By: Talarico H.B. No. 351
A BILL TO BE ENTITLED
AN ACT
relating to air filtration efficiency standards at certain
educational and child care facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 5, Health and Safety Code, is
amended by adding Chapter 396 to read as follows:
CHAPTER 396. AIR FILTRATION EFFICIENCY STANDARDS AT CERTAIN
EDUCATIONAL AND CHILD CARE FACILITIES
Sec. 396.0001. DEFINITIONS. In this chapter:
(1) "Agency" means the Texas Education Agency.
(2) "Child care facility" has the meaning assigned by
Section 88.001.
(3) "Commission" means the Texas Commission on
Environmental Quality.
(4) "Executive director" means the executive director
of the commission.
(5) "Private school" has the meaning assigned by
Section 5.001, Education Code.
Sec. 396.0002. ADOPTION OF RULES. The commission shall
adopt rules establishing air filtration efficiency standards for
public schools, private schools, and child care facilities in
accordance with the recommended best practices for air filtration
in schools adopted by the National Air Filtration Association in
2012 or with more recently adopted best practices that the
commission determines will better protect public health.
Sec. 396.0003. TESTING AND REPLACEMENT OF HVAC SYSTEMS.
(a) Each public school, private school, and child care facility in
this state shall periodically test and, as necessary, replace a
heating, ventilation, and air conditioning system or a component of
the system used in any part of the school or facility to meet air
filtration efficiency standards that comply with commission rules.
Each test of the system must be conducted in accordance with
commission rules and any applicable standards adopted by the United
States Environmental Protection Agency.
(b) Each public school, private school, or child care
facility shall perform the testing required under this section at
least once each year unless the executive director determines for a
specific case that a greater or lesser frequency of testing is
necessary or sufficient to ensure public health. This subsection
does not prevent a school or facility from conducting more frequent
testing than required under this section.
Sec. 396.0004. NOTICE OF TESTING RESULTS. (a) Each public
school, private school, and child care facility shall:
(1) submit to the commission and the agency
information on testing conducted under Section 396.0003,
including:
(A) the date the testing was completed;
(B) the location and type of each heating,
ventilation, and air conditioning system tested;
(C) the results of each test; and
(D) any actions taken under Section 396.0003 to
replace a heating, ventilation, and air conditioning system or
component of the system that does not meet air filtration
efficiency standards adopted by the commission under Section
396.0002;
(2) for the information submitted under Subdivision
(1):
(A) maintain copies in a suitable location for
inspection by the public;
(B) post the information on the Internet website
of the school or facility; and
(C) notify parent, teacher, and employee
organizations of the availability of the information; and
(3) designate a person to serve as the contact person
for communications with the commission, the agency, and the public
regarding the testing and replacement activities.
(b) If testing conducted under Section 396.0003 reveals a
heating, ventilation, and air conditioning system or component of
the system that does not meet air filtration efficiency standards
adopted by the commission under Section 396.0002, the public
school, private school, or child care facility shall provide notice
of the test results through written notice, electronic mail, or
other means approved by the commission to the teachers, the school
or facility personnel, and a parent or legal guardian of each
student or child attending the school or facility. The
notification must be made within one business day of the receipt of
the test results and must include:
(1) a summary of the test results and information on
the availability of the complete test results for public inspection
at a suitable location and on the Internet website of the school or
facility;
(2) a description of any actions taken under Section
396.0003 to replace the system or a component of the system;
(3) general information on the public health effects
and risks posed by inadequate air filtration systems; and
(4) the name and contact information of the person
designated under Subsection (a)(3) to communicate with the public.
Sec. 396.0005. BIENNIAL REPORT. Not later than December 1
of each even-numbered year, the executive director and the agency
jointly shall prepare and submit to the governor, the lieutenant
governor, the speaker of the house of representatives, and each
member of the legislature a written report that includes a summary
of the information submitted under Section 396.0004(a)(1) in the
preceding two years.
SECTION 2. Not later than December 1, 2021, the Texas
Commission on Environmental Quality shall adopt rules as necessary
to implement Chapter 396, Health and Safety Code, as added by this
Act.
SECTION 3. Not later than July 1, 2022, each public school,
private school, and child care facility shall test and, as
necessary, replace a heating, ventilation, and air conditioning
system or component of the system as required under Section
396.0003, Health and Safety Code, as added by this Act.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.