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Statutes > Texas > Health-and-safety-code > Title-5-sanitation-and-environmental-quality > Chapter-385-indoor-air-quality-in-government-buildings

HEALTH AND SAFETY CODE

TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY

SUBTITLE C. AIR QUALITY

CHAPTER 385. INDOOR AIR QUALITY IN GOVERNMENT 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) “Government building” means a building that is:

(A) owned, or leased for a term of at least three months, by a

state governmental entity or by a political subdivision of this

state, including a county, municipality, special purpose

district, or school district; and

(B) regularly open to members of the public or used by the state

or local governmental entity for a purpose that involves regular

occupancy of the building by an employee or by a person in the

custody or control of the governmental entity such as a public

school student.

(4) “Indoor air pollution” means the presence, in an indoor

environment, of one or more air contaminants in sufficient

concentration and of sufficient duration to be capable of causing

adverse effects to human health.

Added by Acts 1995, 74th Leg., ch. 690, Sec. 1, eff. Sept. 1,

1995. Amended by Acts 2001, 77th Leg., ch. 1067, Sec. 1, eff.

Sept. 1, 2001.

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

rule shall establish voluntary guidelines for indoor air quality

in government buildings, including guidelines for ventilation and

indoor air pollution control systems. The board may 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 may differ for different pollution

sources or different areas of the state and may differ for

buildings that are regularly occupied or visited by children.

Added by Acts 1995, 74th Leg., ch. 690, Sec. 1, eff. Sept. 1,

1995. Amended by Acts 2001, 77th Leg., ch. 1067, Sec. 1, eff.

Sept. 1, 2001.

Sec. 385.003. LIABILITY AND IMMUNITY. This chapter does not

create liability for a governmental entity for an injury caused

by the failure to comply with the voluntary guidelines

established under Section 385.002.

Added by Acts 1995, 74th Leg., ch. 690, Sec. 1, eff. Sept. 1,

1995. Amended by Acts 2001, 77th Leg., ch. 1067, Sec. 1, eff.

Sept. 1, 2001.