81R15910 T
By: Hartnett H.B. No. 4127
A BILL TO BE ENTITLED
AN ACT
relating to the expenditure of public funds for certain playground
facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 756.061 (a) and (b), Health and Safety
Code, are amended to read as follows:
Sec. 756.061. COMPLIANCE WITH SAFETY STANDARDS. (a)
Except as provided by Subsection (b), on or after September 1,
[1997,] 2009, public funds may not be used:
(1) to purchase playground equipment that does not
substantially comply with each applicable provision of the latest
edition of ASTM F-1487 Standard Consumer Safety Performance
Specification for Playground Equipment for Public Use or the latest
issue of the Handbook for Public Playground Safety published [in
1994] by the United States Consumer Product Safety Commission
(Publication No. 325);
(2) to purchase surfacing for the area under and
around playground equipment if the surfacing will not substantially
comply, on completion of installation of the surfacing, with each
applicable provision of [the handbook described by Subdivision (1)]
the latest edition of ASTM F-2223 Standard Guide for ASTM Standards
on Playground Surfacing or the latest issue of the Handbook for
Public Playground Safety published by the United States Consumer
Product Safety Commission (Publication 325); or
(3) to pay for installation of playground equipment or
surfacing if the installation will not comply, on completion of the
installation, with each applicable provision of the [handbook]
specifications described by Subdivisions (1) and (2).
(b) Public funds may be used for maintenance of playground
equipment or surfacing for the area under and around playground
equipment that was purchased before September 1, [1997,] 2009, even
if the equipment or surfacing does not comply, on completion of the
maintenance, with each applicable provision of the [handbook]
specifications described by Subsections (a)(1) and (a)(2).
SECTION 2. This Act takes effect September 1, 2009.