| 1 | 1 | | 87R230 MP-F |
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| 2 | 2 | | By: Collier H.B. No. 303 |
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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 testing for lead contamination in public school |
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| 8 | 8 | | drinking water. |
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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 38.037 to read as follows: |
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| 12 | 12 | | Sec. 38.037. REQUIRED TESTING FOR LEAD CONTAMINATION IN |
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| 13 | 13 | | PUBLIC SCHOOL DRINKING WATER. (a) In this section: |
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| 14 | 14 | | (1) "First-draw tap test" means a water sample |
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| 15 | 15 | | collected and tested in the manner prescribed by the federal |
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| 16 | 16 | | monitoring requirements for lead and copper in tap water under 40 |
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| 17 | 17 | | C.F.R. Section 141.86(b). |
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| 18 | 18 | | (2) "Safe Drinking Water Act" means the federal Safe |
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| 19 | 19 | | Drinking Water Act (42 U.S.C. Section 300f et seq.). |
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| 20 | 20 | | (b) In addition to any water test required by the Safe |
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| 21 | 21 | | Drinking Water Act, each school district and open-enrollment |
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| 22 | 22 | | charter school shall conduct first-draw tap tests of potable water |
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| 23 | 23 | | outlets every five years, before the start of the school year, to |
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| 24 | 24 | | monitor the amount of lead in the water in each occupied school |
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| 25 | 25 | | building under the jurisdiction of the district or school. The |
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| 26 | 26 | | district or school shall perform the first-draw tap test as |
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| 27 | 27 | | required by this section by using existing qualified personnel or |
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| 28 | 28 | | through a third party. |
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| 29 | 29 | | (c) If a person conducting a first-draw tap test determines |
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| 30 | 30 | | that the amount of lead in a potable water outlet of a school |
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| 31 | 31 | | building exceeds the level of lead considered safe for human |
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| 32 | 32 | | consumption as established by rules adopted under Subsection (h), |
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| 33 | 33 | | the affected school district or open-enrollment charter school |
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| 34 | 34 | | shall prevent the use of the potable water outlet until: |
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| 35 | 35 | | (1) the district or school implements a lead |
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| 36 | 36 | | remediation plan designed to lower the level of lead in the potable |
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| 37 | 37 | | water outlet; and |
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| 38 | 38 | | (2) tests confirm the water in the potable water |
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| 39 | 39 | | outlet is safe for human consumption. |
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| 40 | 40 | | (d) A school district or open-enrollment charter school is |
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| 41 | 41 | | not required to conduct a first-draw tap test on a water outlet |
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| 42 | 42 | | under this section if the outlet is located in a school building |
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| 43 | 43 | | that is lead free, as defined by the Safe Drinking Water Act (42 |
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| 44 | 44 | | U.S.C. Section 300g-6). |
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| 45 | 45 | | (e) A school district or open-enrollment charter school is |
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| 46 | 46 | | not required to conduct the first-draw tap tests under this section |
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| 47 | 47 | | if the district or school has fewer than 1,000 students and is |
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| 48 | 48 | | unable to secure funding for the tests from grants or donations. |
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| 49 | 49 | | (f) Each school district and open-enrollment charter school |
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| 50 | 50 | | that conducts lead testing under this section shall make the test |
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| 51 | 51 | | results and any lead remediation plan available to the public by: |
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| 52 | 52 | | (1) posting the information on the district's or |
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| 53 | 53 | | school's Internet website; or |
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| 54 | 54 | | (2) any other method the district or school considers |
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| 55 | 55 | | appropriate. |
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| 56 | 56 | | (g) Each school district and open-enrollment charter school |
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| 57 | 57 | | shall: |
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| 58 | 58 | | (1) submit the information described by Subsection |
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| 59 | 59 | | (f), in a format approved by the agency, to each local health |
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| 60 | 60 | | authority with jurisdiction in the municipality or county in which |
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| 61 | 61 | | the district or school is located; and |
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| 62 | 62 | | (2) maintain a record of the information submitted |
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| 63 | 63 | | under Subdivision (1) for not less than 12 years from the date the |
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| 64 | 64 | | information was submitted. |
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| 65 | 65 | | (h) The commissioner, in consultation with the Texas |
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| 66 | 66 | | Commission on Environmental Quality, shall adopt rules to implement |
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| 67 | 67 | | this section, including rules to establish the level of lead in |
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| 68 | 68 | | drinking water that is considered safe for human consumption. The |
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| 69 | 69 | | rules adopted under this section must be consistent with the |
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| 70 | 70 | | requirements for school districts or open-enrollment charter |
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| 71 | 71 | | schools that are classified as a public water system under the Safe |
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| 72 | 72 | | Drinking Water Act. |
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| 73 | 73 | | SECTION 2. (a) Except as provided by Subsection (b) of |
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| 74 | 74 | | this section, this Act applies beginning with the 2022-2023 school |
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| 75 | 75 | | year. |
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| 76 | 76 | | (b) A school district or open-enrollment charter school |
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| 77 | 77 | | that has completed first-draw tap tests of potable water outlets |
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| 78 | 78 | | during the 36-month period preceding the effective date of this Act |
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| 79 | 79 | | shall comply with this Act beginning with the 2024-2025 school |
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| 80 | 80 | | year. |
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| 81 | 81 | | SECTION 3. This Act takes effect September 1, 2021. |
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