By:  Armbrister                                                   S.B. No. 781
	(In the Senate - Filed February 28, 2003; March 5, 2003, 
read first time and referred to Committee on Natural Resources; 
April 29, 2003, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 9, Nays 0; April 29, 2003, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 781                                    By:  Barrientos


A BILL TO BE ENTITLED

AN ACT


relating to performance standards for toilets and water leak 
detection systems.
	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), (b-2), and (b-3) 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.
	(b-2)  The water saving performance standards for a water 
leak detection system are the more restrictive of:
		(1)  the standards established by the Uniform Plumbing 
Code and the International Association of Plumbing and Mechanical 
Officials and in effect on September 1, 2003; or
		(2)  the following standards:                                          
			(A)  the system must sound a continuous alarm and 
shut off a valve on the main water line coming into the structure 
immediately on detecting a water leak;
			(B)  the system must be listed by Underwriters 
Laboratories; and    
			(C)  the system must have a means to reset the 
system so as to restore water flow once the water leak has been 
located.
	(b-3)  All new home construction and all home construction 
involving substantial remodeling shall include a water leak 
detection system that meets the water saving performance standards 
in Subsection (b-2).
	(c)  The commission shall make and maintain a current list of 
plumbing fixtures and water leak detection systems 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 or 
water leak detection system 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 or water leak detection 
system.  The manufacturer or importer must submit test results from 
an independent laboratory to verify that a toilet described by 
Subsection (b-1) meets the standards of that subsection. The 
commission may test a listed fixture or water leak detection system 
to determine the accuracy of the manufacturer's or importer's 
certification and shall remove from the list a fixture or system the 
commission finds to be inaccurately certified.
	SECTION 2.  (a)  This Act takes effect September 1, 2003.                      
	(b)  The change in law made by Subsection (b-1), Section 
372.002, Health and Safety Code, as added by this Act, applies only 
to a toilet described by that subsection that is sold, offered for 
sale, distributed, or imported into this state for use in this state 
on or after September 1, 2005.
	(c)  The change in law made by Subsection (b-3), Section 
372.002, 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.



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