Bill Text: TX HB351 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to air filtration efficiency standards at certain educational and child care facilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-04-12 - Left pending in committee [HB351 Detail]

Download: Texas-2021-HB351-Introduced.html
 
 
  By: Talarico H.B. No. 351
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to air filtration efficiency standards at certain
  educational and child care facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle C, Title 5, Health and Safety Code, is
  amended by adding Chapter 396 to read as follows:
  CHAPTER 396. AIR FILTRATION EFFICIENCY STANDARDS AT CERTAIN
  EDUCATIONAL AND CHILD CARE FACILITIES
         Sec. 396.0001.  DEFINITIONS. In this chapter:
               (1)  "Agency" means the Texas Education Agency.
               (2)  "Child care facility" has the meaning assigned by
  Section 88.001.
               (3)  "Commission" means the Texas Commission on
  Environmental Quality.
               (4)  "Executive director" means the executive director 
  of the commission.
               (5)  "Private school" has the meaning assigned by
  Section 5.001, Education Code.
         Sec. 396.0002.  ADOPTION OF RULES.  The commission shall
  adopt rules establishing air filtration efficiency standards for
  public schools, private schools, and child care facilities in
  accordance with the recommended best practices for air filtration
  in schools adopted by the National Air Filtration Association in
  2012 or with more recently adopted best practices that the
  commission determines will better protect public health.
         Sec. 396.0003.  TESTING AND REPLACEMENT OF HVAC SYSTEMS.
  (a) Each public school, private school, and child care facility in
  this state shall periodically test and, as necessary, replace a
  heating, ventilation, and air conditioning system or a component of
  the system used in any part of the school or facility to meet air
  filtration efficiency standards that comply with commission rules.
  Each test of the system must be conducted in accordance with
  commission rules and any applicable standards adopted by the United
  States Environmental Protection Agency.
         (b)  Each public school, private school, or child care
  facility shall perform the testing required under this section at
  least once each year unless the executive director determines for a
  specific case that a greater or lesser frequency of testing is
  necessary or sufficient to ensure public health. This subsection
  does not prevent a school or facility from conducting more frequent
  testing than required under this section.
         Sec. 396.0004.  NOTICE OF TESTING RESULTS. (a)  Each public
  school, private school, and child care facility shall:
               (1)  submit to the commission and the agency
  information on testing conducted under Section 396.0003,
  including:
                     (A)  the date the testing was completed;
                     (B)  the location and type of each heating,
  ventilation, and air conditioning system tested;
                     (C)  the results of each test; and
                     (D)  any actions taken under Section 396.0003 to
  replace a heating, ventilation, and air conditioning system or
  component of the system that does not meet air filtration
  efficiency standards adopted by the commission under Section
  396.0002;
               (2)  for the information submitted under Subdivision
  (1):
                     (A)  maintain copies in a suitable location for
  inspection by the public;
                     (B)  post the information on the Internet website
  of the school or facility; and
                     (C)  notify parent, teacher, and employee
  organizations of the availability of the information; and
               (3)  designate a person to serve as the contact person
  for communications with the commission, the agency, and the public
  regarding the testing and replacement activities.
         (b)  If testing conducted under Section 396.0003 reveals a
  heating, ventilation, and air conditioning system or component of
  the system that does not meet air filtration efficiency standards
  adopted by the commission under Section 396.0002, the public
  school, private school, or child care facility shall provide notice
  of the test results through written notice, electronic mail, or
  other means approved by the commission to the teachers, the school
  or facility personnel, and a parent or legal guardian of each
  student or child attending the school or facility.  The
  notification must be made within one business day of the receipt of
  the test results and must include:
               (1)  a summary of the test results and information on
  the availability of the complete test results for public inspection
  at a suitable location and on the Internet website of the school or
  facility;
               (2)  a description of any actions taken under Section
  396.0003 to replace the system or a component of the system;
               (3)  general information on the public health effects
  and risks posed by inadequate air filtration systems; and
               (4)  the name and contact information of the person
  designated under Subsection (a)(3) to communicate with the public.
         Sec. 396.0005.  BIENNIAL REPORT.  Not later than December 1
  of each even-numbered year, the executive director and the agency
  jointly shall prepare and submit to the governor, the lieutenant
  governor, the speaker of the house of representatives, and each
  member of the legislature a written report that includes a summary
  of the information submitted under Section 396.0004(a)(1) in the
  preceding two years.
         SECTION 2.  Not later than December 1, 2021, the Texas
  Commission on Environmental Quality shall adopt rules as necessary
  to implement Chapter 396, Health and Safety Code, as added by this
  Act.
         SECTION 3.  Not later than July 1, 2022, each public school,
  private school, and child care facility shall test and, as
  necessary, replace a heating, ventilation, and air conditioning
  system or component of the system as required under Section
  396.0003, Health and Safety Code, as added by this Act.
         SECTION 4.  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, 2021.
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