78R2866 MI-F

By:  Armbrister                                                   S.B. No. 781



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 Subsection (b-1) 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 2.0 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)  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) and (b-1).  
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 Subsection (b-1) meets the 
standards of that subsection. 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.  (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), 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.