87R5716 MLH-D
By: Morales of Harris H.B. No. 2974
A BILL TO BE ENTITLED
AN ACT
relating to required maintenance on heating and air conditioning
systems at public school instructional facilities and to the
liability of certain facilities handling hazardous substances for
damages caused to public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 38, Education Code, is
amended by adding Section 38.045 to read as follows:
Sec. 38.045. MANDATORY MAINTENANCE ON HEATING AND AIR
CONDITIONING SYSTEM. (a) In this section:
(1) "Health hazard" and "physical hazard" have the
meaning assigned by Section 505.004, Health and Safety Code.
(2) "Instructional facility" has the meaning assigned
by Section 46.001.
(b) Subject to Subsection (c), a school district shall for
each instructional facility of the district clean and replace
heating and air conditioning system filters in accordance with a
schedule recommended by a local fire department, county emergency
management authority, or other qualified local authority.
(c) A school district shall replace a heating and air
conditioning system filter if:
(1) a notice is issued under Section 505.017, Health
and Safety Code, that a health hazard or physical hazard exists not
more than two miles from the instructional facility; or
(2) a local fire department, county emergency
management authority, or other qualified local authority
recommends that the filter be replaced as a result of a health
hazard or physical hazard occurring at a facility subject to
Chapter 505, 506, or 507, Health and Safety Code.
SECTION 2. Subchapter C, Chapter 501, Health and Safety
Code, is amended by adding Section 501.038 to read as follows:
Sec. 501.038. LIABILITY. The owner or operator of a
facility subject to Chapter 505, 506, or 507 is liable to a school
district or open-enrollment charter school for damages resulting
from an explosion, release, or other event caused by the facility.
SECTION 3. This Act takes effect September 1, 2021.