81R5977 SJM-D
By: Allen H.B. No. 2266
A BILL TO BE ENTITLED
AN ACT
relating to the investigation of indoor air quality in certain
school buildings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 427.001, Health and Safety Code, is
amended by amending Subdivisions (1), (2), and (3) and adding
Subdivisions (1-a) and (5-a) to read as follows:
(1) "Air contaminant" has the meaning assigned by
Section 385.001 ["Board" means the Texas Board of Health].
(1-a) "Commission" means the Texas Commission on
Environmental Quality.
(2) "Department" means the Department of State Health
Services ["Commission" means the Texas Natural Resource
Conservation Commission].
(3) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission
["Department" means the Texas Department of Health].
(5-a) "Indoor air pollution" has the meaning assigned
by Section 385.001.
SECTION 2. Section 427.004, Health and Safety Code, is
amended to read as follows:
Sec. 427.004. PROGRAMS. The commission and the department
may establish at the institute any programs necessary to carry out
the institute's established purposes under this chapter. The
commission and the department [board] may contract with public or
private entities to carry out the institute's purposes.
SECTION 3. Chapter 427, Health and Safety Code, is amended
by adding Section 427.007 to read as follows:
Sec. 427.007. AIR QUALITY IN SCHOOL BUILDINGS. (a) This
section applies only to a public elementary or middle school.
(b) The executive commissioner, in consultation with the
institute, by rule shall adopt guidelines for indoor air quality in
a school building.
(c) On request, inquiry, or complaint of a school
administrator or parent group concerning indoor air quality in a
school building the commission, in collaboration with the
department, shall investigate the air quality of the school
building.
(d) When conducting an investigation under Subsection (c),
the commission and the department may:
(1) interview the faculty, staff, and students using
the school building to obtain evidence of exposure to a particular
air contaminant;
(2) measure indoor air pollution; and
(3) identify the presence of specific air
contaminants.
(e) Not later than the 60th day after the date on which the
request, inquiry, or complaint was made under Subsection (c), the
commission and the department shall submit to the school and the
Texas Environmental Health Institute a report regarding:
(1) measures of indoor air pollution present in the
school building during the investigation;
(2) measures of specific air contaminants present in
the school building during the investigation;
(3) a determination of the cause of any indoor air
pollution detected; and
(4) a determination as to whether the air quality in
the school building is within the executive commissioner's
guidelines.
SECTION 4. To the extent of any conflict, this Act prevails
over another Act of the 81st Legislature, Regular Session, 2009,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 5. 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, 2009.