Texas 2021 - 87th Regular

Texas House Bill HB605 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~87R18612~~ MLH-D
	1	+	87R3566 MLH-D
2	2		By: Gervin-Hawkins H.B. No. 605
3		-	Substitute the following for H.B. No. 605:
4		-	By: Dutton C.S.H.B. No. 605
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the adoption of a healthy and safe school water plan by
10	8		public schools.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Subchapter A, Chapter 38, Education Code, is
13	11		amended by adding Section 38.038 to read as follows:
14	12		Sec. 38.038. HEALTHY AND SAFE SCHOOL WATER PLAN. (a) In
15		-	this section:
16		-	(1) "Commission" means the Texas Commission on
17		-	Environmental Quality.
18		-	(2) "Water source" means any running water tap that is
	13	+	this section, "water source" means any running water tap that is
19	14		used for drinking or food preparation.
20	15		(b) Each school district shall adopt a healthy and safe
21		-	school water plan in accordance with rules adopted by the
22		-	commission under Subsection (c). The plan must include provisions
23		-	for:
	16	+	school water plan. The plan must include provisions for:
24	17		(1) periodic testing for lead in school water sources;
25	18		and
26	19		(2) reducing exposure to elevated levels of lead in
27	20		school water sources.
28		-	(c) The commission shall adopt rules to provide guidance to
29		-	school districts on the adoption of a healthy and safe school water
30		-	plan under this section. The rules adopted must be at least as
31		-	protective as the technical guidance for reducing lead in drinking
32		-	water in schools developed by the United States Environmental
33		-	Protection Agency.
34		-	(d) If the results of a school water source test for lead
35		-	show elevated levels of lead, the school district must restrict
36		-	access to the water source within 48 hours of learning of the test
37		-	results. The district must determine and mitigate the source of the
38		-	lead contamination before access to the water source is returned to
39		-	normal.
40		-	(e) Each school district shall:
41		-	(1) maintain records for each water source in the
42		-	district, including:
43		-	(A) the location of the water source; and
44		-	(B) the date and results of each test conducted
45		-	under Subsection (b)(1) for lead in the water source;
46		-	(2) submit a copy of the records described by
47		-	Subdivision (1) to the commission not less than once every four
48		-	years; and
49		-	(3) post the information described by Subdivision (1)
50		-	on the district's Internet website.
51		-	(f) Each school district shall notify the parent or legal
52		-	guardian of each student enrolled in the district and each district
53		-	employee of:
54		-	(1) the results of each test conducted under
55		-	Subsection (b)(1) for lead in a school water source not later than
56		-	24 hours after learning of the test results; and
57		-	(2) the accessibility of information regarding school
58		-	water source tests on the district's Internet website at least once
59		-	each school year.
60		-	(g) Each school district shall designate an employee to act
61		-	as the point of contact for the commission and the public regarding
62		-	testing for lead in school water sources under this section.
63		-	(h) The agency, in collaboration with the commission, the
64		-	Department of State Health Services, regional education service
65		-	centers, and other stakeholders, shall develop a model healthy and
66		-	safe school water plan that may be used by a school district to
67		-	comply with this section.
68		-	(i) To the extent that funds are available to the agency for
	21	+	(c) If the results of a school water source test for lead
	22	+	show a level of lead that exceeds 15 parts per billion, the school
	23	+	district must restrict access to the water source within 48 hours of
	24	+	learning of the test results. The district must determine and
	25	+	mitigate the source of the lead contamination, and a subsequent
	26	+	test for lead must show a level of lead below 15 parts per billion
	27	+	before access to the water source is returned to normal.
	28	+	(d) The agency, in collaboration with the Texas Commission
	29	+	on Environmental Quality, the Department of State Health Services,
	30	+	regional education service centers, and other stakeholders, shall
	31	+	develop a model healthy and safe school water plan that may be used
	32	+	by a school district to comply with this section.
	33	+	(e) To the extent that funds are available to the agency for
69	34		the purpose, the agency shall develop a program under which the
70	35		agency reimburses a school district for testing lead concentrations
71	36		in water sources at the district.
72	37		SECTION 2. (a) Not later than December 31, 2021, the Texas
73	38		Education Agency shall develop the model healthy and safe school
74	39		water plan required by Section 38.038, Education Code, as added by
75	40		this Act.
76	41		(b) Not later than September 1, 2022, each school district
77	42		and open-enrollment charter school shall adopt a healthy and safe
78	43		school water plan as required by Section 38.038, Education Code, as
79	44		added by this Act, and Section 12.104(b)(3)(K), Education Code, as
80	45		applicable.
81	46		SECTION 3. This Act takes effect immediately if it receives
82	47		a vote of two-thirds of all the members elected to each house, as
83	48		provided by Section 39, Article III, Texas Constitution. If this
84	49		Act does not receive the vote necessary for immediate effect, this
85	50		Act takes effect September 1, 2021.