By:  Yarbrough                                        H.B. No. 1071
       73R2923 CAG-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to performance standards for certain plumbing fixtures and
    1-3  related labeling requirements.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Sections 372.001 and 372.002, Health and Safety
    1-6  Code, are amended to read as follows:
    1-7        Sec. 372.001.  Definitions.  In this chapter:
    1-8              (1)  "Board" means the Texas State Board of Plumbing
    1-9  Examiners <Natural Resource Conservation Commission>.
   1-10              (2)  "Code" means the Uniform Plumbing Code or the
   1-11  Southern Standard Plumbing Code, as amended <"Commissioner" means
   1-12  the executive director of the Texas Natural Resource Conservation
   1-13  Commission>.
   1-14              (3)  <"Department" means the Texas Natural Resource
   1-15  Conservation Commission.>
   1-16              <(4)>  "Plumbing fixture" means a sink faucet, lavatory
   1-17  faucet, faucet aerator, shower head, urinal, toilet, flush valve
   1-18  toilet, or drinking water fountain.
   1-19              (4) <(5)>  "Toilet" means a toilet or water closet
   1-20  except a wall-mounted toilet that employs a flushometer or flush
   1-21  valve.
   1-22        Sec. 372.002.  Water Saving Performance Standards.  (a)  A
   1-23  person may not sell, offer for sale, distribute, or import into
   1-24  this state a plumbing fixture for use in this state unless<:>
    2-1              <(1)>  the plumbing fixture meets the water saving
    2-2  performance standards provided by Subsection (b)<; and>
    2-3              <(2)  the plumbing fixture is listed by the department
    2-4  under Subsection (c)>.
    2-5        (b)  The <water saving> performance standards for a plumbing
    2-6  fixture are those established by the American National Standards
    2-7  Institute or the following standards, whichever are more
    2-8  restrictive:
    2-9              (1)  for a sink or lavatory faucet or a faucet aerator,
   2-10  maximum flow may not exceed 2.2 gallons of water per minute at a
   2-11  pressure of 60 pounds per square inch when tested according to
   2-12  testing procedures adopted by the board;
   2-13              (2)  for a shower head, maximum flow may not exceed
   2-14  2.75 gallons of water per minute at a constant pressure over 80
   2-15  pounds per square inch when tested according to testing procedures
   2-16  adopted by the board;
   2-17              (3)  for a urinal and the associated flush valve, if
   2-18  any, maximum flow may not exceed an average of one gallon of water
   2-19  per flushing when tested according to the hydraulic performance
   2-20  requirements adopted by the board;
   2-21              (4)  for a toilet, maximum flow may not exceed an
   2-22  average of 1.6 gallons of water per flushing when tested according
   2-23  to the hydraulic performance requirements adopted by the board;
   2-24              (5)  for a wall-mounted toilet that employs a
   2-25  flushometer or flush valve, maximum flow may not exceed an average
   2-26  of two gallons of water per flushing or the flow rate established
   2-27  by the American National Standards Institute for low-consumption
    3-1  <ultra-low> flush toilets, whichever is lower; and
    3-2              (6)  a drinking water fountain must be self-closing.
    3-3        (c)  The board shall make and maintain a current list of
    3-4  plumbing fixtures that are certified to the board by the
    3-5  manufacturer or importer to meet the water saving performance
    3-6  standards established by Subsection (b).  To have a plumbing
    3-7  fixture included on the list, a manufacturer or importer must
    3-8  supply to the board <department>, in the form prescribed by the
    3-9  board <department>, the identification and the performance
   3-10  specifications of the plumbing fixture.  The board <department> may
   3-11  test a listed fixture to determine the accuracy of the
   3-12  manufacturer's or importer's certification and shall remove from
   3-13  the list a fixture the board finds to be inaccurately certified.
   3-14        (d)  The board <department> may assess against a manufacturer
   3-15  or an importer a reasonable fee for an inspection of a product to
   3-16  determine the accuracy of the manufacturer's or importer's
   3-17  certification in an amount determined by the board to cover the
   3-18  expenses incurred in the administration of this chapter.  A fee
   3-19  received by the board <department> under this subsection shall be
   3-20  deposited in the state treasury to the credit of the plumbing
   3-21  examiners fund 077 <department> and may be used only for the
   3-22  administration of this chapter.
   3-23        (e)  The board <and the department> shall, to the extent
   3-24  appropriate and practical, employ the standards designated American
   3-25  National Standards by the American National Standards Institute in
   3-26  determining or evaluating performance standards or testing
   3-27  procedures under this chapter.
    4-1        (f)  This section does not apply to:
    4-2              (1)  a plumbing fixture that has been ordered by or is
    4-3  in the inventory of a building contractor or a wholesaler or
    4-4  retailer of plumbing fixtures on January 1, 1992;
    4-5              (2)  a fixture, such as a safety shower or aspirator
    4-6  faucet, that, because of the fixture's specialized function, cannot
    4-7  meet the standards provided by this section; or
    4-8              (3)  a fixture originally installed before January 1,
    4-9  1992, that is removed and reinstalled in the same building on or
   4-10  after that date on the same water supply line and wastewater drain
   4-11  line if the renovation cost does not exceed 51 percent of the
   4-12  appraised value of the building<; or>
   4-13              <(4)  a fixture imported only for use at the importer's
   4-14  domicile>.
   4-15        SECTION 2.  Sections 372.003(c) and (d), Health and Safety
   4-16  Code, are amended to read as follows:
   4-17        (c)  The board by rule shall prohibit the sale, offering for
   4-18  sale, distribution, or importation into this state of a new
   4-19  commercial or residential clothes-washing machine, dish-washing
   4-20  machine, or lawn sprinkler unless<:>
   4-21              <(1)  the manufacturer has furnished to the department,
   4-22  in the form prescribed by the department, the identification and
   4-23  performance specifications of the device; and>
   4-24              <(2)>  the clothes-washing or dish-washing machine or
   4-25  lawn sprinkler is labeled in accordance with rules adopted by the
   4-26  board with a statement that describes the device's water use
   4-27  characteristics.
    5-1        (d)  Rules adopted or amended under this section shall be
    5-2  developed by the board in conjunction with a technical advisory
    5-3  panel of designated representatives of the Texas Water Development
    5-4  Board, the Texas Natural Resources Commission, the Texas Department
    5-5  of Health, and other outside technical experts <the Texas State
    5-6  Board of Plumbing Examiners, and the Texas Natural Resource
    5-7  Conservation Commission>.
    5-8        SECTION 3.  Sections 372.004(c) and (d), Health and Safety
    5-9  Code, are amended to read as follows:
   5-10        (c)  Not later than the 30th day after the date on which the
   5-11  board's <commissioner's> order assessing the administrative penalty
   5-12  is final, the person assessed shall pay the full amount of the
   5-13  penalty or file a petition for judicial review.  If the person
   5-14  seeks judicial review, the person shall send the amount of the
   5-15  penalty to the board <commissioner> for placement in escrow or post
   5-16  with the board <commissioner> a bond in a form approved by the
   5-17  board <commissioner> for the amount of the penalty, the bond to be
   5-18  effective until judicial review of the order is final.  A person
   5-19  who fails to comply with this subsection waives judicial review.
   5-20        (d)  The board <commissioner> may request enforcement by the
   5-21  attorney general if the person assessed the penalty fails to comply
   5-22  with this section.
   5-23        SECTION 4.  Sections 372.005(b), (c), (e), and (g), Health
   5-24  and Safety Code, are amended to read as follows:
   5-25        (b)  If it appears that a person has violated, is violating,
   5-26  or is threatening to violate this chapter or a rule adopted under
   5-27  this chapter, the board <department>, a county, or a municipality
    6-1  may bring a civil action in a district court in Travis County, the
    6-2  county in which the defendant resides, or the county where the
    6-3  violation occurred, is occurring, or is threatened for:
    6-4              (1)  injunctive relief to restrain the person from
    6-5  continuing the violation or threat of violation;
    6-6              (2)  the assessment of a civil penalty for a violation;
    6-7  or
    6-8              (3)  both injunctive relief and a civil penalty.
    6-9        (c)  The board <department> is an indispensable party in a
   6-10  suit brought by a county or municipality under this section.
   6-11        (e)  In a suit to enjoin a violation of this chapter or a
   6-12  rule adopted under this chapter, the court shall grant the state,
   6-13  board <department>, county, or municipality, without bond or other
   6-14  undertaking, any injunction that the facts warrant, including a
   6-15  temporary restraining order, temporary injunction, or permanent
   6-16  injunction.
   6-17        (g)  At the request of the board <department>, the attorney
   6-18  general shall bring and conduct a suit in the name of the state for
   6-19  injunctive relief, to recover a civil penalty, or both.
   6-20        SECTION 5.  (a)  This Act takes effect September 1, 1993.
   6-21        (b)  The Texas State Board of Plumbing Examiners shall adopt
   6-22  rules and codes necessary to implement the performance standards
   6-23  established by Chapter 372, Health and Safety Code, as amended by
   6-24  this Act, not later than January 1, 1994.
   6-25        (c)  The Texas State Board of Plumbing Examiners shall
   6-26  propose, on or before September 30, 1993, rules necessary to
   6-27  implement the labeling requirements, according to the labeling
    7-1  requirements established by the Uniform Plumbing Code and the
    7-2  Southern Standard Plumbing Code, as provided by Chapter 372, Health
    7-3  and Safety Code, as amended by this Act, and shall adopt rules
    7-4  necessary to implement the labeling requirements as provided by
    7-5  that chapter to take effect on January 1, 1994.
    7-6        SECTION 6.  The importance of this legislation and the
    7-7  crowded condition of the calendars in both houses create an
    7-8  emergency and an imperative public necessity that the
    7-9  constitutional rule requiring bills to be read on three several
   7-10  days in each house be suspended, and this rule is hereby suspended.