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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(b). |
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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 an 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 first-draw tap tests of potable water |
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outlets every five years, before the start of the school year, to |
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monitor the amount of lead in the water in each occupied school |
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building under the jurisdiction of the school district or |
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open-enrollment charter school. The school district or |
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open-enrollment charter school shall perform the first-draw tap |
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test as required by this section by using existing qualified |
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personnel or through a third party. |
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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 a potable water outlet 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 (f), |
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the affected school district or open-enrollment charter school |
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shall prevent the use of the potable water outlet until: |
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(1) the school district or open-enrollment charter |
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school implements a lead remediation plan designed to lower the |
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level of lead in the potable water outlet; and |
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(2) tests confirm the water in the potable water |
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outlet is 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 on a water outlet |
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under this section if the outlet is located in a school building |
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that is lead free, as defined by the Safe Drinking Water Act (42 |
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U.S.C. Section 300g-6). |
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(e) A school district or open-enrollment charter school is |
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not required to conduct the first-draw tap tests under this section |
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if the school district or open-enrollment charter school has fewer |
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than 1,000 students and the school district or open-enrollment |
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charter school is unable to secure funding for the tests from grants |
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or donations. |
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(f) The commission, in consultation with the commissioner |
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of education, shall adopt rules to implement this section, |
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including rules to establish the level of lead in drinking water |
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that is considered safe for human consumption. The rules adopted |
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under this section must be consistent with the requirements for |
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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; or |
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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: |
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(1) submit the information described by Subsection |
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(b), in a format approved by the commission, to each local health |
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authority with jurisdiction in the municipality or county in which |
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the school district or open-enrollment charter school is located; |
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and |
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(2) maintain a record of the information submitted |
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under Subdivision (1) for a period not less than 12 years from the |
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date the information was submitted. |
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SECTION 2. (a) Except as provided by Subsection (b) of this |
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section, this Act applies beginning with the 2020-2021 school year. |
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(b) A school district or open-enrollment charter school |
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that has completed first-draw tap tests of potable water outlets |
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during the 36-month period preceding the effective date of this Act |
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shall comply with this Act beginning with the 2022-2023 school |
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year. |
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SECTION 3. This Act takes effect December 1, 2019. |