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