOOL BUILDING ASSESSMENT PROGRAM
3-6 Sec. 385.101. DUTIES OF SCHOOL DISTRICTS; PERIODIC
3-7 ASSESSMENTS OF INDOOR AIR QUALITY. (a) A school district shall
3-8 assess the indoor air quality of a public school in the district:
3-9 (1) within 90 days after the completion of a newly
3-10 constructed school;
3-11 (2) within 90 days after an event that could
3-12 reasonably be expected to significantly affect the indoor air
3-13 quality in the school, such as a fire at the school, renovation of
3-14 the school, or flooding of the school;
3-15 (3) when an assessment of the school is ordered by the
3-16 superintendent of the district under Subsection (b); and
3-17 (4) within 90 days after the completion of remedial
3-18 action taken to remedy a problem found during an earlier assessment
3-19 of indoor air quality at the school.
3-20 (b) If there are confirmed reports of illness among students
3-21 or staff at a public school that may reasonably be attributable to
3-22 the indoor air quality of the school, the school principal or
3-23 health care personnel employed by the school district shall report
3-24 that fact to the board of trustees and the superintendent of the
3-25 district. The superintendent shall consider the situation, consult
3-26 with health care professionals and other persons as necessary, and
3-27 order an assessment of the indoor air quality of the school if the
4-1 superintendent considers an assessment to be warranted.
4-2 (c) This section does not prohibit conducting additional
4-3 assessments whenever required by prudence or other law.
4-4 (d) The school district shall use individuals certified by
4-5 the department under Subchapter D to conduct the assessments.
4-6 (e) The assessments shall be conducted using the criteria
4-7 established by the department under Section 385.102.
4-8 Sec. 385.102. DUTIES OF DEPARTMENT; CRITERIA FOR BUILDING
4-9 ASSESSMENTS. (a) The department shall establish by rule criteria
4-10 and checklists for assessing the indoor air quality of public
4-11 schools.
4-12 (b) The rules must include requirements for assessing the
4-13 indoor air quality of each school with respect to ambient
4-14 temperature, relative humidity, the adequacy of ventilation, and
4-15 the presence of:
4-16 (1) carbon monoxide;
4-17 (2) volatile organic compounds;
4-18 (3) formaldehyde;
4-19 (4) particulate matter;
4-20 (5) carbon dioxide; and
4-21 (6) molds.
4-22 (c) In establishing acceptable assessment methods or in
4-23 adding to the factors listed under Subsection (b), the department
4-24 shall consider the potential health effects and potential costs the
4-25 board is required to consider in adopting the voluntary guidelines
4-26 under Section 385.051.
4-27 Sec. 385.103. AVAILABILITY OF ASSESSMENT RESULTS. (a) Not
5-1 later than the 60th day after the date an assessment of indoor air
5-2 quality in a public school is completed, the school district shall
5-3 send the complete results of the assessment, in a format prescribed
5-4 by the department, to the department and to the campus-level
5-5 planning and decision-making committee established under Section
5-6 11.253, Education Code, for the affected public school.
5-7 (b) A school district on request shall promptly make
5-8 available to any member of the public the complete results of an
5-9 assessment of indoor air quality in a public school.
5-10 SUBCHAPTER D. DEPARTMENT CERTIFICATION PROGRAM
5-11 Sec. 385.151. CERTIFICATION PROGRAM. (a) The department
5-12 shall certify individuals to perform public school indoor air
5-13 quality assessments under Subchapter C.
5-14 (b) The department shall adopt rules to govern the
5-15 certification program that are designed to ensure persons certified
5-16 under this subchapter are capable of performing the air quality
5-17 assessments and will properly report the results of an assessment.
5-18 The rules must specify the training and testing a person must
5-19 undergo to become certified under this subchapter. The rules also
5-20 must specify the term of a license and grounds for suspension,
5-21 revocation, or denial of a license.
5-22 (c) The department may certify a person under this
5-23 subchapter without requiring the usual testing and training if:
5-24 (1) the person is licensed or certified in another
5-25 field, such as a certified industrial hygienist, certified indoor
5-26 environmentalist, certified safety professional, or professional
5-27 engineer;
6-1 (2) the person is experienced in assessing indoor air
6-2 quality; and
6-3 (3) the department considers the applicable
6-4 requirements for licensing or certification in the other field to
6-5 meet or exceed the requirements established by the department under
6-6 this subchapter.
6-7 Sec. 385.152. CERTIFICATION FEE. (a) The department shall
6-8 charge a certification fee of $50 to persons who become certified
6-9 under this subchapter. The fee is payable on issuance of the
6-10 certificate and on the renewal of a certificate.
6-11 (b) A school district shall pay the certification fees of
6-12 school district personnel who become certified under this
6-13 subchapter.
6-14 SECTION 2. Subchapter A, Chapter 46, Education Code, is
6-15 amended by adding Section 46.0082 to read as follows:
6-16 Sec. 46.0082. ASSESSMENT OF INDOOR AIR QUALITY REQUIRED FOR
6-17 CONSTRUCTION OR RENOVATION PROJECTS. A school district may not use
6-18 state funds received under this chapter to make payments on bonds
6-19 issued in connection with the construction or renovation of an
6-20 instructional facility unless the district assesses the indoor air
6-21 quality of the facility within 90 days after the construction or
6-22 renovation is completed in accordance with Chapter 385, Health and
6-23 Safety Code.
6-24 SECTION 3. Section 46.0082, Education Code, as added by this
6-25 Act, does not apply to a construction or renovation project for
6-26 which working drawings were completed before the effective date of
6-27 this Act. A construction or renovation project for which working
7-1 drawings were completed before the effective date of this Act is
7-2 governed by the law in effect at the time the drawings were
7-3 completed, and that law is continued in effect for that purpose.
7-4 SECTION 4. This Act takes effect September 1, 2001.