Bill Text: TX HB87 | 2021 | 87th Legislature 1st Special Session | Introduced
Bill Title: Relating to the adoption of a healthy and safe school water plan by public schools.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-07-07 - Filed [HB87 Detail]
Download: Texas-2021-HB87-Introduced.html
| 87S10028 MLH-D | ||
| By: Gervin-Hawkins | H.B. No. 87 | |
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| 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 38.038 to read as follows: | ||
| Sec. 38.038. 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, 2021, the Texas | ||
| Education Agency shall develop the model healthy and safe school | ||
| water plan required by Section 38.038, Education Code, as added by | ||
| this Act. | ||
| (b) Not later than September 1, 2022, each school district | ||
| and open-enrollment charter school shall adopt a healthy and safe | ||
| school water plan as required by Section 38.038, 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 on the 91st day after the last day of the | ||
| legislative session. | ||
