88R2183 CXP-D
 
  By: Howard H.B. No. 395
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requiring public schools to use the wet bulb globe
  temperature to determine whether conditions are unsatisfactory for
  student outdoor activities due to severe heat.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 38, Education Code, is
  amended by adding Section 38.025 to read as follows:
         Sec. 38.025.  USE OF WET BULB GLOBE TEMPERATURE FOR SEVERE
  HEAT DETERMINATIONS. (a) In this section, "wet bulb globe
  temperature" means a comprehensive measurement of environmental
  conditions that accounts for ambient temperature, relative
  humidity, wind, and solar radiation.
         (b)  Each school district and open-enrollment charter school
  shall refer to the wet bulb globe temperature in determining
  satisfactory or unsatisfactory conditions for outdoor activities,
  including:
               (1)  athletic activities;
               (2)  recess;
               (3)  extracurricular activities conducted outdoors;
  and
               (4)  any other related activities.
         (c)  This section does not:
               (1)  waive any immunity from liability of a school
  district or open-enrollment charter school or of district or
  charter school officers or employees; or
               (2)  create any liability for a cause of action against
  a school district or open-enrollment charter school or against
  district or charter school officers or employees.
         SECTION 2.  This Act applies beginning with the 2023-2024
  school year.
         SECTION 3.  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, 2023.