| 1 | 1 | | 86R14320 MP-D |
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| 2 | 2 | | By: Gervin-Hawkins H.B. No. 3053 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the adoption of a healthy and safe school water plan by |
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| 8 | 8 | | public schools. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A, Chapter 38, Education Code, is |
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| 11 | 11 | | amended by adding Section 38.039 to read as follows: |
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| 12 | 12 | | Sec. 38.039. HEALTHY AND SAFE SCHOOL WATER PLAN. (a) In |
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| 13 | 13 | | this section, "water source" means any running water tap that is |
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| 14 | 14 | | used for drinking or food preparation. |
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| 15 | 15 | | (b) Each school district shall adopt a healthy and safe |
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| 16 | 16 | | school water plan. The plan must include provisions for: |
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| 17 | 17 | | (1) periodic testing for lead in school water sources; |
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| 18 | 18 | | and |
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| 19 | 19 | | (2) reducing exposure to elevated levels of lead in |
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| 20 | 20 | | school water sources. |
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| 21 | 21 | | (c) If the results of a school water source test for lead |
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| 22 | 22 | | show a level of lead that exceeds 15 parts per billion, the school |
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| 23 | 23 | | district must restrict access to the water source within 48 hours of |
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| 24 | 24 | | learning of the test results. The district must determine and |
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| 25 | 25 | | mitigate the source of the lead contamination, and a subsequent |
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| 26 | 26 | | test for lead must show a level of lead below 15 parts per billion |
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| 27 | 27 | | before access to the water source is returned to normal. |
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| 28 | 28 | | (d) The agency, in collaboration with the Texas Commission |
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| 29 | 29 | | on Environmental Quality, the Department of State Health Services, |
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| 30 | 30 | | regional education service centers, and other stakeholders, shall |
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| 31 | 31 | | develop a model healthy and safe school water plan that may be used |
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| 32 | 32 | | by a school district to comply with this section. |
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| 33 | 33 | | (e) To the extent that funds are available to the agency for |
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| 34 | 34 | | the purpose, the agency shall develop a program under which the |
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| 35 | 35 | | agency reimburses a school district for testing lead concentrations |
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| 36 | 36 | | in water sources at the district. |
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| 37 | 37 | | SECTION 2. (a) Not later than December 31, 2019, the Texas |
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| 38 | 38 | | Education Agency shall develop the model healthy and safe school |
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| 39 | 39 | | water plan required by Section 38.039, Education Code, as added by |
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| 40 | 40 | | this Act. |
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| 41 | 41 | | (b) Not later than September 1, 2020, each school district |
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| 42 | 42 | | and open-enrollment charter school shall adopt a healthy and safe |
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| 43 | 43 | | school water plan as required by Section 38.039, Education Code, as |
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| 44 | 44 | | added by this Act, and Section 12.104(b)(2)(K), Education Code, as |
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| 45 | 45 | | applicable. |
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| 46 | 46 | | SECTION 3. This Act takes effect immediately if it receives |
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| 47 | 47 | | a vote of two-thirds of all the members elected to each house, as |
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| 48 | 48 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 49 | 49 | | Act does not receive the vote necessary for immediate effect, this |
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| 50 | 50 | | Act takes effect September 1, 2019. |
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