Texas 2009 - 81st Regular

Texas Senate Bill SB968 Compare Versions

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1	1	S.B. No. 968
2	2
3	3
4	4	AN ACT
5	5	relating to interactive water features and fountains.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Subchapter D, Chapter 341, Health and Safety
8	8	Code, is amended by adding Section 341.0695 to read as follows:
9	9	Sec. 341.0695. INTERACTIVE WATER FEATURES AND FOUNTAINS.
10	10	(a) In this section, "interactive water feature or fountain" means
11	11	an installation that includes water sprays, dancing water jets,
12	12	waterfalls, dumping buckets, or shooting water cannons and that is
13	13	maintained for public recreation.
14	14	(b) An owner, manager, operator, or other attendant in
15	15	charge of an interactive water feature or fountain shall maintain
16	16	the water feature or fountain in a sanitary condition.
17	17	(c) The bacterial content of the water in an interactive
18	18	water feature or fountain may not exceed the safe limits prescribed
19	19	by the standards adopted under this chapter.
20	20	(d) Except as provided by Subsection (f), a minimum free
21	21	residual chlorine of 1.0 part for each one million units of water
22	22	used in an interactive water feature or fountain must be
23	23	maintained.
24	24	(e) Water in an interactive water feature or fountain may
25	25	not show an acid reaction to a standard pH test.
26	26	(f) The department may by rule adopt methods other than
27	27	chlorination for the purpose of disinfecting interactive water
28	28	features and fountains.
29	29	(g) An interactive water feature or fountain that is
30	30	supplied entirely by drinking water that is not recirculated is not
31	31	subject to Subsections (d) and (e).
32	32	(h) A person known to be or suspected of being infected with
33	33	a transmissible condition of a communicable disease shall be
34	34	excluded from an interactive water feature or fountain.
35	35	(i) A county, a municipality, or the department may:
36	36	(1) require that the owner or operator of an
37	37	interactive water feature or fountain obtain a permit for operation
38	38	of the water feature or fountain;
39	39	(2) inspect an interactive water feature or fountain
40	40	for compliance with this section; and
41	41	(3) impose and collect a reasonable fee in connection
42	42	with a permit or inspection required under this subsection
43	43	provided, if the requirement is imposed by a county or
44	44	municipality, the following are met:
45	45	(A) the auditor for the county or municipality
46	46	shall review the program every two years to ensure that the fees
47	47	imposed do not exceed the cost of the program; and
48	48	(B) the county or municipality refunds the permit
49	49	holders any revenue determined by the auditor to exceed the cost of
50	50	the program.
51	51	(j) A county, a municipality, or the department may by order
52	52	close, for the period specified in the order, an interactive water
53	53	feature or fountain if the operation of the fountain or water
54	54	feature violates this section or a permitting or inspection
55	55	requirement imposed under Subsection (i).
56	56	(k) This section does not apply to a recreational water park
57	57	that uses freshwater originating from a natural watercourse for
58	58	recreational purposes and releases the freshwater back into the
59	59	same natural watercourse.
60	60	SECTION 2. (a) Not later than the 30th day after the
61	61	effective date of this Act, the executive commissioner of the
62	62	Health and Human Services Commission shall adopt emergency rules in
63	63	accordance with Section 2001.034, Government Code, as necessary to
64	64	implement Section 341.0695, Health and Safety Code, as added by
65	65	this Act.
66	66	(b) An owner, manager, operator, or other attendant in
67	67	charge of an interactive water feature or fountain is not required
68	68	to comply with Section 341.0695, Health and Safety Code, as added by
69	69	this Act, before the fifth day after the date rules are adopted
70	70	under Subsection (a) of this section.
71	71	SECTION 3. This Act takes effect immediately if it receives
72	72	a vote of two-thirds of all the members elected to each house, as
73	73	provided by Section 39, Article III, Texas Constitution. If this
74	74	Act does not receive the vote necessary for immediate effect, this
75	75	Act takes effect September 1, 2009.
76	76	______________________________ ______________________________
77	77	President of the Senate Speaker of the House
78	78	I hereby certify that S.B. No. 968 passed the Senate on
79	79	April 9, 2009, by the following vote: Yeas 31, Nays 0;
80	80	May 29, 2009, Senate refused to concur in House amendments and
81	81	requested appointment of Conference Committee; May 30, 2009, House
82	82	granted request of the Senate; May 31, 2009, Senate adopted
83	83	Conference Committee Report by the following vote: Yeas 31,
84	84	Nays 0.
85	85	______________________________
86	86	Secretary of the Senate
87	87	I hereby certify that S.B. No. 968 passed the House, with
88	88	amendments, on May 20, 2009, by the following vote: Yeas 111,
89	89	Nays 34, two present not voting; May 30, 2009, House granted
90	90	request of the Senate for appointment of Conference Committee;
91	91	May 31, 2009, House adopted Conference Committee Report by the
92	92	following vote: Yeas 124, Nays 21, one present not voting.
93	93	______________________________
94	94	Chief Clerk of the House
95	95	Approved:
96	96	______________________________
97	97	Date
98	98	______________________________
99	99	Governor