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.