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A BILL TO BE ENTITLED
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AN ACT
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relating to the adoption of a healthy and safe school water plan by |
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public schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 38, Education Code, is |
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amended by adding Section 38.041 to read as follows: |
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Sec. 38.041. HEALTHY AND SAFE SCHOOL WATER PLAN. (a) In |
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this section: |
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(1) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(2) "Water source" means any running water tap that is |
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used for drinking or food preparation. |
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(b) Each school district shall adopt a healthy and safe |
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school water plan in accordance with rules adopted by the |
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commission under Subsection (c). The plan must include provisions |
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for: |
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(1) periodic testing for lead in school water sources; |
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and |
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(2) reducing exposure to elevated levels of lead in |
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school water sources. |
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(c) The commission shall adopt rules to provide guidance to |
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school districts on the adoption of a healthy and safe school water |
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plan under this section. The rules adopted must be at least as |
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protective as the technical guidance for reducing lead in drinking |
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water in schools developed by the United States Environmental |
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Protection Agency. |
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(d) If the results of a school water source test for lead |
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show elevated levels of lead, the school district must restrict |
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access to the water source within 48 hours of learning of the test |
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results. The district must determine and mitigate the source of the |
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lead contamination before access to the water source is returned to |
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normal. |
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(e) Each school district shall: |
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(1) maintain records for each water source in the |
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district, including: |
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(A) the location of the water source; and |
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(B) the date and results of each test conducted |
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under Subsection (b)(1) for lead in the water source; |
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(2) submit a copy of the records described by |
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Subdivision (1) to the commission not less than once every four |
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years; and |
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(3) post the information described by Subdivision (1) |
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on the district's Internet website. |
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(f) Each school district shall notify the parent or legal |
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guardian of each student enrolled in the district and each district |
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employee of: |
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(1) the results of each test conducted under |
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Subsection (b)(1) for lead in a school water source not later than |
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24 hours after learning of the test results; and |
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(2) the accessibility of information regarding school |
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water source tests on the district's Internet website at least once |
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each school year. |
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(g) Each school district shall designate an employee to act |
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as the point of contact for the commission and the public regarding |
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testing for lead in school water sources under this section. |
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(h) The agency, in collaboration with the commission, the |
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Department of State Health Services, regional education service |
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centers, and other stakeholders, shall develop a model healthy and |
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safe school water plan that may be used by a school district to |
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comply with this section. |
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(i) To the extent that funds are available to the agency for |
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the purpose, the agency shall develop a program under which the |
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agency reimburses a school district for testing lead concentrations |
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in water sources at the district. |
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SECTION 2. (a) Not later than December 31, 2023, the Texas |
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Education Agency shall develop the model healthy and safe school |
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water plan required by Section 38.041, Education Code, as added by |
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this Act. |
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(b) Not later than September 1, 2024, each school district |
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and open-enrollment charter school shall adopt a healthy and safe |
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school water plan as required by Section 38.041, Education Code, as |
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added by this Act, and Section 12.104(b)(3)(K), Education Code, as |
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applicable. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |