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A BILL TO BE ENTITLED
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AN ACT
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relating to the investigation of indoor air quality in certain |
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school buildings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 427.001, Health and Safety Code, is |
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amended by amending Subdivisions (1), (2), and (3) and adding |
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Subdivisions (1-a) and (5-a) to read as follows: |
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(1) "Air contaminant" has the meaning assigned by |
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Section 385.001 ["Board" means the Texas Board of Health]. |
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(1-a) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(2) "Department" means the Department of State Health |
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Services ["Commission" means the Texas Natural Resource
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Conservation Commission]. |
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(3) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission |
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["Department" means the Texas Department of Health]. |
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(5-a) "Indoor air pollution" has the meaning assigned |
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by Section 385.001. |
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SECTION 2. Section 427.004, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 427.004. PROGRAMS. The commission and the department |
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may establish at the institute any programs necessary to carry out |
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the institute's established purposes under this chapter. The |
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commission and the department [board] may contract with public or |
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private entities to carry out the institute's purposes. |
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SECTION 3. Chapter 427, Health and Safety Code, is amended |
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by adding Section 427.007 to read as follows: |
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Sec. 427.007. AIR QUALITY IN SCHOOL BUILDINGS. (a) This |
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section applies only to a public elementary or middle school. |
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(b) The executive commissioner, in consultation with the |
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institute, by rule shall adopt guidelines for indoor air quality in |
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a school building. |
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(c) On request, inquiry, or complaint of a school |
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administrator or parent group concerning indoor air quality in a |
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school building the commission, in collaboration with the |
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department, shall investigate the air quality of the school |
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building. |
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(d) When conducting an investigation under Subsection (c), |
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the commission and the department may: |
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(1) interview the faculty, staff, and students using |
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the school building to obtain evidence of exposure to a particular |
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air contaminant; |
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(2) measure indoor air pollution; and |
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(3) identify the presence of specific air |
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contaminants. |
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(e) Not later than the 60th day after the date on which the |
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request, inquiry, or complaint was made under Subsection (c), the |
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commission and the department shall submit to the school and the |
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Texas Environmental Health Institute a report regarding: |
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(1) measures of indoor air pollution present in the |
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school building during the investigation; |
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(2) measures of specific air contaminants present in |
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the school building during the investigation; |
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(3) a determination of the cause of any indoor air |
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pollution detected; and |
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(4) a determination as to whether the air quality in |
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the school building is within the executive commissioner's |
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guidelines. |
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SECTION 4. To the extent of any conflict, this Act prevails |
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over another Act of the 81st Legislature, Regular Session, 2009, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |