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A BILL TO BE ENTITLED
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AN ACT
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relating to testing for lead contamination in public school |
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drinking water. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 341, Health and Safety |
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Code, is amended by adding Sections 341.0317 and 341.0318 to read as |
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follows: |
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Sec. 341.0317. REQUIRED TESTING FOR LEAD CONTAMINATION IN |
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PUBLIC SCHOOL DRINKING WATER. (a) In this section: |
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(1) "First-draw tap test" means a water sample |
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collected and tested in the manner prescribed by the federal |
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monitoring requirements for lead and copper in tap water under 40 |
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C.F.R. Section 141.86. |
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(2) "Open-enrollment charter school" means a school |
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that has been granted a charter under Subchapter D, Chapter 12, |
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Education Code. |
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(3) "Safe Drinking Water Act" means the federal Safe |
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Drinking Water Act (42 U.S.C. Section 300f et seq.). |
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(4) "School district" means any independent school |
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district. |
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(b) In addition to any water test required by the Safe |
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Drinking Water Act, each school district and open-enrollment |
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charter school shall conduct annual first-draw tap tests of potable |
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water systems to monitor the amount of lead in the water in each |
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occupied school building under the jurisdiction of the school |
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district or open-enrollment charter school. The school district or |
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open-enrollment charter school shall select a third party to |
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perform the first-draw tap test as required by this section. |
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(c) If a person conducting a first-draw tap test determines |
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that the amount of lead in the potable water system of a school |
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building exceeds the level of lead considered safe for human |
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consumption as established by rules adopted under Subsection (e), |
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the affected school district or open-enrollment charter school |
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shall: |
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(1) continue weekly first-draw tap tests of the |
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building's potable water system under this section until three |
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consecutive weekly tests confirm the water is safe for human |
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consumption; and |
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(2) provide the occupants of the building with an |
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adequate supply of safe, potable drinking water until future tests |
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indicate lead levels in the water are safe for human consumption. |
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(d) A school district or open-enrollment charter school is |
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not required to conduct a first-draw tap test under this section in |
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a school building that is lead-free, as defined by the Safe Drinking |
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Water Act (42 U.S.C. Section 300g-6). |
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(e) The executive commissioner, in consultation with the |
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commissioner of education, shall adopt rules to implement this |
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section, including rules to establish the level of lead in drinking |
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water that is considered safe for human consumption. The rules |
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adopted under this section must be consistent with the requirements |
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for school districts or open-enrollment charter schools that are |
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classified as a public water system under the Safe Drinking Water |
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Act. |
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Sec. 341.0318. RESULTS OF TESTING FOR LEAD CONTAMINATION IN |
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PUBLIC SCHOOL DRINKING WATER; REPORT. (a) In this section, |
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"first-draw tap test," "open-enrollment charter school," and |
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"school district" have the meanings assigned by Section 341.0317. |
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(b) Each school district and open-enrollment charter school |
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that conducts lead testing under Section 341.0317 shall make the |
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test results and any lead remediation plan available to the public |
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by: |
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(1) posting the information on the Internet website of |
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the school district or open-enrollment charter school; and |
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(2) any other method the school district or |
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open-enrollment charter school considers appropriate. |
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(c) Each school district and open-enrollment charter school |
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shall submit the information described by Subsection (b), in a |
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format approved by the executive commissioner, to: |
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(1) the executive commissioner; and |
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(2) each local health authority with jurisdiction in |
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the municipality or county in which the school district or |
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open-enrollment charter school is located. |
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(d) Not later than December 1 of each even-numbered year, |
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the executive commissioner shall submit to the governor, the |
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lieutenant governor, the speaker of the house of representatives, |
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and each member of the legislature a report that includes the |
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findings from the first-draw tap tests conducted under Section |
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341.0317. |
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SECTION 2. This Act takes effect September 1, 2017. |