88R2874 AMF-D
By: Morales of Harris H.B. No. 86
A BILL TO BE ENTITLED
AN ACT
relating to required maintenance on heating and air conditioning
systems at public school instructional facilities and to the
liability of certain facilities handling hazardous substances for
damages caused to public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 38, Education Code, is
amended by adding Section 38.039 to read as follows:
Sec. 38.039. MANDATORY MAINTENANCE ON HEATING AND AIR
CONDITIONING SYSTEM. (a) In this section:
(1) "Health hazard" and "physical hazard" have the
meanings assigned by Section 505.004, Health and Safety Code.
(2) "Instructional facility" has the meaning assigned
by Section 46.001.
(b) Subject to Subsection (c), a school district shall for
each instructional facility of the district clean and replace
heating and air conditioning system filters in accordance with a
schedule recommended by a local fire department, county emergency
management authority, or other qualified local authority.
(c) A school district shall replace a heating and air
conditioning system filter if:
(1) a notice is issued under Section 505.017, Health
and Safety Code, that a health hazard or physical hazard exists not
more than two miles from the instructional facility;
(2) the district determines that the hazard for which
notice is issued under Subdivision (1) has compromised or adversely
affected the filtration system of the instructional facility's
heating and air conditioning system; and
(3) a local fire department, county emergency
management authority, or other qualified local authority
recommends that the filter be replaced as a result of the hazard for
which notice is issued under Subdivision (1).
SECTION 2. Subchapter C, Chapter 501, Health and Safety
Code, is amended by adding Section 501.038 to read as follows:
Sec. 501.038. LIABILITY. The owner or operator of a
facility subject to Chapter 505, 506, or 507 is liable to a school
district or open-enrollment charter school for damages to the
heating and air conditioning system of a district or school
instructional facility, as defined by Section 46.001, Education
Code, resulting from an explosion, release, or other event caused
by the facility for which a notice was issued under Section 505.017.
SECTION 3. This Act takes effect September 1, 2023.