81R8064 CS-D
By: Truitt H.B. No. 3587
A BILL TO BE ENTITLED
AN ACT
relating to interactive water features and fountains.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 341, Health and Safety
Code, is amended by adding Section 341.0695 to read as follows:
Sec. 341.0695. INTERACTIVE WATER FEATURES AND FOUNTAINS.
(a) In this section, "interactive water feature or fountain" means
an installation that includes water sprays, dancing water jets,
waterfalls, dumping buckets, or shooting water cannons and that is
primarily maintained for public recreation.
(b) An owner, manager, operator, or other attendant in
charge of an interactive water feature or fountain shall maintain
the water feature or fountain in a sanitary condition.
(c) The bacterial content of the water in an interactive
water feature or fountain may not exceed the safe limits prescribed
by the standards adopted under this chapter. A minimum free
residual chlorine of 1.0 part for each one million units of water
used in a water feature or fountain must be maintained.
(d) Water in an interactive water feature or fountain may
not show an acid reaction to a standard pH test.
(e) A county or municipality may:
(1) require that the owner or operator of an
interactive water feature or fountain within the jurisdiction of
the county or municipality obtain a permit for operation of the
water feature or fountain;
(2) inspect an interactive water feature or fountain
within the jurisdiction of the county or municipality for
compliance with this section; and
(3) impose and collect a reasonable fee in connection
with a permit or inspection required under this subsection provided
the following are met:
(A) the auditor for the county or municipality
shall review the program every two years to ensure that the fees
imposed do not exceed the cost of the program; and
(B) the county or municipality refunds the permit
holders any revenue determined by the auditor to exceed the cost of
the program.
(f) A county or municipality may by order close, for the
period specified in the order, an interactive water feature or
fountain within the jurisdiction of the county or municipality if
the operation of the fountain or water feature violates this
section or a permitting or inspection requirement imposed by the
county or municipality under Subsection (e).
SECTION 2. (a) Not later than the 30th day after the
effective date of this Act, the executive commissioner of the
Health and Human Services Commission shall adopt emergency rules in
accordance with Section 2001.034, Government Code, as necessary to
implement Section 341.0695, Health and Safety Code, as added by
this Act.
(b) An owner, manager, operator, or other attendant in
charge of an interactive water feature or fountain is not required
to comply with Section 341.0695, Health and Safety Code, as added by
this Act, before the fifth day after the date rules are adopted
under Subsection (a) of this section.
SECTION 3. 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, 2009.