78R9430 MI-F


By:  Puente                                                       H.B. No. 488

Substitute the following for H.B. No. 488:                                    

By:  Puente                                                   C.S.H.B. No. 488



A BILL TO BE ENTITLED

AN ACT

relating to performance standards for toilets sold in the state.              
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 372.002, Health and Safety Code, is 
amended by adding Subsections (b-1) and (b-2) and amending 
Subsection (c)  to read as follows:
	(b-1)  In addition to the requirements of Subsection (b), for 
a gravity flush toilet, the maximum flow may not exceed 2.4 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.  To accomplish this objective, the 
plumbing fixture shall comply with all requirements of the American 
National Standards Institute A112.19.2-2003, Non-Mandatory 
Appendix E, as that standard existed on March 17, 2003.  The 
commission shall review subsequent amendments to that standard and 
determine whether the later version of the standard meets the 
intent of this section and therefore should be adopted as the new 
standard.  The commission by rule may adopt the new standard if the 
commission determines the new standard meets the intent of this 
section.
	(b-2)  Effective January 1, 2005, in addition to the 
requirements of Subsection (b), for a gravity flush toilet, the 
maximum flow may not exceed 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.  
To accomplish this objective, the plumbing fixture shall comply 
with all requirements of the American National Standards Institute 
A112.19.2-2003, Non-Mandatory Appendix E, as that standard existed 
on March 17, 2003, except that the term "2.4 gal (9L)" shall be 
replaced wherever it occurs by "2.0 gallons."  The commission shall 
review subsequent amendments to that standard and determine whether 
the later version of the standard meets the intent of this section 
and therefore should be adopted as the new standard.  The commission 
by rule may adopt the new standard if the commission determines the 
new standard meets the intent of this section.
	(c)  The commission shall make and maintain a current list of 
plumbing fixtures that are certified to the commission by the 
manufacturer or importer to meet the water saving performance 
standards established by Subsections [Subsection] (b), (b-1), and 
(b-2).  To have a plumbing fixture included on the list, a 
manufacturer or importer must supply to the commission, in the form 
prescribed by the commission, the identification and the 
performance specifications of the plumbing fixture. The 
manufacturer or importer must submit test results from an 
independent laboratory  to verify that the toilet described by 
Subsections (b-1) and (b-2) meets the standards of those 
subsections. The commission may test a listed fixture to determine 
the accuracy of the manufacturer's or importer's certification and 
shall remove from the list a fixture the commission finds to be 
inaccurately certified.
	SECTION 2.  Not later than September 1, 2003, the Texas 
Commission on Environmental Quality shall petition the federal 
Department of Energy for an exemption from any relevant federal 
regulations governing water and energy efficiency standards that 
apply to water closets.
	SECTION 3.  (a)  This Act takes effect September 1, 2003.                      
	(b)  The change in law made by this Act applies only to a 
toilet described by Section 372.002(b-1) or 372.002(b-2), 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 January 1, 2004, or January 1, 2005, respectively.