| 1 | 1 | | 88R4195 DIO-D |
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| 2 | 2 | | By: Gervin-Hawkins H.B. No. 1123 |
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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 38.041 to read as follows: |
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| 12 | 12 | | Sec. 38.041. HEALTHY AND SAFE SCHOOL WATER PLAN. (a) In |
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| 13 | 13 | | this section: |
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| 14 | 14 | | (1) "Commission" means the Texas Commission on |
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| 15 | 15 | | Environmental Quality. |
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| 16 | 16 | | (2) "Water source" means any running water tap that is |
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| 17 | 17 | | used for drinking or food preparation. |
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| 18 | 18 | | (b) Each school district shall adopt a healthy and safe |
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| 19 | 19 | | school water plan in accordance with rules adopted by the |
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| 20 | 20 | | commission under Subsection (c). The plan must include provisions |
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| 21 | 21 | | for: |
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| 22 | 22 | | (1) periodic testing for lead in school water sources; |
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| 23 | 23 | | and |
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| 24 | 24 | | (2) reducing exposure to elevated levels of lead in |
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| 25 | 25 | | school water sources. |
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| 26 | 26 | | (c) The commission shall adopt rules to provide guidance to |
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| 27 | 27 | | school districts on the adoption of a healthy and safe school water |
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| 28 | 28 | | plan under this section. The rules adopted must be at least as |
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| 29 | 29 | | protective as the technical guidance for reducing lead in drinking |
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| 30 | 30 | | water in schools developed by the United States Environmental |
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| 31 | 31 | | Protection Agency. |
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| 32 | 32 | | (d) If the results of a school water source test for lead |
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| 33 | 33 | | show elevated levels of lead, the school district must restrict |
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| 34 | 34 | | access to the water source within 48 hours of learning of the test |
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| 35 | 35 | | results. The district must determine and mitigate the source of the |
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| 36 | 36 | | lead contamination before access to the water source is returned to |
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| 37 | 37 | | normal. |
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| 38 | 38 | | (e) Each school district shall: |
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| 39 | 39 | | (1) maintain records for each water source in the |
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| 40 | 40 | | district, including: |
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| 41 | 41 | | (A) the location of the water source; and |
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| 42 | 42 | | (B) the date and results of each test conducted |
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| 43 | 43 | | under Subsection (b)(1) for lead in the water source; |
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| 44 | 44 | | (2) submit a copy of the records described by |
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| 45 | 45 | | Subdivision (1) to the commission not less than once every four |
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| 46 | 46 | | years; and |
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| 47 | 47 | | (3) post the information described by Subdivision (1) |
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| 48 | 48 | | on the district's Internet website. |
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| 49 | 49 | | (f) Each school district shall notify the parent or legal |
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| 50 | 50 | | guardian of each student enrolled in the district and each district |
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| 51 | 51 | | employee of: |
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| 52 | 52 | | (1) the results of each test conducted under |
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| 53 | 53 | | Subsection (b)(1) for lead in a school water source not later than |
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| 54 | 54 | | 24 hours after learning of the test results; and |
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| 55 | 55 | | (2) the accessibility of information regarding school |
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| 56 | 56 | | water source tests on the district's Internet website at least once |
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| 57 | 57 | | each school year. |
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| 58 | 58 | | (g) Each school district shall designate an employee to act |
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| 59 | 59 | | as the point of contact for the commission and the public regarding |
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| 60 | 60 | | testing for lead in school water sources under this section. |
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| 61 | 61 | | (h) The agency, in collaboration with the commission, the |
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| 62 | 62 | | Department of State Health Services, regional education service |
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| 63 | 63 | | centers, and other stakeholders, shall develop a model healthy and |
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| 64 | 64 | | safe school water plan that may be used by a school district to |
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| 65 | 65 | | comply with this section. |
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| 66 | 66 | | (i) To the extent that funds are available to the agency for |
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| 67 | 67 | | the purpose, the agency shall develop a program under which the |
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| 68 | 68 | | agency reimburses a school district for testing lead concentrations |
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| 69 | 69 | | in water sources at the district. |
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| 70 | 70 | | SECTION 2. (a) Not later than December 31, 2023, the Texas |
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| 71 | 71 | | Education Agency shall develop the model healthy and safe school |
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| 72 | 72 | | water plan required by Section 38.041, Education Code, as added by |
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| 73 | 73 | | this Act. |
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| 74 | 74 | | (b) Not later than September 1, 2024, each school district |
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| 75 | 75 | | and open-enrollment charter school shall adopt a healthy and safe |
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| 76 | 76 | | school water plan as required by Section 38.041, Education Code, as |
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| 77 | 77 | | added by this Act, and Section 12.104(b)(3)(K), Education Code, as |
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| 78 | 78 | | applicable. |
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| 79 | 79 | | SECTION 3. This Act takes effect immediately if it receives |
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| 80 | 80 | | a vote of two-thirds of all the members elected to each house, as |
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| 81 | 81 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 82 | 82 | | Act does not receive the vote necessary for immediate effect, this |
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| 83 | 83 | | Act takes effect September 1, 2023. |
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