78R3980 CAS-D

By:  Noriega                                                      H.B. No. 1012



A BILL TO BE ENTITLED

AN ACT

relating to a report by the board of trustees of a school district 
concerning certain transportation projects near schools in the 
district.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 38, Education Code, is 
amended by adding Section 38.016 to read as follows:
	Sec. 38.016.  REPORT ON CERTAIN TRANSPORTATION PROJECTS.  
(a)  In this section:
		(1)  "Hazardous substance" has the meaning assigned by 
the federal Occupational Safety and Health Administration standard 
in 29 C.F.R. Section 1910.1200(d)(3), and its subsequent 
amendments, or by the Occupational Safety and Health 
Administration's written interpretations.
		(2)  "Health hazard" has the meaning assigned by the 
federal Occupational Safety and Health Administration standard in 
29 C.F.R. Section 1910.1200(c), and its subsequent amendments, or 
by the Occupational Safety and Health Administration's written 
interpretations.
		(3)  "Physical hazard" has the meaning assigned by 
Section 502.003, Health and Safety Code.
		(4)  "Railroad" has the meaning assigned by Section 
541.202, Transportation Code.
	(b)  The board of trustees of a school district shall prepare 
a report concerning any proposed major railroad project or other 
transportation project to be located within one-half mile of a 
school in the district if the project, as completed and 
functioning, could reasonably be expected to expose students to a 
health hazard, physical hazard, or hazardous substance while at 
that school.
	(c)  The report must address:                                           
		(1)  any health hazard, physical hazard, or hazardous 
substance to which students at school might be exposed as a result 
of the project, as completed and functioning; and
		(2)  the determination of the board as to whether the 
project, as completed and functioning, is likely to expose students 
to a health hazard, physical hazard, or hazardous substance while 
at school.
	(d)  The board of trustees of the school district must make 
the report available to the public at the school and at the school 
district's central administrative office during regular school 
hours.  The commissioner may require the board of trustees to make 
the report available to the public at other places and times.
	(e)  The commissioner shall adopt rules as necessary for the 
board of trustees of a school district to carry out this section.
	SECTION 2.  This Act takes effect September 1, 2003.