Texas 2017 - 85th 1st C.S.

Texas House Bill HB335 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Collier H.B. No. 335
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to testing for lead contamination in public school
7	7	drinking water.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter C, Chapter 341, Health and Safety
10	10	Code, is amended by adding Sections 341.0317 and 341.0318 to read as
11	11	follows:
12	12	Sec. 341.0317. REQUIRED TESTING FOR LEAD CONTAMINATION IN
13	13	PUBLIC SCHOOL DRINKING WATER. (a) In this section:
14	14	(1) "First-draw tap test" means a water sample
15	15	collected and tested in the manner prescribed by the federal
16	16	monitoring requirements for lead and copper in tap water under 40
17	17	C.F.R. Section 141.86(b).
18	18	(2) "Open-enrollment charter school" means a school
19	19	that has been granted a charter under Subchapter D, Chapter 12,
20	20	Education Code.
21	21	(3) "Safe Drinking Water Act" means the federal Safe
22	22	Drinking Water Act (42 U.S.C. Section 300f et seq.).
23	23	(4) "School district" means any independent school
24	24	district.
25	25	(b) In addition to any water test required by the Safe
26	26	Drinking Water Act, each school district and open-enrollment
27	27	charter school shall conduct first-draw tap tests of potable water
28	28	outlets every five years, before the start of the school year, to
29	29	monitor the amount of lead in the water in each occupied school
30	30	building under the jurisdiction of the school district or
31	31	open-enrollment charter school. The school district or
32	32	open-enrollment charter school shall perform the first-draw tap
33	33	test as required by this section by using existing qualified
34	34	personnel or through a third party.
35	35	(c) If a person conducting a first-draw tap test determines
36	36	that the amount of lead in a potable water outlet of a school
37	37	building exceeds the level of lead considered safe for human
38	38	consumption as established by rules adopted under Subsection (f),
39	39	the affected school district or open-enrollment charter school
40	40	shall:
41	41	(1) continue weekly first-draw tap tests of the
42	42	building's potable water outlet under this section until three
43	43	consecutive weekly tests confirm the water is safe for human
44	44	consumption; and
45	45	(2) provide the occupants of the building with an
46	46	adequate supply of safe, potable drinking water until future tests
47	47	indicate lead levels in the water are safe for human consumption.
48	48	(d) A school district or open-enrollment charter school is
49	49	not required to conduct a first-draw tap test on a water outlet
50	50	under this section if the outlet is located in a school building
51	51	that is lead free, as defined by the Safe Drinking Water Act (42
52	52	U.S.C. Section 300g-6).
53	53	(e) A school district or open-enrollment charter school is
54	54	not required to conduct the first-draw tap tests under this section
55	55	if the school district or open-enrollment charter school has fewer
56	56	than 1,000 students and the school district or open-enrollment
57	57	charter school is unable to secure funding for the tests from grants
58	58	or donations.
59	59	(f) The commission, in consultation with the commissioner
60	60	of education, shall adopt rules to implement this section,
61	61	including rules to establish the level of lead in drinking water
62	62	that is considered safe for human consumption. The rules adopted
63	63	under this section must be consistent with the requirements for
64	64	school districts or open-enrollment charter schools that are
65	65	classified as a public water system under the Safe Drinking Water
66	66	Act.
67	67	Sec. 341.0318. RESULTS OF TESTING FOR LEAD CONTAMINATION IN
68	68	PUBLIC SCHOOL DRINKING WATER; REPORT. (a) In this section,
69	69	"first-draw tap test," "open-enrollment charter school," and
70	70	"school district" have the meanings assigned by Section 341.0317.
71	71	(b) Each school district and open-enrollment charter school
72	72	that conducts lead testing under Section 341.0317 shall make the
73	73	test results and any lead remediation plan available to the public
74	74	by:
75	75	(1) posting the information on the Internet website of
76	76	the school district or open-enrollment charter school; or
77	77	(2) any other method the school district or
78	78	open-enrollment charter school considers appropriate.
79	79	(c) Each school district and open-enrollment charter school
80	80	shall submit the information described by Subsection (b), in a
81	81	format approved by the commission, to:
82	82	(1) each local health authority with jurisdiction in
83	83	the municipality or county in which the school district or
84	84	open-enrollment charter school is located and maintain a public
85	85	record of the findings for 12 years from the date received.
86	86	SECTION 2. (a) Except as provided by Subsection (b) of
87	87	this section, this Act applies
88	88	beginning with the 2018-2019 school
89	89	year.
90	90	(b) A school district or open-enrollment charter school
91	91	that has completed first-draw tap tests of potable water outlets
92	92	during the 36-month period preceding the effective date of this Act
93	93	shall comply with this Act beginning with the 2020-2021 school
94	94	year.
95	95	SECTION 3. This Act takes effect December 1, 2017.