| 1 | 1 | | 88R6438 DIO-D |
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| 2 | 2 | | By: Hernandez H.B. No. 1797 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to public school policy regarding the prevention of heat |
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| 8 | 8 | | stress. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A, Chapter 38, Education Code, is |
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| 11 | 11 | | amended by adding Section 38.0211 to read as follows: |
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| 12 | 12 | | Sec. 38.0211. HEAT STRESS PREVENTION POLICY. (a) In this |
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| 13 | 13 | | section, "wet bulb globe temperature" means a comprehensive |
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| 14 | 14 | | measurement of environmental conditions that accounts for ambient |
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| 15 | 15 | | temperature, relative humidity, wind, and solar radiation. |
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| 16 | 16 | | (b) This section applies to: |
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| 17 | 17 | | (1) each public school in this state; and |
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| 18 | 18 | | (2) an extracurricular activity sponsored or |
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| 19 | 19 | | sanctioned by the University Interscholastic League and conducted |
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| 20 | 20 | | outdoors, including practice, training, participation, and |
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| 21 | 21 | | competition. |
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| 22 | 22 | | (c) Each school district and open-enrollment charter school |
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| 23 | 23 | | shall adopt and implement a policy regarding heat safety for |
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| 24 | 24 | | students participating in extracurricular activities conducted |
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| 25 | 25 | | outdoors. The policy must: |
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| 26 | 26 | | (1) establish criteria for determining satisfactory |
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| 27 | 27 | | or unsatisfactory conditions for outdoor activity based on wet bulb |
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| 28 | 28 | | globe temperature levels; |
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| 29 | 29 | | (2) require each school to monitor the risk of heat |
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| 30 | 30 | | stress before an outdoor activity begins and determine whether |
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| 31 | 31 | | conditions are satisfactory or unsatisfactory in accordance with |
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| 32 | 32 | | criteria established under Subdivision (1); and |
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| 33 | 33 | | (3) require each school to modify or suspend outdoor |
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| 34 | 34 | | activity as necessary if conditions are determined to be |
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| 35 | 35 | | unsatisfactory under Subdivision (1). |
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| 36 | 36 | | (d) This section does not: |
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| 37 | 37 | | (1) waive any immunity from liability of a school |
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| 38 | 38 | | district or open-enrollment charter school or of district or |
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| 39 | 39 | | charter school officers or employees; or |
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| 40 | 40 | | (2) create any liability for a cause of action against |
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| 41 | 41 | | a school district or open-enrollment charter school or against |
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| 42 | 42 | | district or charter school officers or employees. |
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| 43 | 43 | | SECTION 2. This Act applies beginning with the 2023-2024 |
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| 44 | 44 | | school year. |
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| 45 | 45 | | SECTION 3. This Act takes effect immediately if it receives |
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| 46 | 46 | | a vote of two-thirds of all the members elected to each house, as |
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| 47 | 47 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 48 | 48 | | Act does not receive the vote necessary for immediate effect, this |
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| 49 | 49 | | Act takes effect September 1, 2023. |
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