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BILL ANALYSIS |
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By: Hartnett |
BACKGROUND AND PURPOSE
The statute governing compliance with safety standards for publicly funded playgrounds,
enacted in 1995, references a standard published in the Handbook for Public Playground Safety
published in 1994 by the United States Consumer Product Safety Commission (Publication No.
325).
Today, the standard that is recognized and followed by the industry is set by the American
Society of Testing and Materials (ASTM). All reputable manufacturers design and manufacture
to this standard. It is also recognized worldwide by foreign manufacturers. Current law relating
to playground design requires adherence to an outdated 15-year-old standard that is no longer
recognized by the industry.
C.S.H.B 4127 requires all publicly funded playgrounds to be built to comply with the ASTM playground safety standards as currently promulgated.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking
authority to a state officer, department, agency, or institution.
ANALYSIS
C.S.H.B. 4127 amends the Health and Safety Code to extend from on or after September 1,
1997, to on or after September 1, 2009, the date by which playground equipment is required to
meet certain safety standards to qualify for public funds. The bill requires playground
equipment to comply with ASTM Standard F1487-07ae1, "Consumer Safety Performance
Specification for Playground Equipment for Public Use," published by ASTM International in
order for public funds to be used for its purchase. The bill requires surfacing for the area under
and around playground equipment to comply with ASTM F2223-04e1, "Standard Guide for
ASTM Standards on Playground Surfacing," published by ASTM International in order for
public funds to be used for it purchase.
EFFECTIVE DATE
September 1, 2009.
COMPARISON OF ORIGINAL TO SUBSTITUTE
C.S.H.B. 4127 differs from the original, in the provision prohibiting using public funds to
purchase surface area under and around playground equipment, by prohibiting using the funds
for the purchase if the surfacing will not comply, rather than will not substantially comply, with
certain requirements. The substitute differs from the original by making technical and other
nonsubstantive changes.