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AN ACT
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relating to the expenditure of public funds for certain playground |
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facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 756.061(a) and (b), Health and Safety |
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Code, are amended to read as follows: |
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(a) Notwithstanding any other rule or statute, and except |
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[Except] as provided by Subsection (b), on or after September 1, |
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2009 [1997], public funds may not be used: |
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(1) to purchase playground equipment that: |
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(A) does not [substantially] comply with each |
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applicable provision of ASTM Standard F1487-07ae1, "Consumer |
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Safety Performance Specification for Playground Equipment for |
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Public Use" [the Handbook for Public Playground Safety] published |
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[in 1994] by ASTM International; or |
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(B) has a horizontal bare metal platform or a |
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bare metal step or slide, unless the bare metal is shielded from |
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direct sun by a covering provided with the equipment or by a shaded |
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area in the location where the equipment is installed [the United
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States Consumer Product Safety Commission (Publication No. 325)]; |
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(2) to purchase surfacing for the area under and |
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around playground equipment if the surfacing will not |
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[substantially] comply, on completion of installation of the |
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surfacing, with each applicable provision of ASTM Standard |
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F2223-04e1, "Standard Guide for ASTM Standards on Playground |
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Surfacing" published by ASTM International [the handbook described
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by Subdivision (1)]; or |
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(3) to pay for installation of playground equipment or |
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surfacing if the installation will not [substantially] comply, on |
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completion of the installation, with each applicable provision of |
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the specifications [handbook] described by Subdivision (1) or (2), |
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as applicable. |
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(b) Public funds may be used for maintenance of playground |
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equipment or surfacing for the area under and around playground |
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equipment that was purchased before September 1, 2009 [1997], even |
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if the equipment or surfacing does not [substantially] comply, on |
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completion of the maintenance, with each applicable provision of |
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the specifications [handbook] described by Subsections |
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[Subsection] (a)(1) and (a)(2). |
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SECTION 2. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4127 was passed by the House on April |
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30, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 4127 on May 23, 2009, by the following vote: Yeas 137, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4127 was passed by the Senate, with |
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amendments, on May 21, 2009, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |