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A BILL TO BE ENTITLED
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AN ACT
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relating to required maintenance on heating and air conditioning |
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systems at public school instructional facilities and to the |
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liability of certain facilities handling hazardous substances for |
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damages caused to public schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 38, Education Code, is |
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amended by adding Section 38.039 to read as follows: |
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Sec. 38.039. MANDATORY MAINTENANCE ON HEATING AND AIR |
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CONDITIONING SYSTEM. (a) In this section: |
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(1) "Health hazard" and "physical hazard" have the |
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meanings assigned by Section 505.004, Health and Safety Code. |
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(2) "Instructional facility" has the meaning assigned |
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by Section 46.001. |
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(b) Subject to Subsection (c), a school district shall for |
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each instructional facility of the district clean and replace |
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heating and air conditioning system filters in accordance with a |
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schedule recommended by a local fire department, county emergency |
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management authority, or other qualified local authority. |
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(c) A school district shall replace a heating and air |
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conditioning system filter if: |
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(1) a notice is issued under Section 505.017, Health |
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and Safety Code, that a health hazard or physical hazard exists not |
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more than two miles from the instructional facility; |
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(2) the district determines that the hazard for which |
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notice is issued under Subdivision (1) has compromised or adversely |
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affected the filtration system of the instructional facility's |
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heating and air conditioning system; and |
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(3) a local fire department, county emergency |
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management authority, or other qualified local authority |
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recommends that the filter be replaced as a result of the hazard for |
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which notice is issued under Subdivision (1). |
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SECTION 2. Subchapter C, Chapter 501, Health and Safety |
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Code, is amended by adding Section 501.038 to read as follows: |
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Sec. 501.038. LIABILITY. The owner or operator of a |
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facility subject to Chapter 505, 506, or 507 is liable to a school |
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district or open-enrollment charter school for damages to the |
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heating and air conditioning system of a district or school |
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instructional facility, as defined by Section 46.001, Education |
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Code, resulting from an explosion, release, or other event caused |
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by the facility for which a notice was issued under Section 505.017. |
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SECTION 3. This Act takes effect September 1, 2023. |