1-1 AN ACT
1-2 relating to indoor air quality in buildings owned or leased by
1-3 state or local government.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 385, Health and Safety Code, is amended to
1-6 read as follows:
1-7 CHAPTER 385. INDOOR AIR QUALITY IN GOVERNMENT
1-8 [SCHOOL DISTRICT] BUILDINGS
1-9 Sec. 385.001. DEFINITIONS. In this chapter:
1-10 (1) "Air contaminant" means a gaseous, liquid, or
1-11 solid substance or combination of substances that is in a form that
1-12 is transported by or in air and has the potential to be detrimental
1-13 to human health.
1-14 (2) "Board" means the Texas Board of Health.
1-15 (3) "Government building" means a building that is:
1-16 (A) owned, or leased for a term of at least
1-17 three months, by a state governmental entity or by a political
1-18 subdivision of this state, including a county, municipality,
1-19 special purpose district, or school district; and
1-20 (B) regularly open to members of the public or
1-21 used by the state or local governmental entity for a purpose that
1-22 involves regular occupancy of the building by an employee or by a
1-23 person in the custody or control of the governmental entity such as
1-24 a public school student.
2-1 (4) "Indoor air pollution" means the presence, in an
2-2 indoor environment, of one or more air contaminants in sufficient
2-3 concentration and of sufficient duration to be capable of causing
2-4 adverse effects to human health.
2-5 [(4) "Public school" means a building owned by a
2-6 public school district or leased by a public school district for
2-7 three months or more that is used by the district for a purpose
2-8 that involves regular occupancy of the building by students.]
2-9 Sec. 385.002. POWERS AND DUTIES OF BOARD. (a) The board by
2-10 rule shall establish voluntary guidelines for indoor air quality in
2-11 government buildings [public schools], including guidelines for
2-12 ventilation and indoor air pollution control systems. The board
2-13 may adopt other rules necessary to implement this chapter.
2-14 (b) In establishing the guidelines, the board shall
2-15 consider:
2-16 (1) the potential chronic effects of air contaminants
2-17 on human health;
2-18 (2) the potential effects of insufficient ventilation
2-19 of the indoor environment on human health;
2-20 (3) the potential costs of health care for the
2-21 short-term and long-term effects on human health that may result
2-22 from exposure to indoor air contaminants; and
2-23 (4) the potential costs of compliance with a proposed
2-24 guideline.
2-25 (c) A guideline adopted under this chapter may include a
2-26 contaminant concentration, a control method, a sampling method, a
2-27 ventilation rate, design, or procedure, or a similar
3-1 recommendation.
3-2 (d) The board's guidelines may differ for different
3-3 pollution sources or different areas of the state and may differ
3-4 for buildings that are regularly occupied or visited by children.
3-5 Sec. 385.003. LIABILITY AND IMMUNITY. This chapter does not
3-6 create liability for a governmental entity [school board] for an
3-7 injury caused by the failure to comply with the voluntary
3-8 guidelines established under Section 385.002.
3-9 SECTION 2. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2008 was passed by the House on May
11, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2008 was passed by the Senate on May
23, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor