SRC-JLB S.B. 781 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 781
78R2866 MI-FBy: Armbrister
Natural Resources
4/23/2003
As Filed


DIGEST AND PURPOSE 

Currently, no standard replacement toilet flapper exists, and as a result,
some toilets sold in Texas cannot be retrofitted to prevent wasted water.
As proposed, S.B. 781 provides a method of ensuring that a toilet's water
efficiency is retained. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 372.002, Health and Safety Code, by adding
Subsection (b-1) and amending Subsection (c), as follows: 
 
(b-1)  Prohibits the maximum flow, in addition to the requirements of
Subsection (b), for a gravity flush toilet, from exceeding 2.0 gallons of
water per flushing if a non-early closure flapper is installed or if the
water level in the tank is raised to the maximum allowable height of the
overflow tube. 
 
(c)  Requires the Texas Commission on Environmental Quality (TCEQ) to make
and maintain a current list of plumbing fixtures that are certified to
TCEQ by the manufacturer or importer to meet the water saving performance
standards established by Subsections (b) and (b-1).  Requires the
manufacturer or importer to submit test results from an independent
laboratory to verify that the toilet described by Subsection (b-1) meets
the standards of that subsection. 

SECTION 2.  (a)  Effective date:  September 1, 2003.
 
(b)  Provides that the change in law made by this Act applies only to a
toilet described by Section 372.002(b-1), Health and Safety Code, as added
by this Act, that is sold, offered for sale, distributed, or imported into
this state for use in this state on or after September 1, 2005.