| 1 | 1 | | 81R8064 CS-D |
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| 2 | 2 | | By: Truitt H.B. No. 3587 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to interactive water features and fountains. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter D, Chapter 341, Health and Safety |
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| 10 | 10 | | Code, is amended by adding Section 341.0695 to read as follows: |
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| 11 | 11 | | Sec. 341.0695. INTERACTIVE WATER FEATURES AND FOUNTAINS. |
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| 12 | 12 | | (a) In this section, "interactive water feature or fountain" means |
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| 13 | 13 | | an installation that includes water sprays, dancing water jets, |
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| 14 | 14 | | waterfalls, dumping buckets, or shooting water cannons and that is |
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| 15 | 15 | | primarily maintained for public recreation. |
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| 16 | 16 | | (b) An owner, manager, operator, or other attendant in |
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| 17 | 17 | | charge of an interactive water feature or fountain shall maintain |
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| 18 | 18 | | the water feature or fountain in a sanitary condition. |
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| 19 | 19 | | (c) The bacterial content of the water in an interactive |
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| 20 | 20 | | water feature or fountain may not exceed the safe limits prescribed |
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| 21 | 21 | | by the standards adopted under this chapter. A minimum free |
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| 22 | 22 | | residual chlorine of 1.0 part for each one million units of water |
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| 23 | 23 | | used in a water feature or fountain must be maintained. |
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| 24 | 24 | | (d) Water in an interactive water feature or fountain may |
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| 25 | 25 | | not show an acid reaction to a standard pH test. |
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| 26 | 26 | | (e) A county or municipality may: |
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| 27 | 27 | | (1) require that the owner or operator of an |
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| 28 | 28 | | interactive water feature or fountain within the jurisdiction of |
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| 29 | 29 | | the county or municipality obtain a permit for operation of the |
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| 30 | 30 | | water feature or fountain; |
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| 31 | 31 | | (2) inspect an interactive water feature or fountain |
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| 32 | 32 | | within the jurisdiction of the county or municipality for |
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| 33 | 33 | | compliance with this section; and |
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| 34 | 34 | | (3) impose and collect a reasonable fee in connection |
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| 35 | 35 | | with a permit or inspection required under this subsection provided |
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| 36 | 36 | | the following are met: |
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| 37 | 37 | | (A) the auditor for the county or municipality |
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| 38 | 38 | | shall review the program every two years to ensure that the fees |
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| 39 | 39 | | imposed do not exceed the cost of the program; and |
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| 40 | 40 | | (B) the county or municipality refunds the permit |
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| 41 | 41 | | holders any revenue determined by the auditor to exceed the cost of |
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| 42 | 42 | | the program. |
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| 43 | 43 | | (f) A county or municipality may by order close, for the |
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| 44 | 44 | | period specified in the order, an interactive water feature or |
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| 45 | 45 | | fountain within the jurisdiction of the county or municipality if |
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| 46 | 46 | | the operation of the fountain or water feature violates this |
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| 47 | 47 | | section or a permitting or inspection requirement imposed by the |
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| 48 | 48 | | county or municipality under Subsection (e). |
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| 49 | 49 | | SECTION 2. (a) Not later than the 30th day after the |
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| 50 | 50 | | effective date of this Act, the executive commissioner of the |
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| 51 | 51 | | Health and Human Services Commission shall adopt emergency rules in |
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| 52 | 52 | | accordance with Section 2001.034, Government Code, as necessary to |
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| 53 | 53 | | implement Section 341.0695, Health and Safety Code, as added by |
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| 54 | 54 | | this Act. |
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| 55 | 55 | | (b) An owner, manager, operator, or other attendant in |
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| 56 | 56 | | charge of an interactive water feature or fountain is not required |
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| 57 | 57 | | to comply with Section 341.0695, Health and Safety Code, as added by |
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| 58 | 58 | | this Act, before the fifth day after the date rules are adopted |
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| 59 | 59 | | under Subsection (a) of this section. |
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| 60 | 60 | | SECTION 3. This Act takes effect immediately if it receives |
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| 61 | 61 | | a vote of two-thirds of all the members elected to each house, as |
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| 62 | 62 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 63 | 63 | | Act does not receive the vote necessary for immediate effect, this |
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| 64 | 64 | | Act takes effect September 1, 2009. |
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