Texas 2019 - 86th Regular

Texas House Bill HB997 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~86R19865 MP~~-F
	1	+	86R4189 SLB-F
2	2		By: Collier H.B. No. 997
3		-	Substitute the following for H.B. No. 997:
4		-	By: Allen C.S.H.B. No. 997
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to testing for lead contamination in public school
10	8		drinking water.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12		-	SECTION 1. Subchapter A, Chapter 38, Education Code, is
13		-	amended by adding Section 38.039 to read as follows:
14		-	Sec. 38.039. REQUIRED TESTING FOR LEAD CONTAMINATION IN
	10	+	SECTION 1. Subchapter C, Chapter 341, Health and Safety
	11	+	Code, is amended by adding Sections 341.0317 and 341.0318 to read as
	12	+	follows:
	13	+	Sec. 341.0317. REQUIRED TESTING FOR LEAD CONTAMINATION IN
15	14		PUBLIC SCHOOL DRINKING WATER. (a) In this section:
16	15		(1) "First-draw tap test" means a water sample
17	16		collected and tested in the manner prescribed by the federal
18	17		monitoring requirements for lead and copper in tap water under 40
19	18		C.F.R. Section 141.86(b).
20		-	(2) "Safe Drinking Water Act" means the federal Safe
	19	+	(2) "Open-enrollment charter school" means a school
	20	+	that has been granted a charter under Subchapter D, Chapter 12,
	21	+	Education Code.
	22	+	(3) "Safe Drinking Water Act" means the federal Safe
21	23		Drinking Water Act (42 U.S.C. Section 300f et seq.).
	24	+	(4) "School district" means an independent school
	25	+	district.
22	26		(b) In addition to any water test required by the Safe
23	27		Drinking Water Act, each school district and open-enrollment
24	28		charter school shall conduct first-draw tap tests of potable water
25	29		outlets every five years, before the start of the school year, to
26	30		monitor the amount of lead in the water in each occupied school
27		-	building under the jurisdiction of the district or school. The
28		-	district or school shall perform the first-draw tap test as
29		-	required by this section by using existing qualified personnel or
30		-	through a third party.
	31	+	building under the jurisdiction of the school district or
	32	+	open-enrollment charter school. The school district or
	33	+	open-enrollment charter school shall perform the first-draw tap
	34	+	test as required by this section by using existing qualified
	35	+	personnel or through a third party.
31	36		(c) If a person conducting a first-draw tap test determines
32	37		that the amount of lead in a potable water outlet of a school
33	38		building exceeds the level of lead considered safe for human
34		-	consumption as established by rules adopted under Subsection (h),
	39	+	consumption as established by rules adopted under Subsection (f),
35	40		the affected school district or open-enrollment charter school
36	41		shall prevent the use of the potable water outlet until:
37		-	(1) the district or ~~school implements a lead~~
38		-	remediation plan designed to lower the ~~level of lead in the potable~~
39		-	water outlet; and
	42	+	(1) the school district or open-enrollment charter
	43	+	school implements a lead remediation plan designed to lower the
	44	+	level of lead in the potable water outlet; and
40	45		(2) tests confirm the water in the potable water
41	46		outlet is safe for human consumption.
42	47		(d) A school district or open-enrollment charter school is
43	48		not required to conduct a first-draw tap test on a water outlet
44	49		under this section if the outlet is located in a school building
45	50		that is lead free, as defined by the Safe Drinking Water Act (42
46	51		U.S.C. Section 300g-6).
47	52		(e) A school district or open-enrollment charter school is
48	53		not required to conduct the first-draw tap tests under this section
49		-	if the district or school has fewer than 1,000 students and is
50		-	unable to secure funding for the tests from grants or donations.
51		-	(f) Each school district and open-enrollment charter school
52		-	that conducts lead testing under this section shall make the test
53		-	results and any lead remediation plan available to the public by:
54		-	(1) posting the information on the district's or
55		-	school's Internet website; or
56		-	(2) any other method the district or school considers
57		-	appropriate.
58		-	(g) Each school district and open-enrollment charter school
	54	+	if the school district or open-enrollment charter school has fewer
	55	+	than 1,000 students and the school district or open-enrollment
	56	+	charter school is unable to secure funding for the tests from grants
	57	+	or donations.
	58	+	(f) The commission, in consultation with the commissioner
	59	+	of education, shall adopt rules to implement this section,
	60	+	including rules to establish the level of lead in drinking water
	61	+	that is considered safe for human consumption. The rules adopted
	62	+	under this section must be consistent with the requirements for
	63	+	school districts or open-enrollment charter schools that are
	64	+	classified as a public water system under the Safe Drinking Water
	65	+	Act.
	66	+	Sec. 341.0318. RESULTS OF TESTING FOR LEAD CONTAMINATION IN
	67	+	PUBLIC SCHOOL DRINKING WATER; REPORT. (a) In this section,
	68	+	"first-draw tap test," "open-enrollment charter school," and
	69	+	"school district" have the meanings assigned by Section 341.0317.
	70	+	(b) Each school district and open-enrollment charter school
	71	+	that conducts lead testing under Section 341.0317 shall make the
	72	+	test results and any lead remediation plan available to the public
	73	+	by:
	74	+	(1) posting the information on the Internet website of
	75	+	the school district or open-enrollment charter school; or
	76	+	(2) any other method the school district or
	77	+	open-enrollment charter school considers appropriate.
	78	+	(c) Each school district and open-enrollment charter school
59	79		shall:
60	80		(1) submit the information described by Subsection
61		-	(f), in a format approved by the ~~agency~~, to each local health
	81	+	(b), in a format approved by the commission, to each local health
62	82		authority with jurisdiction in the municipality or county in which
63		-	the district or school is located; and
	83	+	the school district or open-enrollment charter school is located;
	84	+	and
64	85		(2) maintain a record of the information submitted
65	86		under Subdivision (1) for a period not less than 12 years from the
66	87		date the information was submitted.
67		-	(h) The commissioner, in consultation with the Texas
68		-	Commission on Environmental Quality, shall adopt rules to implement
69		-	this section, including rules to establish the level of lead in
70		-	drinking water that is considered safe for human consumption. The
71		-	rules adopted under this section must be consistent with the
72		-	requirements for school districts or open-enrollment charter
73		-	schools that are classified as a public water system under the Safe
74		-	Drinking Water Act.
75		-	SECTION 2. (a) Except as provided by Subsection (b) of
76		-	this section, this Act applies beginning with the 2020-2021 school
77		-	year.
	88	+	SECTION 2. (a) Except as provided by Subsection (b) of this
	89	+	section, this Act applies beginning with the 2020-2021 school year.
78	90		(b) A school district or open-enrollment charter school
79	91		that has completed first-draw tap tests of potable water outlets
80	92		during the 36-month period preceding the effective date of this Act
81	93		shall comply with this Act beginning with the 2022-2023 school
82	94		year.
83		-	SECTION 3. This Act takes effect ~~September~~ 1, 2019.
	95	+	SECTION 3. This Act takes effect December 1, 2019.