Texas 2009 - 81st Regular

Texas House Bill HB4127 Compare Versions

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Old	New	Differences
1	1	H.B. No. 4127
2	2
3	3
4	4	AN ACT
5	5	relating to the expenditure of public funds for certain playground
6	6	facilities.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Sections 756.061(a) and (b), Health and Safety
9	9	Code, are amended to read as follows:
10	10	(a) Notwithstanding any other rule or statute, and except
11	11	[Except] as provided by Subsection (b), on or after September 1,
12	12	2009 [1997], public funds may not be used:
13	13	(1) to purchase playground equipment that:
14	14	(A) does not [substantially] comply with each
15	15	applicable provision of ASTM Standard F1487-07ae1, "Consumer
16	16	Safety Performance Specification for Playground Equipment for
17	17	Public Use" [the Handbook for Public Playground Safety] published
18	18	[in 1994] by ASTM International; or
19	19	(B) has a horizontal bare metal platform or a
20	20	bare metal step or slide, unless the bare metal is shielded from
21	21	direct sun by a covering provided with the equipment or by a shaded
22	22	area in the location where the equipment is installed [the United
23	23	States Consumer Product Safety Commission (Publication No. 325)];
24	24	(2) to purchase surfacing for the area under and
25	25	around playground equipment if the surfacing will not
26	26	[substantially] comply, on completion of installation of the
27	27	surfacing, with each applicable provision of ASTM Standard
28	28	F2223-04e1, "Standard Guide for ASTM Standards on Playground
29	29	Surfacing" published by ASTM International [the handbook described
30	30	by Subdivision (1)]; or
31	31	(3) to pay for installation of playground equipment or
32	32	surfacing if the installation will not [substantially] comply, on
33	33	completion of the installation, with each applicable provision of
34	34	the specifications [handbook] described by Subdivision (1) or (2),
35	35	as applicable.
36	36	(b) Public funds may be used for maintenance of playground
37	37	equipment or surfacing for the area under and around playground
38	38	equipment that was purchased before September 1, 2009 [1997], even
39	39	if the equipment or surfacing does not [substantially] comply, on
40	40	completion of the maintenance, with each applicable provision of
41	41	the specifications [handbook] described by Subsections
42	42	[Subsection] (a)(1) and (a)(2).
43	43	SECTION 2. This Act takes effect September 1, 2009.
44	44	______________________________ ______________________________
45	45	President of the Senate Speaker of the House
46	46	I certify that H.B. No. 4127 was passed by the House on April
47	47	30, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
48	48	voting; and that the House concurred in Senate amendments to H.B.
49	49	No. 4127 on May 23, 2009, by the following vote: Yeas 137, Nays 0,
50	50	1 present, not voting.
51	51	______________________________
52	52	Chief Clerk of the House
53	53	I certify that H.B. No. 4127 was passed by the Senate, with
54	54	amendments, on May 21, 2009, by the following vote: Yeas 31, Nays
55	55	0.
56	56	______________________________
57	57	Secretary of the Senate
58	58	APPROVED: __________________
59	59	Date
60	60	__________________
61	61	Governor