Bill Text: TX HB2395 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to testing for lead contamination in public school drinking water.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2017-05-03 - Committee report sent to Calendars [HB2395 Detail]
Download: Texas-2017-HB2395-Comm_Sub.html
| 85R26377 SLB-F | |||
| By: Collier, Koop, Capriglione | H.B. No. 2395 | ||
| Substitute the following for H.B. No. 2395: | |||
| By: Bernal | C.S.H.B. No. 2395 | ||
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| 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) the commission; and | ||
| (2) each local health authority with jurisdiction in | ||
| the municipality or county in which the school district or | ||
| open-enrollment charter school is located. | ||
| (d) Not later than December 1 of each even-numbered year, | ||
| the commission shall submit to the governor, the lieutenant | ||
| governor, the speaker of the house of representatives, and each | ||
| member of the legislature a report that includes the findings from | ||
| the first-draw tap tests conducted under Section 341.0317. | ||
| 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 September 1, 2017. | ||
