| 1 | 1 | | 88R2874 AMF-D |
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| 2 | 2 | | By: Morales of Harris H.B. No. 86 |
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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 required maintenance on heating and air conditioning |
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| 8 | 8 | | systems at public school instructional facilities and to the |
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| 9 | 9 | | liability of certain facilities handling hazardous substances for |
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| 10 | 10 | | damages caused to public schools. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter A, Chapter 38, Education Code, is |
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| 13 | 13 | | amended by adding Section 38.039 to read as follows: |
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| 14 | 14 | | Sec. 38.039. MANDATORY MAINTENANCE ON HEATING AND AIR |
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| 15 | 15 | | CONDITIONING SYSTEM. (a) In this section: |
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| 16 | 16 | | (1) "Health hazard" and "physical hazard" have the |
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| 17 | 17 | | meanings assigned by Section 505.004, Health and Safety Code. |
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| 18 | 18 | | (2) "Instructional facility" has the meaning assigned |
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| 19 | 19 | | by Section 46.001. |
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| 20 | 20 | | (b) Subject to Subsection (c), a school district shall for |
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| 21 | 21 | | each instructional facility of the district clean and replace |
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| 22 | 22 | | heating and air conditioning system filters in accordance with a |
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| 23 | 23 | | schedule recommended by a local fire department, county emergency |
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| 24 | 24 | | management authority, or other qualified local authority. |
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| 25 | 25 | | (c) A school district shall replace a heating and air |
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| 26 | 26 | | conditioning system filter if: |
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| 27 | 27 | | (1) a notice is issued under Section 505.017, Health |
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| 28 | 28 | | and Safety Code, that a health hazard or physical hazard exists not |
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| 29 | 29 | | more than two miles from the instructional facility; |
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| 30 | 30 | | (2) the district determines that the hazard for which |
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| 31 | 31 | | notice is issued under Subdivision (1) has compromised or adversely |
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| 32 | 32 | | affected the filtration system of the instructional facility's |
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| 33 | 33 | | heating and air conditioning system; and |
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| 34 | 34 | | (3) a local fire department, county emergency |
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| 35 | 35 | | management authority, or other qualified local authority |
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| 36 | 36 | | recommends that the filter be replaced as a result of the hazard for |
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| 37 | 37 | | which notice is issued under Subdivision (1). |
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| 38 | 38 | | SECTION 2. Subchapter C, Chapter 501, Health and Safety |
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| 39 | 39 | | Code, is amended by adding Section 501.038 to read as follows: |
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| 40 | 40 | | Sec. 501.038. LIABILITY. The owner or operator of a |
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| 41 | 41 | | facility subject to Chapter 505, 506, or 507 is liable to a school |
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| 42 | 42 | | district or open-enrollment charter school for damages to the |
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| 43 | 43 | | heating and air conditioning system of a district or school |
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| 44 | 44 | | instructional facility, as defined by Section 46.001, Education |
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| 45 | 45 | | Code, resulting from an explosion, release, or other event caused |
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| 46 | 46 | | by the facility for which a notice was issued under Section 505.017. |
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| 47 | 47 | | SECTION 3. This Act takes effect September 1, 2023. |
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