HBA-DMH C.S.H.B. 2006 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2006
By: Naishtat
Public Health
4/11/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, the indoor air quality voluntary guidelines for public schools
give schools general guidance regarding conditions that may cause poor
indoor air quality.  In schools, air pollutants can come from several
sources including furniture, carpeting, walls, ceilings, bookcases,
chalkboards, and computers. Schools also have a variety of special
polluting areas such as kitchens, cafeterias, science labs, and cleaning
storage areas.  The earlier a problem is detected, the less costly it is to
repair.  C.S.H.B. 2006 requires school districts to regularly assess the
indoor air quality of public school buildings. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Board of Health in SECTION 1
(Section 385.003, Health and Safety Code) and to the Texas Department of
Health in SECTION 1 (Sections 385.102 and 385.151, Health and Safety Code)
of this bill. 

ANALYSIS

C.S.H.B. 2006 amends the Health and Safety Code to require the Texas
Department of Health (TDH) to conduct a statewide education program
regarding the importance of and ways to improve indoor air quality in
public schools (Sec. 385.002).  The bill authorizes the Texas Board of
Health (board) to adopt rules necessary to implement provisions relating to
indoor air quality in school district buildings (Sec. 385.003). The bill
includes a school district and a school district employee among the group
of entities for which liability is not created for an injury caused by the
failure to comply with voluntary guidelines (Sec. 385.052). 

The bill requires a school district to assess the indoor air quality of a
public school in the district:   

_within 90 days after the completion of a newly constructed school; 

_within 90 days after an event that could reasonably be expected to
significantly affect the indoor air quality in the school; 

_when an assessment of the school is ordered by the superintendent of the
district because of illness among the students or staff that may reasonably
be attributable to the indoor air quality of the school; and 

_within 90 days after the completion of remedial action taken to remedy a
previously discovered problem. 

When conducting assessments, the bill requires a school district to use
individuals certified by  TDH and does not prohibit additional assessments
from being conducted whenever required by prudence or other law (Sec.
385.101). 

The bill requires TDH to establish by rule criteria and checklists for
assessing the indoor air quality of public  schools, and requires school
districts to utilize these criteria when conducting assessments (Secs.
385.101 and 385.102).  The rules must include requirements for assessing
the  indoor air quality of each school with respect to ambient temperature,
relative humidity, the adequacy of ventilation, and  the presence of
specified contaminants.  In establishing acceptable assessment methods or
in including additional factors to be assessed, the bill requires TDH to
consider the potential health effects and potential costs the board is
required to consider in adopting existing voluntary guidelines for indoor
air quality in public schools (Sec. 385.102). 

The bill requires a school district to send assessment results, in a format
specified by the board, to TDH and to the campus-level planning and
decision-making committee of the school not later than the 60th day after
the assessment is completed.  The bill requires the school district to
promptly make the results of an assessment available, on request, to any
member of the public (Sec. 385.103). 

The bill requires TDH to certify individuals to perform public school
indoor air quality assessments and to adopt rules to govern the
certification program that are designed to ensure persons certified are
capable of performing the air quality assessments and will properly report
the results of an assessment.  The bill provides what the rules must
specify.  The bill sets forth the circumstances under which TDH is
authorized to certify a person without requiring the usual testing and
training (Sec. 385.151).  The bill sets forth provisions for certification
fees (Sec. 385.152). 

The bill amends the Education Code to prohibit a school district from using
specified state funds to make payments on bonds issued in connection with
the renovation of an instructional facility, unless the district assesses
the indoor air quality of the facility within 90 days after the renovation
is completed (Sec. 46.0081). 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2006 differs from the original bill by removing provisions that:

_require a school district, not later than September 1, 2003, to assess the
indoor air quality of each public school in the district that is in use on
September 1, 2001, and sets forth exceptions; 

_require a school district to assess the indoor air quality of each public
school in the district not later than the fourth anniversary of the last
indoor air quality assessment or that school; and  

_provide that any indoor air quality assessment of a public school must be
conducted during the school year. 

The substitute specifies that a school district is required to assess the
indoor air quality of a public school in the district within 90 days after
the completion of remedial action, rather than soon after remedial action
is taken.