Texas Enabling Legislation
Requiring the Development of Voluntary Guidelines for
Indoor Air Quality in Public Schools
This can be used as model legislation for other states.
 
H.B. 2850 AS FINALLY PASSED
 
AN ACT
relating to the regulation of the indoor air quality of certain school district buildings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    SECTION i.  Subtitle C, Title 5, Health and Safety Code, is amended by adding Chapter 385 to read
as follows:
CHAPTER 385 INDOOR AIR QUALITY IN SCHOOL DISTRICT BUILDINGS
                Sec. 385.001.  DEFINITIONS. In this Chapter:
 
                            (1)  "Air contaminant" means a gaseous, liquid, or solid substance or combination of

substances that is in a form that is transported by or in air and has the potential to be detrimental to

human health.

                            (2)  "Board" means the Texas Board of Health.

                            (3)  "Indoor Air Quality" means the presence, in an indoor environment, of one or

more air contaminants  sufficient concentration and of sufficient duration to be capable of causing adverse

effects to human health.

                            (4)   "Public school" means a building owned by a public school district or leased by a

public school district for three months or more that is used by the district for a purpose that involves

regular occupancy of the building by students.

                Sec. 385.002.   POWERS AND DUTIES OF BOARD.  (a)  The board by rule shall establish

voluntary guidelines for indoor air quality in public school, including guidelines for ventilation and indoor

air pollution control systems.  The board my adopt other rules necessary to implement this

chapter.

                (b)    In establishing the guidelines, the board shall consider:

                        (1)    the potential chronic effects of air contaminants on human health;

                        (2)    the potential effects of insufficient ventilation of the indoor environment on human

health;

                        (3)    the potential costs of health care for the short-term and long-term effects on human

health that may result from exposure to indoor air contaminants; and

                        (4)    the potential costs of compliance with a proposed guideline.

                (c)    A guideline adopted under this chapter may include a contaminant concentration, a

control method, a sampling method, a ventilation rate, design, or procedure, or a similar recommendation.

                (d)    The board's guidelines my differ for different pollution sources or different areas of the

state.

                Sec. 385.003.    This cahpter does not create liability for a school board for an injury caused by

the failure to comply with the voluntary guidelines established by the Texas Board of health under

Section 385.002.

                SECTION 2.  This act takes effect September 1, 1995.

                SECTION 3.   The importance of this legislation and the crowded condition of the calendars in

both houses create an emergency and an imperative public necessity that the constitutional rule requiring

bills to be read on three several days in each house be suspended, and this rule is hereby suspended.