81R15910 T
 
  By: Hartnett H.B. No. 4127
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the expenditure of public funds for certain playground
  facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 756.061 (a) and (b), Health and Safety
  Code, are amended to read as follows:
         Sec. 756.061.  COMPLIANCE WITH SAFETY STANDARDS. (a)
  Except as provided by Subsection (b), on or after September 1,
  [1997,] 2009, public funds may not be used:
               (1)  to purchase playground equipment that does not
  substantially comply with each applicable provision of the latest
  edition of ASTM F-1487 Standard Consumer Safety Performance
  Specification for Playground Equipment for Public Use or the latest
  issue of the Handbook for Public Playground Safety published [in
  1994] by the United States Consumer Product Safety Commission
  (Publication No. 325);
               (2)  to purchase surfacing for the area under and
  around playground equipment if the surfacing will not substantially
  comply, on completion of installation of the surfacing, with each
  applicable provision of [the handbook described by Subdivision (1)]
  the latest edition of ASTM F-2223 Standard Guide for ASTM Standards
  on Playground Surfacing or the latest issue of the Handbook for
  Public Playground Safety published by the United States Consumer
  Product Safety Commission (Publication 325); or
               (3)  to pay for installation of playground equipment or
  surfacing if the installation will not comply, on completion of the
  installation, with each applicable provision of the [handbook]
  specifications described by Subdivisions (1) and (2).
         (b)  Public funds may be used for maintenance of playground
  equipment or surfacing for the area under and around playground
  equipment that was purchased before September 1, [1997,] 2009, even
  if the equipment or surfacing does not comply, on completion of the
  maintenance, with each applicable provision of the [handbook]
  specifications described by Subsections (a)(1) and (a)(2).
         SECTION 2.  This Act takes effect September 1, 2009.