1 | 1 | | 81R5977 SJM-D |
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2 | 2 | | By: Allen H.B. No. 2266 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the investigation of indoor air quality in certain |
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8 | 8 | | school buildings. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 427.001, Health and Safety Code, is |
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11 | 11 | | amended by amending Subdivisions (1), (2), and (3) and adding |
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12 | 12 | | Subdivisions (1-a) and (5-a) to read as follows: |
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13 | 13 | | (1) "Air contaminant" has the meaning assigned by |
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14 | 14 | | Section 385.001 ["Board" means the Texas Board of Health]. |
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15 | 15 | | (1-a) "Commission" means the Texas Commission on |
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16 | 16 | | Environmental Quality. |
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17 | 17 | | (2) "Department" means the Department of State Health |
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18 | 18 | | Services ["Commission" means the Texas Natural Resource |
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19 | 19 | | Conservation Commission]. |
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20 | 20 | | (3) "Executive commissioner" means the executive |
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21 | 21 | | commissioner of the Health and Human Services Commission |
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22 | 22 | | ["Department" means the Texas Department of Health]. |
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23 | 23 | | (5-a) "Indoor air pollution" has the meaning assigned |
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24 | 24 | | by Section 385.001. |
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25 | 25 | | SECTION 2. Section 427.004, Health and Safety Code, is |
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26 | 26 | | amended to read as follows: |
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27 | 27 | | Sec. 427.004. PROGRAMS. The commission and the department |
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28 | 28 | | may establish at the institute any programs necessary to carry out |
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29 | 29 | | the institute's established purposes under this chapter. The |
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30 | 30 | | commission and the department [board] may contract with public or |
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31 | 31 | | private entities to carry out the institute's purposes. |
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32 | 32 | | SECTION 3. Chapter 427, Health and Safety Code, is amended |
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33 | 33 | | by adding Section 427.007 to read as follows: |
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34 | 34 | | Sec. 427.007. AIR QUALITY IN SCHOOL BUILDINGS. (a) This |
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35 | 35 | | section applies only to a public elementary or middle school. |
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36 | 36 | | (b) The executive commissioner, in consultation with the |
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37 | 37 | | institute, by rule shall adopt guidelines for indoor air quality in |
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38 | 38 | | a school building. |
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39 | 39 | | (c) On request, inquiry, or complaint of a school |
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40 | 40 | | administrator or parent group concerning indoor air quality in a |
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41 | 41 | | school building the commission, in collaboration with the |
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42 | 42 | | department, shall investigate the air quality of the school |
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43 | 43 | | building. |
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44 | 44 | | (d) When conducting an investigation under Subsection (c), |
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45 | 45 | | the commission and the department may: |
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46 | 46 | | (1) interview the faculty, staff, and students using |
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47 | 47 | | the school building to obtain evidence of exposure to a particular |
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48 | 48 | | air contaminant; |
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49 | 49 | | (2) measure indoor air pollution; and |
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50 | 50 | | (3) identify the presence of specific air |
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51 | 51 | | contaminants. |
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52 | 52 | | (e) Not later than the 60th day after the date on which the |
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53 | 53 | | request, inquiry, or complaint was made under Subsection (c), the |
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54 | 54 | | commission and the department shall submit to the school and the |
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55 | 55 | | Texas Environmental Health Institute a report regarding: |
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56 | 56 | | (1) measures of indoor air pollution present in the |
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57 | 57 | | school building during the investigation; |
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58 | 58 | | (2) measures of specific air contaminants present in |
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59 | 59 | | the school building during the investigation; |
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60 | 60 | | (3) a determination of the cause of any indoor air |
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61 | 61 | | pollution detected; and |
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62 | 62 | | (4) a determination as to whether the air quality in |
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63 | 63 | | the school building is within the executive commissioner's |
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64 | 64 | | guidelines. |
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65 | 65 | | SECTION 4. To the extent of any conflict, this Act prevails |
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66 | 66 | | over another Act of the 81st Legislature, Regular Session, 2009, |
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67 | 67 | | relating to nonsubstantive additions to and corrections in enacted |
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68 | 68 | | codes. |
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69 | 69 | | SECTION 5. This Act takes effect immediately if it receives |
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70 | 70 | | a vote of two-thirds of all the members elected to each house, as |
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71 | 71 | | provided by Section 39, Article III, Texas Constitution. If this |
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72 | 72 | | Act does not receive the vote necessary for immediate effect, this |
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73 | 73 | | Act takes effect September 1, 2009. |
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