By Naishtat, Madden, Coleman                          H.B. No. 2007
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to indoor air quality in newly constructed or renovated
 1-3     public school buildings.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 385.002, Health and Safety Code, is
 1-6     amended to read as follows:
 1-7           Sec. 385.002.  POWERS AND DUTIES OF BOARD. (a)  The board by
 1-8     rule shall establish voluntary guidelines for indoor air quality in
 1-9     public schools, including guidelines for ventilation and indoor air
1-10     pollution control systems.
1-11           (b)  The board by rule shall establish mandatory guidelines
1-12     for indoor air quality in a public school for which construction or
1-13     a substantial renovation of the school begins after the date that
1-14     the board's mandatory guidelines for newly constructed or
1-15     substantially renovated schools are adopted and take effect.
1-16           (c)  The board may adopt other rules necessary to implement
1-17     this chapter.
1-18           (d) [(b)]  In establishing [the] guidelines under this
1-19     section, the board shall consider:
1-20                 (1)  the potential chronic effects of air contaminants
1-21     on human health;
1-22                 (2)  the potential effects of insufficient ventilation
1-23     of the indoor environment on human health;
1-24                 (3)  the potential costs of health care for the
 2-1     short-term and long-term effects on human health that may result
 2-2     from exposure to indoor air contaminants; and
 2-3                 (4)  the potential costs of compliance with a proposed
 2-4     guideline.
 2-5           (e) [(c)]  A guideline adopted under this section [chapter]
 2-6     may include a contaminant concentration, a control method, a
 2-7     sampling method, a ventilation rate, design, or procedure, or a
 2-8     similar recommendation.
 2-9           (f) [(d)]  The board's guidelines may differ for different
2-10     pollution sources or different areas of the state.
2-11           SECTION 2. Section 385.003, Health and Safety Code, is
2-12     amended to read as follows:
2-13           Sec. 385.003.  LIABILITY AND IMMUNITY.  This chapter does not
2-14     create liability for a school board for an injury caused by the
2-15     failure to comply with the [voluntary] guidelines established under
2-16     Section 385.002.
2-17           SECTION 3.  Subchapter A, Chapter 46, Education Code, is
2-18     amended by adding Section 46.0081 to read as follows:
2-19           Sec. 46.0081.  SURVEY OF INDOOR AIR QUALITY REQUIRED FOR
2-20     CONSTRUCTION OR RENOVATION PROJECTS. A school district may not use
2-21     state funds received under this chapter to make payments on bonds
2-22     issued in connection with the construction or renovation of an
2-23     instructional facility unless the district obtains a copy of a
2-24     survey conducted promptly after the construction or renovation is
2-25     complete that analyzes the facility's overall indoor air quality.
2-26           SECTION 4.  Section 46.0081, Education Code, as added by this
2-27     Act, does not apply to a construction or renovation project for
 3-1     which working drawings were completed before the effective date of
 3-2     this Act.  A construction or renovation project for which working
 3-3     drawings were completed before the effective date of this Act is
 3-4     governed by the law in effect at the time the drawings were
 3-5     completed, and that law is continued in effect for that purpose.
 3-6           SECTION 5.  This Act takes effect September 1, 2001.