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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 A, Chapter 38, Education Code, is |
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amended by adding Section 38.037 to read as follows: |
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Sec. 38.037. 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) "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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(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 district or school. The |
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district or school shall perform the first-draw tap test as |
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required by this section by using existing qualified personnel or |
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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 (h), |
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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 district or school implements a lead |
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remediation plan designed to lower the level of lead in the potable |
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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 district or school has fewer than 1,000 students and is |
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unable to secure funding for the tests from grants or donations. |
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(f) Each school district and open-enrollment charter school |
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that conducts lead testing under this section shall make the test |
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results and any lead remediation plan available to the public by: |
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(1) posting the information on the district's or |
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school's Internet website; or |
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(2) any other method the district or school considers |
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appropriate. |
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(g) 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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(f), in a format approved by the agency, to each local health |
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authority with jurisdiction in the municipality or county in which |
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the district or school is located; and |
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(2) maintain a record of the information submitted |
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under Subdivision (1) for not less than 12 years from the date the |
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information was submitted. |
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(h) The commissioner, in consultation with the Texas |
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Commission on Environmental Quality, shall adopt rules to implement |
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this section, including rules to establish the level of lead in |
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drinking water that is considered safe for human consumption. The |
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rules adopted under this section must be consistent with the |
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requirements for school districts or open-enrollment charter |
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schools that are classified as a public water system under the Safe |
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Drinking Water Act. |
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SECTION 2. (a) Except as provided by Subsection (b) of |
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this section, this Act applies beginning with the 2022-2023 school |
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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 2024-2025 school |
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year. |
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SECTION 3. This Act takes effect September 1, 2021. |