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


Senate Research CenterC.S.S.B. 781
78R11829 MI-FBy: Armbrister
Natural Resources
4/26/2003
Committee Report (Substituted)


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.
C.S.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), (b2), and (b-3) 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. 

(b-2)  Provides that the water saving performance standards for a water
leak detection system are the more restrictive of certain standards. 

(b-3)  Requires all new home construction and all home construction
involving substantial remodeling to include a water leak detection system
that meets the water saving performance standards in Subsection (b-2). 
 
(c)  Requires the Texas Commission on Environmental Quality (TCEQ) to make
and maintain a current list of plumbing fixtures and water leak detection
systems that are certified to TCEQ by the manufacturer or importer to meet
the water saving performance standards established by Subsections (b),
(b-1), and (b-2).  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.  Makes
conforming changes. 

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

(c)  Provides that the change in law made by Section 372.002(b-3), Health
and Safety Code, as added by this Act, applies only to new home
construction and home construction involving substantial remodeling that
begins on or after January 1, 2004.