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A BILL TO BE ENTITLED
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AN ACT
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relating to interactive water features and fountains. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 341, Health and Safety |
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Code, is amended by adding Section 341.0695 to read as follows: |
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Sec. 341.0695. INTERACTIVE WATER FEATURES AND FOUNTAINS. |
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(a) In this section, "interactive water feature or fountain" means |
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an installation that includes water sprays, dancing water jets, |
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waterfalls, dumping buckets, or shooting water cannons and that is |
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primarily maintained for public recreation. |
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(b) An owner, manager, operator, or other attendant in |
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charge of an interactive water feature or fountain shall maintain |
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the water feature or fountain in a sanitary condition. |
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(c) The bacterial content of the water in an interactive |
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water feature or fountain may not exceed the safe limits prescribed |
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by the standards adopted under this chapter. A minimum free |
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residual chlorine of 1.0 part for each one million units of water |
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used in a water feature or fountain must be maintained. |
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(d) Water in an interactive water feature or fountain may |
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not show an acid reaction to a standard pH test. |
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(e) A county or municipality may: |
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(1) require that the owner or operator of an |
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interactive water feature or fountain within the jurisdiction of |
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the county or municipality obtain a permit for operation of the |
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water feature or fountain; |
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(2) inspect an interactive water feature or fountain |
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within the jurisdiction of the county or municipality for |
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compliance with this section; and |
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(3) impose and collect a reasonable fee in connection |
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with a permit or inspection required under this subsection provided |
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the following are met: |
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(A) the auditor for the county or municipality |
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shall review the program every two years to ensure that the fees |
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imposed do not exceed the cost of the program; and |
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(B) the county or municipality refunds the permit |
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holders any revenue determined by the auditor to exceed the cost of |
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the program. |
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(f) A county or municipality may by order close, for the |
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period specified in the order, an interactive water feature or |
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fountain within the jurisdiction of the county or municipality if |
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the operation of the fountain or water feature violates this |
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section or a permitting or inspection requirement imposed by the |
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county or municipality under Subsection (e). |
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SECTION 2. (a) Not later than the 30th day after the |
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effective date of this Act, the executive commissioner of the |
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Health and Human Services Commission shall adopt emergency rules in |
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accordance with Section 2001.034, Government Code, as necessary to |
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implement Section 341.0695, Health and Safety Code, as added by |
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this Act. |
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(b) An owner, manager, operator, or other attendant in |
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charge of an interactive water feature or fountain is not required |
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to comply with Section 341.0695, Health and Safety Code, as added by |
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this Act, before the fifth day after the date rules are adopted |
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under Subsection (a) of this section. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |