86R14320 MP-D
By: Gervin-Hawkins H.B. No. 3053
A BILL TO BE ENTITLED
AN ACT
relating to the adoption of a healthy and safe school water plan by
public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 38, Education Code, is
amended by adding Section 38.039 to read as follows:
Sec. 38.039. HEALTHY AND SAFE SCHOOL WATER PLAN. (a) In
this section, "water source" means any running water tap that is
used for drinking or food preparation.
(b) Each school district shall adopt a healthy and safe
school water plan. The plan must include provisions for:
(1) periodic testing for lead in school water sources;
and
(2) reducing exposure to elevated levels of lead in
school water sources.
(c) If the results of a school water source test for lead
show a level of lead that exceeds 15 parts per billion, the school
district must restrict access to the water source within 48 hours of
learning of the test results. The district must determine and
mitigate the source of the lead contamination, and a subsequent
test for lead must show a level of lead below 15 parts per billion
before access to the water source is returned to normal.
(d) The agency, in collaboration with the Texas Commission
on Environmental Quality, the Department of State Health Services,
regional education service centers, and other stakeholders, shall
develop a model healthy and safe school water plan that may be used
by a school district to comply with this section.
(e) To the extent that funds are available to the agency for
the purpose, the agency shall develop a program under which the
agency reimburses a school district for testing lead concentrations
in water sources at the district.
SECTION 2. (a) Not later than December 31, 2019, the Texas
Education Agency shall develop the model healthy and safe school
water plan required by Section 38.039, Education Code, as added by
this Act.
(b) Not later than September 1, 2020, each school district
and open-enrollment charter school shall adopt a healthy and safe
school water plan as required by Section 38.039, Education Code, as
added by this Act, and Section 12.104(b)(2)(K), Education Code, as
applicable.
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, 2019.