Texas 2009 81st Regular

Texas Senate Bill SB968 House Committee Report / Bill

Filed 02/01/2025

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                    81R26060 YDB-D
 By: West S.B. No. 968
 Substitute the following for S.B. No. 968:
 By: Hopson C.S.S.B. No. 968


 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
 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.
 (d)  Except as provided by Subsection (f), a minimum free
 residual chlorine of 1.0 part for each one million units of water
 used in an interactive water feature or fountain must be
 maintained.
 (e)  Water in an interactive water feature or fountain may
 not show an acid reaction to a standard pH test.
 (f)  The department may by rule adopt methods other than
 chlorination for the purpose of disinfecting interactive water
 features and fountains.
 (g)  An interactive water feature or fountain that is
 supplied entirely by drinking water that is not recirculated is not
 subject to Subsections (d) and (e).
 (h)  A person known to be or suspected of being infected with
 a transmissible condition of a communicable disease shall be
 excluded from an interactive water feature or fountain.
 (i) A county, a municipality, or the department may:
 (1)  require that the owner or operator of an
 interactive water feature or fountain obtain a permit for operation
 of the water feature or fountain;
 (2)  inspect an interactive water feature or fountain
 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, if the requirement is imposed by a county or
 municipality, 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.
 (j)  A county, a municipality, or the department may by order
 close, for the period specified in the order, an interactive water
 feature or fountain if the operation of the fountain or water
 feature violates this section or a permitting or inspection
 requirement imposed under Subsection (i).
 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.