By Naishtat H.B. No. 2007
77R518 JRD-D
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 RENOVATION PROJECTS. A school district may not use state funds
2-21 received under this chapter to make payments on bonds issued in
2-22 connection with the renovation of an instructional facility unless
2-23 the district obtains a copy of a survey conducted promptly after
2-24 the renovation is complete that analyzes the facility's overall
2-25 indoor air quality.
2-26 SECTION 4. Section 46.0081, Education Code, as added by this
2-27 Act, does not apply to a renovation project for which working
3-1 drawings were completed before the effective date of this Act. A
3-2 renovation project for which working drawings were completed before
3-3 the effective date of this Act is governed by the law in effect at
3-4 the time the drawings were completed, and that law is continued in
3-5 effect for that purpose.
3-6 SECTION 5. This Act takes effect September 1, 2001.