Texas 2021 - 87th Regular

Texas House Bill HB351 Compare Versions

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

Old	New	Differences
1	1	By: Talarico H.B. No. 351
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to air filtration efficiency standards at certain
7	7	educational and child care facilities.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle C, Title 5, Health and Safety Code, is
10	10	amended by adding Chapter 396 to read as follows:
11	11	CHAPTER 396. AIR FILTRATION EFFICIENCY STANDARDS AT CERTAIN
12	12	EDUCATIONAL AND CHILD CARE FACILITIES
13	13	Sec. 396.0001. DEFINITIONS. In this chapter:
14	14	(1) "Agency" means the Texas Education Agency.
15	15	(2) "Child care facility" has the meaning assigned by
16	16	Section 88.001.
17	17	(3) "Commission" means the Texas Commission on
18	18	Environmental Quality.
19	19	(4) "Executive director" means the executive director
20	20	of the commission.
21	21	(5) "Private school" has the meaning assigned by
22	22	Section 5.001, Education Code.
23	23	Sec. 396.0002. ADOPTION OF RULES. The commission shall
24	24	adopt rules establishing air filtration efficiency standards for
25	25	public schools, private schools, and child care facilities in
26	26	accordance with the recommended best practices for air filtration
27	27	in schools adopted by the National Air Filtration Association in
28	28	2012 or with more recently adopted best practices that the
29	29	commission determines will better protect public health.
30	30	Sec. 396.0003. TESTING AND REPLACEMENT OF HVAC SYSTEMS.
31	31	(a) Each public school, private school, and child care facility in
32	32	this state shall periodically test and, as necessary, replace a
33	33	heating, ventilation, and air conditioning system or a component of
34	34	the system used in any part of the school or facility to meet air
35	35	filtration efficiency standards that comply with commission rules.
36	36	Each test of the system must be conducted in accordance with
37	37	commission rules and any applicable standards adopted by the United
38	38	States Environmental Protection Agency.
39	39	(b) Each public school, private school, or child care
40	40	facility shall perform the testing required under this section at
41	41	least once each year unless the executive director determines for a
42	42	specific case that a greater or lesser frequency of testing is
43	43	necessary or sufficient to ensure public health. This subsection
44	44	does not prevent a school or facility from conducting more frequent
45	45	testing than required under this section.
46	46	Sec. 396.0004. NOTICE OF TESTING RESULTS. (a) Each public
47	47	school, private school, and child care facility shall:
48	48	(1) submit to the commission and the agency
49	49	information on testing conducted under Section 396.0003,
50	50	including:
51	51	(A) the date the testing was completed;
52	52	(B) the location and type of each heating,
53	53	ventilation, and air conditioning system tested;
54	54	(C) the results of each test; and
55	55	(D) any actions taken under Section 396.0003 to
56	56	replace a heating, ventilation, and air conditioning system or
57	57	component of the system that does not meet air filtration
58	58	efficiency standards adopted by the commission under Section
59	59	396.0002;
60	60	(2) for the information submitted under Subdivision
61	61	(1):
62	62	(A) maintain copies in a suitable location for
63	63	inspection by the public;
64	64	(B) post the information on the Internet website
65	65	of the school or facility; and
66	66	(C) notify parent, teacher, and employee
67	67	organizations of the availability of the information; and
68	68	(3) designate a person to serve as the contact person
69	69	for communications with the commission, the agency, and the public
70	70	regarding the testing and replacement activities.
71	71	(b) If testing conducted under Section 396.0003 reveals a
72	72	heating, ventilation, and air conditioning system or component of
73	73	the system that does not meet air filtration efficiency standards
74	74	adopted by the commission under Section 396.0002, the public
75	75	school, private school, or child care facility shall provide notice
76	76	of the test results through written notice, electronic mail, or
77	77	other means approved by the commission to the teachers, the school
78	78	or facility personnel, and a parent or legal guardian of each
79	79	student or child attending the school or facility. The
80	80	notification must be made within one business day of the receipt of
81	81	the test results and must include:
82	82	(1) a summary of the test results and information on
83	83	the availability of the complete test results for public inspection
84	84	at a suitable location and on the Internet website of the school or
85	85	facility;
86	86	(2) a description of any actions taken under Section
87	87	396.0003 to replace the system or a component of the system;
88	88	(3) general information on the public health effects
89	89	and risks posed by inadequate air filtration systems; and
90	90	(4) the name and contact information of the person
91	91	designated under Subsection (a)(3) to communicate with the public.
92	92	Sec. 396.0005. BIENNIAL REPORT. Not later than December 1
93	93	of each even-numbered year, the executive director and the agency
94	94	jointly shall prepare and submit to the governor, the lieutenant
95	95	governor, the speaker of the house of representatives, and each
96	96	member of the legislature a written report that includes a summary
97	97	of the information submitted under Section 396.0004(a)(1) in the
98	98	preceding two years.
99	99	SECTION 2. Not later than December 1, 2021, the Texas
100	100	Commission on Environmental Quality shall adopt rules as necessary
101	101	to implement Chapter 396, Health and Safety Code, as added by this
102	102	Act.
103	103	SECTION 3. Not later than July 1, 2022, each public school,
104	104	private school, and child care facility shall test and, as
105	105	necessary, replace a heating, ventilation, and air conditioning
106	106	system or component of the system as required under Section
107	107	396.0003, Health and Safety Code, as added by this Act.
108	108	SECTION 4. This Act takes effect immediately if it receives
109	109	a vote of two-thirds of all the members elected to each house, as
110	110	provided by Section 39, Article III, Texas Constitution. If this
111	111	Act does not receive the vote necessary for immediate effect, this
112	112	Act takes effect September 1, 2021.