Texas 2023 - 88th 3rd C.S.

Texas House Bill HB42 Compare Versions

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Version 2 (New)

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1	1	88S30099 BDP-D
2	2	By: Gervin-Hawkins H.B. No. 42
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the adoption of a healthy and safe school water plan by
8	8	public schools.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 38, Education Code, is
11	11	amended by adding Section 38.041 to read as follows:
12	12	Sec. 38.041. HEALTHY AND SAFE SCHOOL WATER PLAN. (a) In
13	13	this section:
14	14	(1) "Actionable lead level" means a hazardous,
15	15	actionable concentration of lead in water, as determined by the
16	16	commission.
17	17	(2) "Commission" means the Texas Commission on
18	18	Environmental Quality.
19	19	(3) "Community water system" means a public water
20	20	system that supplies water to the same population year-round.
21	21	(4) "Water source" means any running water tap that is
22	22	used for drinking or food preparation.
23	23	(b) Each school district shall adopt a healthy and safe
24	24	school water plan in accordance with rules adopted by the agency
25	25	under Subsection (c) and with rules adopted by the commission under
26	26	Subsection (d). The plan must include provisions for:
27	27	(1) periodic testing for lead in school water sources
28	28	by a community water system; and
29	29	(2) reducing exposure to elevated levels of lead in
30	30	school water sources.
31	31	(c) The agency, in consultation with the commission, shall
32	32	adopt rules to provide guidance to school districts on the adoption
33	33	of a healthy and safe school water plan under this section. In
34	34	providing guidance to districts under this section, the agency must
35	35	provide procedures for:
36	36	(1) collaboration with community water systems to
37	37	conduct directed public education and lead monitoring at the school
38	38	district campuses the community water systems service; and
39	39	(2) the manner in which a school district:
40	40	(A) must comply with Subsection (f); and
41	41	(B) may be reimbursed under Subsection (i).
42	42	(d) The commission shall adopt rules in accordance with 40
43	43	C.F.R. Part 141 to provide guidance to community water systems and
44	44	school districts regarding:
45	45	(1) sampling and testing for lead in school water
46	46	sources;
47	47	(2) the minimum lead concentration determined by the
48	48	commission to be an actionable lead level;
49	49	(3) the procedure for disabling a water source with an
50	50	actionable lead level, as determined by the commission; and
51	51	(4) the means by which a community water system or
52	52	school district may reduce lead in school water sources, including
53	53	by installing filters and replacing fixtures and water lines.
54	54	(e) Each community water system, in accordance with
55	55	commission rules adopted under Subsection (d), shall:
56	56	(1) designate an employee to act as the point of
57	57	contact between the commission and school districts served by the
58	58	community water system;
59	59	(2) contact school districts served by the community
60	60	water system, if applicable, to coordinate water source testing in
61	61	the district;
62	62	(3) test each water source in school districts served
63	63	by the community water system for the presence of lead;
64	64	(4) maintain records for each water source in each
65	65	school district served by the community water system, including:
66	66	(A) the location of the water source; and
67	67	(B) the date and results of each test conducted
68	68	under Subdivision (3) for lead in the water source; and
69	69	(5) submit a copy of the records described by
70	70	Subdivision (4):
71	71	(A) to the commission not less than once every
72	72	four years; and
73	73	(B) to the school district once the testing of a
74	74	district campus water source has been completed.
75	75	(f) In the manner prescribed by the rules adopted by the
76	76	agency under Subsection (c), each school district shall:
77	77	(1) designate an employee to act as the point of
78	78	contact for the commission, the community water system, and the
79	79	public regarding testing for lead in school water sources;
80	80	(2) publish the information described by Subsection
81	81	(e)(5) on each district campus's Internet website not later than
82	82	the fifth business day after the date the district receives the
83	83	information;
84	84	(3) notify the parent or legal guardian of each
85	85	student enrolled in the district and each district employee of the
86	86	results of each test conducted under Subsection (e)(3); and
87	87	(4) maintain a copy of the records submitted to the
88	88	district by the community water system under Subsection (e)(5).
89	89	(g) In the event that a school water source is determined by
90	90	the commission to have an actionable lead level, the school
91	91	district shall:
92	92	(1) restrict access to the water source not later than
93	93	48 hours after learning the results under Subsection (e)(5); and
94	94	(2) continue to restrict access to the water source
95	95	until a subsequent test, conducted after appropriate lead abatement
96	96	efforts are made, indicates the lead concentration at the source to
97	97	be below the actionable lead level.
98	98	(h) A school district may elect to perform the duties
99	99	imposed on a community water system under Subsection (e)
100	100	independently of and without assistance from the community water
101	101	system.
102	102	(i) To the extent that state and federal funds, including
103	103	funding from the Infrastructure Investment and Jobs Act (Pub. L.
104	104	No. 117-58) and the Water Resources Development Act of 2016 (Pub. L.
105	105	No. 114-322, Title I, 130 Stat. 1632), are available to the agency
106	106	for the purpose, the agency in coordination with the commission
107	107	shall develop a grant program under which the agency reimburses a
108	108	school district or a community water system for taking the
109	109	following actions related to water sources in the district or a
110	110	district served by the community water system, as applicable:
111	111	(1) testing lead concentrations;
112	112	(2) mitigating contamination through lead abatement
113	113	efforts, including:
114	114	(A) identifying the source of the contamination;
115	115	(B) installing filtration systems; and
116	116	(C) temporarily replacing the water source with
117	117	bottled water or water from another source; and
118	118	(3) replacing affected fixtures.
119	119	SECTION 2. Not later than September 1, 2024, each school
120	120	district and open-enrollment charter school shall adopt a healthy
121	121	and safe school water plan as required by Section 38.041, Education
122	122	Code, as added by this Act, and Section 12.104(b)(3)(K), Education
123	123	Code, as applicable.
124	124	SECTION 3. This Act takes effect immediately if it receives
125	125	a vote of two-thirds of all the members elected to each house, as
126	126	provided by Section 39, Article III, Texas Constitution. If this
127	127	Act does not receive the vote necessary for immediate effect, this
128	128	Act takes effect on the 91st day after the last day of the
129	129	legislative session.