By Gallegos                                           H.B. No. 1604
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to performance standards for certain plumbing fixtures.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Title 5, Health and Safety Code, Subtitle E,
    1-5  Section 421.002, as follows:
    1-6        Sec. 372.002.  Water Saving Performance Standards.  (a)  A
    1-7  person may not sell, offer for sale, distribute, or import into
    1-8  this state a plumbing fixture for use in this state unless:
    1-9              (1)  the plumbing fixture meets the water saving
   1-10  performance standards provided by Subsection (b); and
   1-11              (2)  the plumbing fixture is listed by the department
   1-12  under Subsection (c).
   1-13        (b)  The water saving performance standards for a plumbing
   1-14  fixture are those established by the American National Standards
   1-15  Institute or the following standards, whichever are more
   1-16  restrictive:
   1-17              (1)  for a sink or lavatory faucet or a faucet aerator,
   1-18  maximum flow may not exceed 2.2 gallons of water per minute at a
   1-19  pressure of 60 pounds per square inch when tested according to
   1-20  testing procedures adopted by the board;
   1-21              (2)  for a shower head, maximum flow may not exceed
   1-22  2.75 gallons of water per minute at a constant pressure over 80
   1-23  pounds per square inch when tested according to testing procedures
    2-1  adopted by the board;
    2-2              (3)  for a urinal and the associated flush valve, if
    2-3  any, maximum flow may not exceed an average of one gallon of water
    2-4  per flushing when tested according to the hydraulic performance
    2-5  requirements adopted by the board;
    2-6              (4)  for a toilet, maximum flow may not exceed an
    2-7  average of <1.6> 3.5 gallons of water per flushing when tested
    2-8  according to the hydraulic performance requirements adopted by the
    2-9  board;
   2-10              (5)  for a wall-mounted toilet that employs a
   2-11  flushometer or flush valve, maximum flow may not exceed an average
   2-12  of two gallons of water per flushing or the flow rate established
   2-13  by the American National Standards Institute for ultra-low flush
   2-14  toilets, whichever is lower; and
   2-15              (6)  a drinking water fountain must be self-closing.
   2-16        (c)  The board shall make and maintain a current list of
   2-17  plumbing fixtures that are certified to the board by the
   2-18  manufacturer or importer to meet the water saving performance
   2-19  standards established by Subsection (b).  To have a plumbing
   2-20  fixture included on the list, a manufacturer or importer must
   2-21  supply to the department, in the form prescribed by the department,
   2-22  the identification and the performance specifications of the
   2-23  plumbing fixture.  The department may test a listed fixture to
   2-24  determine the accuracy of the manufacturer's or importer's
   2-25  certification and shall remove from the list a fixture the board
    3-1  finds to be inaccurately certified.
    3-2        (d)  The department may assess against a manufacturer or an
    3-3  importer a reasonable fee for an inspection of a product to
    3-4  determine the accuracy of the manufacturer's or importer's
    3-5  certification in an amount determined by the board to cover the
    3-6  expenses incurred in the administration of this chapter.  A fee
    3-7  received by the department under this subsection shall be deposited
    3-8  in the state treasury to the credit of the department and may be
    3-9  used only for the administration of this chapter.
   3-10        (e)  The board and the department shall, to the extent
   3-11  appropriate and practical, employ the standards designated American
   3-12  National Standards by the American National Standards Institute in
   3-13  determining or evaluating performance standards or testing
   3-14  procedures under this chapter.
   3-15        (f)  This section does not apply to:
   3-16              (1)  a plumbing fixture that has been ordered by or is
   3-17  in the inventory of a building contractor or a wholesaler or
   3-18  retailer of plumbing fixtures on January 1, 1992;
   3-19              (2)  a fixture, such as a safety shower or aspirator
   3-20  faucet, that, because of the fixture's specialized function, cannot
   3-21  meet the standards provided by this section;
   3-22              (3)  a fixture originally installed before January 1,
   3-23  1992, that is removed and reinstalled in the same building on or
   3-24  after that date; or
   3-25              (4)  a fixture imported only for use at the importer's
    4-1  domicile.
    4-2        SECTION 2.  The importance of this legislation and the
    4-3  crowded condition of the calendars in both houses create an
    4-4  emergency and an imperative public necessity that the
    4-5  constitutional rule requiring bills to be read on three several
    4-6  days in each house be suspended, and this rule is hereby suspended.