S.B. No. 968
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).
(k) This section does not apply to a recreational water park
that uses freshwater originating from a natural watercourse for
recreational purposes and releases the freshwater back into the
same natural watercourse.
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 968 passed the Senate on
April 9, 2009, by the following vote: Yeas 31, Nays 0;
May 29, 2009, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 30, 2009, House
granted request of the Senate; May 31, 2009, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 968 passed the House, with
amendments, on May 20, 2009, by the following vote: Yeas 111,
Nays 34, two present not voting; May 30, 2009, House granted
request of the Senate for appointment of Conference Committee;
May 31, 2009, House adopted Conference Committee Report by the
following vote: Yeas 124, Nays 21, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor