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A BILL TO BE ENTITLED
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AN ACT
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relating to the testing of drinking water from and the replacement |
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and repair of drinking water outlets and water lines on publicly |
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owned and operated property. |
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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 Section 341.0317 to read as follows: |
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Sec. 341.0317. DRINKING WATER ON PUBLICLY OWNED AND |
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OPERATED PROPERTY. (a) In this section: |
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(1) "Child care facility" has the meaning assigned by |
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Section 88.001. |
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(2) "Drinking water outlet" means any point-of-use |
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device, including a water fountain, faucet, or tap regularly used |
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for drinking water or food preparation. |
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(3) "Federal rule" means the United States |
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Environmental Protection Agency's Lead and Copper Rule (40 C.F.R. |
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Part 141, Subpart I). |
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(4) "Institution of higher education" has the meaning |
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assigned by Section 61.003, Education Code. |
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(5) "Public junior college" has the meaning assigned |
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by Section 61.003, Education Code. |
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(6) "Public water system" has the meaning assigned by |
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the federal Safe Drinking Water Act (42 U.S.C. Section 300f et |
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seq.). |
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(7) "State hospital" has the meaning assigned by |
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Section 552.0011. |
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(8) "State supported living center" has the meaning |
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assigned by Section 531.002. |
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(9) "Water line" means the pipe and its fittings that |
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connect a drinking water main to a drinking water outlet. |
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(b) The commission shall create a program under which the |
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commission routinely tests the levels of lead and copper in the |
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water emitted from all drinking water outlets and water lines that |
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serve property owned and operated by the state or a political |
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subdivision of this state, including: |
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(1) public schools; |
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(2) publicly owned child care facilities; |
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(3) institutions of higher education and public junior |
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colleges; |
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(4) state supported living centers; |
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(5) public hospitals; |
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(6) state agencies; and |
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(7) public parks. |
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(c) The commission shall create a plan that includes: |
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(1) a process for the commission to cooperate with |
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state agencies, political subdivisions, and public water systems to |
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create a schedule to repair or replace all drinking water outlets |
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and water lines that contain water with levels of lead and copper |
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that exceed the standards set by the federal rule; and |
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(2) a standardized routine maintenance plan to ensure |
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that all drinking water outlets and water lines are safe for public |
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use. |
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(d) An entity responsible for the maintenance of a drinking |
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water outlet or water line that the commission determines contains |
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water with levels of lead and copper that exceed the standards set |
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by the federal rule shall: |
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(1) repair or replace the drinking water outlet or |
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water line according to the plan and schedule created under |
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Subsection (c); and |
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(2) bear the cost of the repair or replacement of the |
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drinking water outlet or water line. |
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(e) The commission shall post on the publicly accessible |
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portion of the commission's Internet website, and each affected |
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state agency or political subdivision shall post on its Internet |
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website: |
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(1) results of testing under Subsection (b); and |
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(2) repair and replacement schedules described in the |
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plan created under Subsection (c). |
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SECTION 2. (a) Not later than August 1, 2018, the Texas |
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Commission on Environmental Quality shall create the program and |
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the plan as required by Section 341.0317, Health and Safety Code, as |
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added by this Act. |
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(b) Not later than September 1, 2018, the Texas Commission |
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on Environmental Quality shall begin testing as required by Section |
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341.0317, Health and Safety Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2017. |