H.B. No. 4127
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:
(A) does not [substantially] comply with each
applicable provision of ASTM Standard F1487-07ae1, "Consumer
Safety Performance Specification for Playground Equipment for
Public Use" [the Handbook for Public Playground Safety] published
[in 1994] by ASTM International; or
(B) has a horizontal bare metal platform or a
bare metal step or slide, unless the bare metal is shielded from
direct sun by a covering provided with the equipment or by a shaded
area in the location where the equipment is installed [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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4127 was passed by the House on April
30, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 4127 on May 23, 2009, by the following vote: Yeas 137, Nays 0,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4127 was passed by the Senate, with
amendments, on May 21, 2009, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor