88R6438 DIO-D
 
  By: Hernandez H.B. No. 1797
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to public school policy regarding the prevention of heat
  stress.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 38, Education Code, is
  amended by adding Section 38.0211 to read as follows:
         Sec. 38.0211.  HEAT STRESS PREVENTION POLICY. (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)  This section applies to:
               (1)  each public school in this state; and
               (2)  an extracurricular activity sponsored or
  sanctioned by the University Interscholastic League and conducted
  outdoors, including practice, training, participation, and
  competition.
         (c)  Each school district and open-enrollment charter school
  shall adopt and implement a policy regarding heat safety for
  students participating in extracurricular activities conducted
  outdoors.  The policy must:
               (1)  establish criteria for determining satisfactory
  or unsatisfactory conditions for outdoor activity based on wet bulb
  globe temperature levels;
               (2)  require each school to monitor the risk of heat
  stress before an outdoor activity begins and determine whether
  conditions are satisfactory or unsatisfactory in accordance with
  criteria established under Subdivision (1); and
               (3)  require each school to modify or suspend outdoor
  activity as necessary if conditions are determined to be
  unsatisfactory under Subdivision (1).
         (d)  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.