Texas 2019 - 86th Regular

Texas House Bill HB2999 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R7893 JG-D
2	2	By: Talarico H.B. No. 2999
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to air filtration efficiency standards at certain
8	8	educational and child care facilities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle C, Title 5, Health and Safety Code, is
11	11	amended by adding Chapter 396 to read as follows:
12	12	CHAPTER 396. AIR FILTRATION EFFICIENCY STANDARDS AT CERTAIN
13	13	EDUCATIONAL AND CHILD CARE FACILITIES
14	14	Sec. 396.0001. DEFINITIONS. In this chapter:
15	15	(1) "Agency" means the Texas Education Agency.
16	16	(2) "Child care facility" has the meaning assigned by
17	17	Section 88.001.
18	18	(3) "Commission" means the Texas Commission on
19	19	Environmental Quality.
20	20	(4) "Executive director" means the executive director
21	21	of the commission.
22	22	(5) "Private school" has the meaning assigned by
23	23	Section 5.001, Education Code.
24	24	Sec. 396.0002. ADOPTION OF RULES. The commission shall
25	25	adopt rules establishing air filtration efficiency standards for
26	26	public schools, private schools, and child care facilities in
27	27	accordance with the recommended best practices for air filtration
28	28	in schools adopted by the National Air Filtration Association in
29	29	2012 or with more recently adopted best practices that the
30	30	commission determines will better protect public health.
31	31	Sec. 396.0003. TESTING AND REPLACEMENT OF HVAC SYSTEMS.
32	32	(a) Each public school, private school, and child care facility in
33	33	this state shall periodically test and, as necessary, replace a
34	34	heating, ventilation, and air conditioning system or a component of
35	35	the system used in any part of the school or facility to meet air
36	36	filtration efficiency standards that comply with commission rules.
37	37	Each test of the system must be conducted in accordance with
38	38	commission rules and any applicable standards adopted by the United
39	39	States Environmental Protection Agency.
40	40	(b) Each public school, private school, or child care
41	41	facility shall perform the testing required under this section at
42	42	least once each year unless the executive director determines for a
43	43	specific case that a greater or lesser frequency of testing is
44	44	necessary or sufficient to ensure public health. This subsection
45	45	does not prevent a school or facility from conducting more frequent
46	46	testing than required under this section.
47	47	Sec. 396.0004. NOTICE OF TESTING RESULTS. (a) Each public
48	48	school, private school, and child care facility shall:
49	49	(1) submit to the commission and the agency
50	50	information on testing conducted under Section 396.0003,
51	51	including:
52	52	(A) the date the testing was completed;
53	53	(B) the location and type of each heating,
54	54	ventilation, and air conditioning system tested;
55	55	(C) the results of each test; and
56	56	(D) any actions taken under Section 396.0003 to
57	57	replace a heating, ventilation, and air conditioning system or
58	58	component of the system that does not meet air filtration
59	59	efficiency standards adopted by the commission under Section
60	60	396.0002;
61	61	(2) for the information submitted under Subdivision
62	62	(1):
63	63	(A) maintain copies in a suitable location for
64	64	inspection by the public;
65	65	(B) post the information on the Internet website
66	66	of the school or facility; and
67	67	(C) notify parent, teacher, and employee
68	68	organizations of the availability of the information; and
69	69	(3) designate a person to serve as the contact person
70	70	for communications with the commission, the agency, and the public
71	71	regarding the testing and replacement activities.
72	72	(b) If testing conducted under Section 396.0003 reveals a
73	73	heating, ventilation, and air conditioning system or component of
74	74	the system that does not meet air filtration efficiency standards
75	75	adopted by the commission under Section 396.0002, the public
76	76	school, private school, or child care facility shall provide notice
77	77	of the test results through written notice, electronic mail, or
78	78	other means approved by the commission to the teachers, the school
79	79	or facility personnel, and a parent or legal guardian of each
80	80	student or child attending the school or facility. The
81	81	notification must be made within one business day of the receipt of
82	82	the test results and must include:
83	83	(1) a summary of the test results and information on
84	84	the availability of the complete test results for public inspection
85	85	at a suitable location and on the Internet website of the school or
86	86	facility;
87	87	(2) a description of any actions taken under Section
88	88	396.0003 to replace the system or a component of the system;
89	89	(3) general information on the public health effects
90	90	and risks posed by inadequate air filtration systems; and
91	91	(4) the name and contact information of the person
92	92	designated under Subsection (a)(3) to communicate with the public.
93	93	Sec. 396.0005. BIENNIAL REPORT. Not later than December 1
94	94	of each even-numbered year, the executive director and the agency
95	95	jointly shall prepare and submit to the governor, the lieutenant
96	96	governor, the speaker of the house of representatives, and each
97	97	member of the legislature a written report that includes a summary
98	98	of the information submitted under Section 396.0004(a)(1) in the
99	99	preceding two years.
100	100	SECTION 2. Not later than December 1, 2019, the Texas
101	101	Commission on Environmental Quality shall adopt rules as necessary
102	102	to implement Chapter 396, Health and Safety Code, as added by this
103	103	Act.
104	104	SECTION 3. Not later than July 1, 2020, each public school,
105	105	private school, and child care facility shall test and, as
106	106	necessary, replace a heating, ventilation, and air conditioning
107	107	system or component of the system as required under Section
108	108	396.0003, Health and Safety Code, as added by this Act.
109	109	SECTION 4. This Act takes effect immediately if it receives
110	110	a vote of two-thirds of all the members elected to each house, as
111	111	provided by Section 39, Article III, Texas Constitution. If this
112	112	Act does not receive the vote necessary for immediate effect, this
113	113	Act takes effect September 1, 2019.