88R6438 DIO-D
By: Hernandez H.B. No. 1797
A BILL TO BE ENTITLED
AN ACT
relating to public school policy regarding the prevention of heat
stress.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 38, Education Code, is
amended by adding Section 38.0211 to read as follows:
Sec. 38.0211. HEAT STRESS PREVENTION POLICY. (a) In this
section, "wet bulb globe temperature" means a comprehensive
measurement of environmental conditions that accounts for ambient
temperature, relative humidity, wind, and solar radiation.
(b) This section applies to:
(1) each public school in this state; and
(2) an extracurricular activity sponsored or
sanctioned by the University Interscholastic League and conducted
outdoors, including practice, training, participation, and
competition.
(c) Each school district and open-enrollment charter school
shall adopt and implement a policy regarding heat safety for
students participating in extracurricular activities conducted
outdoors. The policy must:
(1) establish criteria for determining satisfactory
or unsatisfactory conditions for outdoor activity based on wet bulb
globe temperature levels;
(2) require each school to monitor the risk of heat
stress before an outdoor activity begins and determine whether
conditions are satisfactory or unsatisfactory in accordance with
criteria established under Subdivision (1); and
(3) require each school to modify or suspend outdoor
activity as necessary if conditions are determined to be
unsatisfactory under Subdivision (1).
(d) This section does not:
(1) waive any immunity from liability of a school
district or open-enrollment charter school or of district or
charter school officers or employees; or
(2) create any liability for a cause of action against
a school district or open-enrollment charter school or against
district or charter school officers or employees.
SECTION 2. This Act applies beginning with the 2023-2024
school year.
SECTION 3. 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, 2023.