88R2874 AMF-D     By: Morales of Harris H.B. No. 86       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 38.039 to read as follows:          Sec. 38.039.  MANDATORY MAINTENANCE ON HEATING AND AIR   CONDITIONING SYSTEM. (a)  In this section:                (1)  "Health hazard" and "physical hazard" have the   meanings 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;                (2)  the district determines that the hazard for which   notice is issued under Subdivision (1) has compromised or adversely   affected the filtration system of the instructional facility's   heating and air conditioning system; and                (3)  a local fire department, county emergency   management authority, or other qualified local authority   recommends that the filter be replaced as a result of the hazard for   which notice is issued under Subdivision (1).          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 to the   heating and air conditioning system of a district or school   instructional facility, as defined by Section 46.001, Education   Code, resulting from an explosion, release, or other event caused   by the facility for which a notice was issued under Section 505.017.          SECTION 3.  This Act takes effect September 1, 2023.