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.