88R4195 DIO-D
By: Gervin-Hawkins H.B. No. 1123
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 38.041 to read as follows:
Sec. 38.041. HEALTHY AND SAFE SCHOOL WATER PLAN. (a) In
this section:
(1) "Commission" means the Texas Commission on
Environmental Quality.
(2) "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 in accordance with rules adopted by the
commission under Subsection (c). 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) The commission shall adopt rules to provide guidance to
school districts on the adoption of a healthy and safe school water
plan under this section. The rules adopted must be at least as
protective as the technical guidance for reducing lead in drinking
water in schools developed by the United States Environmental
Protection Agency.
(d) If the results of a school water source test for lead
show elevated levels of lead, 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 before access to the water source is returned to
normal.
(e) Each school district shall:
(1) maintain records for each water source in the
district, including:
(A) the location of the water source; and
(B) the date and results of each test conducted
under Subsection (b)(1) for lead in the water source;
(2) submit a copy of the records described by
Subdivision (1) to the commission not less than once every four
years; and
(3) post the information described by Subdivision (1)
on the district's Internet website.
(f) Each school district shall notify the parent or legal
guardian of each student enrolled in the district and each district
employee of:
(1) the results of each test conducted under
Subsection (b)(1) for lead in a school water source not later than
24 hours after learning of the test results; and
(2) the accessibility of information regarding school
water source tests on the district's Internet website at least once
each school year.
(g) Each school district shall designate an employee to act
as the point of contact for the commission and the public regarding
testing for lead in school water sources under this section.
(h) The agency, in collaboration with the commission, 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.
(i) 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, 2023, the Texas
Education Agency shall develop the model healthy and safe school
water plan required by Section 38.041, Education Code, as added by
this Act.
(b) Not later than September 1, 2024, each school district
and open-enrollment charter school shall adopt a healthy and safe
school water plan as required by Section 38.041, Education Code, as
added by this Act, and Section 12.104(b)(3)(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, 2023.