By Naishtat H.B. No. 2006
77R515 JRD-D
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.
3-8 (a-1) Not later than September 1, 2003, a school district
3-9 shall assess the indoor air quality of each public school in the
3-10 district that is in use on September 1, 2001. This subsection does
3-11 not apply to a school in use on September 1, 2001, that will not be
3-12 used as a public school after September 1, 2003. This subsection
3-13 also does not apply to a school with respect to which the indoor
3-14 air quality has been assessed for the conditions described by
3-15 Section 385.102(b) within the two-year period preceding September
3-16 1, 2001, if the school district submits documentation to the
3-17 department showing the assessment was adequately performed. This
3-18 subsection expires September 2, 2003.
3-19 (a) A school district shall assess the indoor air quality of
3-20 a public school in the district:
3-21 (1) within 90 days after the completion of a newly
3-22 constructed school;
3-23 (2) within 90 days after an event that could
3-24 reasonably be expected to significantly affect the indoor air
3-25 quality in the school, such as a fire at the school, substantial
3-26 renovation of the school, or flooding of the school;
3-27 (3) when an assessment of the school is ordered by the
4-1 superintendent of the district under Subsection (b);
4-2 (4) soon after remedial action is taken to remedy a
4-3 problem found during an earlier assessment of indoor air quality at
4-4 the school; and
4-5 (5) not later than the fourth anniversary of the last
4-6 assessment of the indoor air quality of the school.
4-7 (b) If there are confirmed reports of illness among students
4-8 or staff at a public school that may reasonably be attributable to
4-9 the indoor air quality of the school, the school principal or
4-10 health care personnel employed by the school district shall report
4-11 that fact to the board of trustees and the superintendent of the
4-12 district. The superintendent shall consider the situation, consult
4-13 with health care professionals and other persons as necessary, and
4-14 order an assessment of the indoor air quality of the school if the
4-15 superintendent considers an assessment to be warranted.
4-16 (c) Any assessment of the indoor air quality of a public
4-17 school under this subchapter must be conducted during the school
4-18 year. This subsection does not prohibit conducting additional
4-19 assessments at other times if required by prudence or other law.
4-20 (d) The school district shall use individuals certified by
4-21 the department under Subchapter D to conduct the assessments.
4-22 (e) The assessments shall be conducted using the criteria
4-23 established by the department under Section 385.102.
4-24 Sec. 385.102. DUTIES OF DEPARTMENT; CRITERIA FOR BUILDING
4-25 ASSESSMENTS. (a) The department shall establish by rule criteria
4-26 and checklists for assessing the indoor air quality of public
4-27 schools.
5-1 (b) The rules must include requirements for assessing the
5-2 indoor air quality of each school with respect to ambient
5-3 temperature, relative humidity, the adequacy of ventilation, and
5-4 the presence of:
5-5 (1) carbon monoxide;
5-6 (2) volatile organic compounds;
5-7 (3) formaldehyde;
5-8 (4) particulate matter;
5-9 (5) carbon dioxide; and
5-10 (6) molds.
5-11 (c) In establishing acceptable assessment methods or in
5-12 adding to the factors listed under Subsection (b), the department
5-13 shall consider the potential health effects and potential costs the
5-14 board is required to consider in adopting the voluntary guidelines
5-15 under Section 385.051.
5-16 Sec. 385.103. AVAILABILITY OF ASSESSMENT RESULTS. (a) Not
5-17 later than the 60th day after the date an assessment of indoor air
5-18 quality in a public school is completed, the school district shall
5-19 send the complete results of the assessment, in a format prescribed
5-20 by the department, to the department and to the campus-level
5-21 planning and decision-making committee established under Section
5-22 11.253, Education Code, for the affected public school.
5-23 (b) A school district on request shall promptly make
5-24 available to any member of the public the complete results of an
5-25 assessment of indoor air quality in a public school.
5-26 SUBCHAPTER D. DEPARTMENT CERTIFICATION PROGRAM
5-27 Sec. 385.151. CERTIFICATION PROGRAM. (a) The department
6-1 shall certify individuals to perform public school indoor air
6-2 quality assessments under Subchapter C.
6-3 (b) The department shall adopt rules to govern the
6-4 certification program that are designed to ensure persons certified
6-5 under this subchapter are capable of performing the air quality
6-6 assessments and will properly report the results of an assessment.
6-7 The rules must specify the training and testing a person must
6-8 undergo to become certified under this subchapter. The rules also
6-9 must specify the term of a license and grounds for suspension,
6-10 revocation, or denial of a license.
6-11 (c) The department may certify a person under this
6-12 subchapter without requiring the usual testing and training if:
6-13 (1) the person is licensed or certified in another
6-14 field, such as a certified industrial hygienist, certified indoor
6-15 environmentalist, certified safety professional, or professional
6-16 engineer;
6-17 (2) the person is experienced in assessing indoor air
6-18 quality; and
6-19 (3) the department considers the applicable
6-20 requirements for licensing or certification in the other field to
6-21 meet or exceed the requirements established by the department under
6-22 this subchapter.
6-23 Sec. 385.152. CERTIFICATION FEE. (a) The department shall
6-24 charge a certification fee of $50 to persons who become certified
6-25 under this subchapter. The fee is payable on issuance of the
6-26 certificate and on the renewal of a certificate.
6-27 (b) A school district shall pay the certification fees of
7-1 school district personnel who become certified under this
7-2 subchapter.
7-3 SECTION 2. Subchapter A, Chapter 46, Education Code, is
7-4 amended by adding Section 46.0081 to read as follows:
7-5 Sec. 46.0081. ASSESSMENT OF INDOOR AIR QUALITY REQUIRED FOR
7-6 RENOVATION PROJECTS. A school district may not use state funds
7-7 received under this chapter to make payments on bonds issued in
7-8 connection with the renovation of an instructional facility unless
7-9 the district assesses the indoor air quality of the facility within
7-10 90 days after the renovation is completed in accordance with
7-11 Chapter 385, Health and Safety Code.
7-12 SECTION 3. Section 46.0081, Education Code, as added by this
7-13 Act, does not apply to a renovation project for which working
7-14 drawings were completed before the effective date of this Act. A
7-15 renovation project for which working drawings were completed before
7-16 the effective date of this Act is governed by the law in effect at
7-17 the time the drawings were completed, and that law is continued in
7-18 effect for that purpose.
7-19 SECTION 4. This Act takes effect September 1, 2001.