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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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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. |
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(d) Except as provided by Subsection (f), 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 an interactive water feature or fountain must be |
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maintained. |
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(e) 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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(f) The department may by rule adopt methods other than |
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chlorination for the purpose of disinfecting interactive water |
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features and fountains. |
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(g) An interactive water feature or fountain that is |
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supplied entirely by drinking water that is not recirculated is not |
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subject to Subsections (d) and (e). |
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(h) A person known to be or suspected of being infected with |
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a transmissible condition of a communicable disease shall be |
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excluded from an interactive water feature or fountain. |
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(i) A county, a municipality, or the department may: |
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(1) require that the owner or operator of an |
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interactive water feature or fountain obtain a permit for operation |
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of the water feature or fountain; |
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(2) inspect an interactive water feature or fountain |
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for 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 |
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provided, if the requirement is imposed by a county or |
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municipality, 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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(j) A county, a municipality, or the department may by order |
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close, for the period specified in the order, an interactive water |
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feature or fountain if the operation of the fountain or water |
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feature violates this section or a permitting or inspection |
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requirement imposed under Subsection (i). |
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(k) This section does not apply to a recreational water park |
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that uses freshwater originating from a natural watercourse for |
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recreational purposes and releases the freshwater back into the |
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same natural watercourse. |
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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. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 968 passed the Senate on |
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April 9, 2009, by the following vote: Yeas 31, Nays 0; |
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May 29, 2009, Senate refused to concur in House amendments and |
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requested appointment of Conference Committee; May 30, 2009, House |
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granted request of the Senate; May 31, 2009, Senate adopted |
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Conference Committee Report by the following vote: Yeas 31, |
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Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 968 passed the House, with |
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amendments, on May 20, 2009, by the following vote: Yeas 111, |
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Nays 34, two present not voting; May 30, 2009, House granted |
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request of the Senate for appointment of Conference Committee; |
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May 31, 2009, House adopted Conference Committee Report by the |
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following vote: Yeas 124, Nays 21, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |