1-1 By: Naishtat, Madden, Coleman H.B. No. 2008
1-2 (Senate Sponsor - Moncrief)
1-3 (In the Senate - Received from the House May 11, 2001;
1-4 May 11, 2001, read first time and referred to Committee on State
1-5 Affairs; May 11, 2001, reported favorably by the following vote:
1-6 Yeas 6, Nays 0; May 11, 2001, sent to printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to indoor air quality in buildings owned or leased by
1-10 state or local government.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Chapter 385, Health and Safety Code, is amended to
1-13 read as follows:
1-14 CHAPTER 385. INDOOR AIR QUALITY IN GOVERNMENT
1-15 [SCHOOL DISTRICT] BUILDINGS
1-16 Sec. 385.001. DEFINITIONS. In this chapter:
1-17 (1) "Air contaminant" means a gaseous, liquid, or
1-18 solid substance or combination of substances that is in a form that
1-19 is transported by or in air and has the potential to be detrimental
1-20 to human health.
1-21 (2) "Board" means the Texas Board of Health.
1-22 (3) "Government building" means a building that is:
1-23 (A) owned, or leased for a term of at least
1-24 three months, by a state governmental entity or by a political
1-25 subdivision of this state, including a county, municipality,
1-26 special purpose district, or school district; and
1-27 (B) regularly open to members of the public or
1-28 used by the state or local governmental entity for a purpose that
1-29 involves regular occupancy of the building by an employee or by a
1-30 person in the custody or control of the governmental entity such as
1-31 a public school student.
1-32 (4) "Indoor air pollution" means the presence, in an
1-33 indoor environment, of one or more air contaminants in sufficient
1-34 concentration and of sufficient duration to be capable of causing
1-35 adverse effects to human health.
1-36 [(4) "Public school" means a building owned by a
1-37 public school district or leased by a public school district for
1-38 three months or more that is used by the district for a purpose
1-39 that involves regular occupancy of the building by students.]
1-40 Sec. 385.002. POWERS AND DUTIES OF BOARD. (a) The board by
1-41 rule shall establish voluntary guidelines for indoor air quality in
1-42 government buildings [public schools], including guidelines for
1-43 ventilation and indoor air pollution control systems. The board
1-44 may adopt other rules necessary to implement this chapter.
1-45 (b) In establishing the guidelines, the board shall
1-46 consider:
1-47 (1) the potential chronic effects of air contaminants
1-48 on human health;
1-49 (2) the potential effects of insufficient ventilation
1-50 of the indoor environment on human health;
1-51 (3) the potential costs of health care for the
1-52 short-term and long-term effects on human health that may result
1-53 from exposure to indoor air contaminants; and
1-54 (4) the potential costs of compliance with a proposed
1-55 guideline.
1-56 (c) A guideline adopted under this chapter may include a
1-57 contaminant concentration, a control method, a sampling method, a
1-58 ventilation rate, design, or procedure, or a similar
1-59 recommendation.
1-60 (d) The board's guidelines may differ for different
1-61 pollution sources or different areas of the state and may differ
1-62 for buildings that are regularly occupied or visited by children.
1-63 Sec. 385.003. LIABILITY AND IMMUNITY. This chapter does not
1-64 create liability for a governmental entity [school board] for an
2-1 injury caused by the failure to comply with the voluntary
2-2 guidelines established under Section 385.002.
2-3 SECTION 2. This Act takes effect September 1, 2001.
2-4 * * * * *