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.