By: Hartnett (Senate Sponsor - Carona) H.B. No. 4127

(In the Senate - Received from the House May 1, 2009; May 6, 2009, read first time and referred to Committee on Health and Human Services; May 14, 2009, reported adversely, with favorable Committee Substitute by the following vote: Yeas 9, Nays 0; May 14, 2009, sent to printer.)

COMMITTEE SUBSTITUTE FOR H.B. No. 4127 By: Shapleigh

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:

(a) Notwithstanding any other rule or statute, and except [Except] as provided by Subsection (b), on or after September 1, 2009 [1997], public funds may not be used:

(1) to purchase playground equipment that:

(A) does not [substantially] comply with each applicable provision of ASTM Standard F1487-07ae1, "Consumer Safety Performance Specification for Playground Equipment for Public Use" [the Handbook for Public Playground Safety] published [in 1994] by ASTM International; or

(B) has a horizontal bare metal platform or a bare metal step or slide, unless the bare metal is shielded from direct sun by a covering provided with the equipment or by a shaded area in the location where the equipment is installed [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 ASTM Standard F2223-04e1, "Standard Guide for ASTM Standards on Playground Surfacing" published by ASTM International [the handbook described by Subdivision (1)]; or

(3) to pay for installation of playground equipment or surfacing if the installation will not [substantially] comply, on completion of the installation, with each applicable provision of the specifications [handbook] described by Subdivision (1) or (2), as applicable.

(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, 2009 [1997], even if the equipment or surfacing does not [substantially] comply, on completion of the maintenance, with each applicable provision of the specifications [handbook] described by Subsections [Subsection] (a)(1) and (a)(2).

SECTION 2. This Act takes effect September 1, 2009.

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