Texas 2009 - 81st Regular

Texas House Bill HB2266 Compare Versions

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11 81R5977 SJM-D
22 By: Allen H.B. No. 2266
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the investigation of indoor air quality in certain
88 school buildings.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 427.001, Health and Safety Code, is
1111 amended by amending Subdivisions (1), (2), and (3) and adding
1212 Subdivisions (1-a) and (5-a) to read as follows:
1313 (1) "Air contaminant" has the meaning assigned by
1414 Section 385.001 ["Board" means the Texas Board of Health].
1515 (1-a) "Commission" means the Texas Commission on
1616 Environmental Quality.
1717 (2) "Department" means the Department of State Health
1818 Services ["Commission" means the Texas Natural Resource
1919 Conservation Commission].
2020 (3) "Executive commissioner" means the executive
2121 commissioner of the Health and Human Services Commission
2222 ["Department" means the Texas Department of Health].
2323 (5-a) "Indoor air pollution" has the meaning assigned
2424 by Section 385.001.
2525 SECTION 2. Section 427.004, Health and Safety Code, is
2626 amended to read as follows:
2727 Sec. 427.004. PROGRAMS. The commission and the department
2828 may establish at the institute any programs necessary to carry out
2929 the institute's established purposes under this chapter. The
3030 commission and the department [board] may contract with public or
3131 private entities to carry out the institute's purposes.
3232 SECTION 3. Chapter 427, Health and Safety Code, is amended
3333 by adding Section 427.007 to read as follows:
3434 Sec. 427.007. AIR QUALITY IN SCHOOL BUILDINGS. (a) This
3535 section applies only to a public elementary or middle school.
3636 (b) The executive commissioner, in consultation with the
3737 institute, by rule shall adopt guidelines for indoor air quality in
3838 a school building.
3939 (c) On request, inquiry, or complaint of a school
4040 administrator or parent group concerning indoor air quality in a
4141 school building the commission, in collaboration with the
4242 department, shall investigate the air quality of the school
4343 building.
4444 (d) When conducting an investigation under Subsection (c),
4545 the commission and the department may:
4646 (1) interview the faculty, staff, and students using
4747 the school building to obtain evidence of exposure to a particular
4848 air contaminant;
4949 (2) measure indoor air pollution; and
5050 (3) identify the presence of specific air
5151 contaminants.
5252 (e) Not later than the 60th day after the date on which the
5353 request, inquiry, or complaint was made under Subsection (c), the
5454 commission and the department shall submit to the school and the
5555 Texas Environmental Health Institute a report regarding:
5656 (1) measures of indoor air pollution present in the
5757 school building during the investigation;
5858 (2) measures of specific air contaminants present in
5959 the school building during the investigation;
6060 (3) a determination of the cause of any indoor air
6161 pollution detected; and
6262 (4) a determination as to whether the air quality in
6363 the school building is within the executive commissioner's
6464 guidelines.
6565 SECTION 4. To the extent of any conflict, this Act prevails
6666 over another Act of the 81st Legislature, Regular Session, 2009,
6767 relating to nonsubstantive additions to and corrections in enacted
6868 codes.
6969 SECTION 5. This Act takes effect immediately if it receives
7070 a vote of two-thirds of all the members elected to each house, as
7171 provided by Section 39, Article III, Texas Constitution. If this
7272 Act does not receive the vote necessary for immediate effect, this
7373 Act takes effect September 1, 2009.