81R15930 YDB-D
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:
(a) Notwithstanding any other rule or statute, and except
[Except] as provided by Subsection (b), on or after September 1,
2009 [1997], public funds may not be used:
(1) to purchase playground equipment that does not
[substantially] comply with each applicable provision of ASTM
Standard F1487-07ae, "Consumer Safety Performance Specification
for Playground Equipment for Public Use" [the Handbook for Public
Playground Safety] published [in 1994] by ASTM International [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 ASTM Standard
F2223-04e1, "Standard Guide for ASTM Standards on Playground
Surfacing" published by ASTM International [the handbook described
by Subdivision (1)]; or
(3) to pay for installation of playground equipment or
surfacing if the installation will not [substantially] comply, on
completion of the installation, with each applicable provision of
the specifications [handbook] described by Subdivision (1) or (2),
as applicable.
(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, 2009 [1997], even
if the equipment or surfacing does not [substantially] comply, on
completion of the maintenance, with each applicable provision of
the specifications [handbook] described by Subsections
[Subsection] (a)(1) and (a)(2).
SECTION 2. This Act takes effect September 1, 2009.