Bill Text: TX HB2974 | 2021-2022 | 87th Legislature | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-04-26 - Left pending in committee [HB2974 Detail]

Download: Texas-2021-HB2974-Introduced.html
  87R5716 MLH-D
 
  By: Morales of Harris H.B. No. 2974
 
 
 
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 38.045 to read as follows:
         Sec. 38.045.  MANDATORY MAINTENANCE ON HEATING AND AIR
  CONDITIONING SYSTEM. (a)  In this section:
               (1)  "Health hazard" and "physical hazard" have the
  meaning 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; or
               (2)  a local fire department, county emergency
  management authority, or other qualified local authority
  recommends that the filter be replaced as a result of a health
  hazard or physical hazard occurring at a facility subject to
  Chapter 505, 506, or 507, Health and Safety Code.
         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 resulting
  from an explosion, release, or other event caused by the facility.
         SECTION 3.  This Act takes effect September 1, 2021.
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