Bill Text: TX HB335 | 2017 | 85th Legislature 1st Special Session | Introduced


Bill Title: Relating to testing for lead contamination in public school drinking water.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2017-08-08 - Left pending in committee [HB335 Detail]

Download: Texas-2017-HB335-Introduced.html
 
 
  By: Collier H.B. No. 335
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to testing for lead contamination in public school
  drinking water.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 341, Health and Safety
  Code, is amended by adding Sections 341.0317 and 341.0318 to read as
  follows:
         Sec. 341.0317.  REQUIRED TESTING FOR LEAD CONTAMINATION IN
  PUBLIC SCHOOL DRINKING WATER.  (a)  In this section:
               (1)  "First-draw tap test" means a water sample
  collected and tested in the manner prescribed by the federal
  monitoring requirements for lead and copper in tap water under 40
  C.F.R. Section 141.86(b).
               (2)  "Open-enrollment charter school" means a school
  that has been granted a charter under Subchapter D, Chapter 12,
  Education Code.
               (3)  "Safe Drinking Water Act" means the federal Safe
  Drinking Water Act (42 U.S.C. Section 300f et seq.).
               (4)  "School district" means any independent school
  district.
         (b)  In addition to any water test required by the Safe
  Drinking Water Act, each school district and open-enrollment
  charter school shall conduct first-draw tap tests of potable water
  outlets every five years, before the start of the school year, to
  monitor the amount of lead in the water in each occupied school
  building under the jurisdiction of the school district or
  open-enrollment charter school.  The school district or
  open-enrollment charter school shall perform the first-draw tap
  test as required by this section by using existing qualified
  personnel or through a third party.
         (c)  If a person conducting a first-draw tap test determines
  that the amount of lead in a potable water outlet of a school
  building exceeds the level of lead considered safe for human
  consumption as established by rules adopted under Subsection (f),
  the affected school district or open-enrollment charter school
  shall:
               (1)  continue weekly first-draw tap tests of the
  building's potable water outlet under this section until three
  consecutive weekly tests confirm the water is safe for human
  consumption; and
               (2)  provide the occupants of the building with an
  adequate supply of safe, potable drinking water until future tests
  indicate lead levels in the water are safe for human consumption.
         (d)  A school district or open-enrollment charter school is
  not required to conduct a first-draw tap test on a water outlet
  under this section if the outlet is located in a school building
  that is lead free, as defined by the Safe Drinking Water Act (42
  U.S.C. Section 300g-6).
         (e)  A school district or open-enrollment charter school is
  not required to conduct the first-draw tap tests under this section
  if the school district or open-enrollment charter school has fewer
  than 1,000 students and the school district or open-enrollment
  charter school is unable to secure funding for the tests from grants
  or donations.
         (f)  The commission, in consultation with the commissioner
  of education, shall adopt rules to implement this section,
  including rules to establish the level of lead in drinking water
  that is considered safe for human consumption.  The rules adopted
  under this section must be consistent with the requirements for
  school districts or open-enrollment charter schools that are
  classified as a public water system under the Safe Drinking Water
  Act.
         Sec. 341.0318.  RESULTS OF TESTING FOR LEAD CONTAMINATION IN
  PUBLIC SCHOOL DRINKING WATER; REPORT.  (a)  In this section,
  "first-draw tap test," "open-enrollment charter school," and
  "school district" have the meanings assigned by Section 341.0317.
         (b)  Each school district and open-enrollment charter school
  that conducts lead testing under Section 341.0317 shall make the
  test results and any lead remediation plan available to the public
  by:
               (1)  posting the information on the Internet website of
  the school district or open-enrollment charter school; or
               (2)  any other method the school district or
  open-enrollment charter school considers appropriate.
         (c)  Each school district and open-enrollment charter school
  shall submit the information described by Subsection (b), in a
  format approved by the commission, to:
               (1)  each local health authority with jurisdiction in
  the municipality or county in which the school district or
  open-enrollment charter school is located and maintain a public
  record of the findings for 12 years from the date received.
         SECTION 2.  (a)  Except as provided by Subsection (b) of
  this section, this Act applies
  beginning with the 2018-2019 school
  year.
         (b)  A school district or open-enrollment charter school
  that has completed first-draw tap tests of potable water outlets
  during the 36-month period preceding the effective date of this Act
  shall comply with this Act beginning with the 2020-2021 school
  year.
         SECTION 3.  This Act takes effect December 1, 2017.
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