Texas 2017 - 85th Regular

Texas House Bill HB2395 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R26377 SLB-F
2	2	By: Collier, Koop, Capriglione H.B. No. 2395
3	3	Substitute the following for H.B. No. 2395:
4	4	By: Bernal C.S.H.B. No. 2395
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to testing for lead contamination in public school
10	10	drinking water.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter C, Chapter 341, Health and Safety
13	13	Code, is amended by adding Sections 341.0317 and 341.0318 to read as
14	14	follows:
15	15	Sec. 341.0317. REQUIRED TESTING FOR LEAD CONTAMINATION IN
16	16	PUBLIC SCHOOL DRINKING WATER. (a) In this section:
17	17	(1) "First-draw tap test" means a water sample
18	18	collected and tested in the manner prescribed by the federal
19	19	monitoring requirements for lead and copper in tap water under 40
20	20	C.F.R. Section 141.86(b).
21	21	(2) "Open-enrollment charter school" means a school
22	22	that has been granted a charter under Subchapter D, Chapter 12,
23	23	Education Code.
24	24	(3) "Safe Drinking Water Act" means the federal Safe
25	25	Drinking Water Act (42 U.S.C. Section 300f et seq.).
26	26	(4) "School district" means any independent school
27	27	district.
28	28	(b) In addition to any water test required by the Safe
29	29	Drinking Water Act, each school district and open-enrollment
30	30	charter school shall conduct first-draw tap tests of potable water
31	31	outlets every five years, before the start of the school year, to
32	32	monitor the amount of lead in the water in each occupied school
33	33	building under the jurisdiction of the school district or
34	34	open-enrollment charter school. The school district or
35	35	open-enrollment charter school shall perform the first-draw tap
36	36	test as required by this section by using existing qualified
37	37	personnel or through a third party.
38	38	(c) If a person conducting a first-draw tap test determines
39	39	that the amount of lead in a potable water outlet of a school
40	40	building exceeds the level of lead considered safe for human
41	41	consumption as established by rules adopted under Subsection (f),
42	42	the affected school district or open-enrollment charter school
43	43	shall:
44	44	(1) continue weekly first-draw tap tests of the
45	45	building's potable water outlet under this section until three
46	46	consecutive weekly tests confirm the water is safe for human
47	47	consumption; and
48	48	(2) provide the occupants of the building with an
49	49	adequate supply of safe, potable drinking water until future tests
50	50	indicate lead levels in the water are safe for human consumption.
51	51	(d) A school district or open-enrollment charter school is
52	52	not required to conduct a first-draw tap test on a water outlet
53	53	under this section if the outlet is located in a school building
54	54	that is lead free, as defined by the Safe Drinking Water Act (42
55	55	U.S.C. Section 300g-6).
56	56	(e) A school district or open-enrollment charter school is
57	57	not required to conduct the first-draw tap tests under this section
58	58	if the school district or open-enrollment charter school has fewer
59	59	than 1,000 students and the school district or open-enrollment
60	60	charter school is unable to secure funding for the tests from grants
61	61	or donations.
62	62	(f) The commission, in consultation with the commissioner
63	63	of education, shall adopt rules to implement this section,
64	64	including rules to establish the level of lead in drinking water
65	65	that is considered safe for human consumption. The rules adopted
66	66	under this section must be consistent with the requirements for
67	67	school districts or open-enrollment charter schools that are
68	68	classified as a public water system under the Safe Drinking Water
69	69	Act.
70	70	Sec. 341.0318. RESULTS OF TESTING FOR LEAD CONTAMINATION IN
71	71	PUBLIC SCHOOL DRINKING WATER; REPORT. (a) In this section,
72	72	"first-draw tap test," "open-enrollment charter school," and
73	73	"school district" have the meanings assigned by Section 341.0317.
74	74	(b) Each school district and open-enrollment charter school
75	75	that conducts lead testing under Section 341.0317 shall make the
76	76	test results and any lead remediation plan available to the public
77	77	by:
78	78	(1) posting the information on the Internet website of
79	79	the school district or open-enrollment charter school; or
80	80	(2) any other method the school district or
81	81	open-enrollment charter school considers appropriate.
82	82	(c) Each school district and open-enrollment charter school
83	83	shall submit the information described by Subsection (b), in a
84	84	format approved by the commission, to:
85	85	(1) the commission; and
86	86	(2) each local health authority with jurisdiction in
87	87	the municipality or county in which the school district or
88	88	open-enrollment charter school is located.
89	89	(d) Not later than December 1 of each even-numbered year,
90	90	the commission shall submit to the governor, the lieutenant
91	91	governor, the speaker of the house of representatives, and each
92	92	member of the legislature a report that includes the findings from
93	93	the first-draw tap tests conducted under Section 341.0317.
94	94	SECTION 2. (a) Except as provided by Subsection (b) of this
95	95	section, this Act applies beginning with the 2018-2019 school year.
96	96	(b) A school district or open-enrollment charter school
97	97	that has completed first-draw tap tests of potable water outlets
98	98	during the 36-month period preceding the effective date of this Act
99	99	shall comply with this Act beginning with the 2020-2021 school
100	100	year.
101	101	SECTION 3. This Act takes effect September 1, 2017.