87R3566 MLH-D
 
  By: Gervin-Hawkins H.B. No. 605
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the adoption of a healthy and safe school water plan by
  public schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 38, Education Code, is
  amended by adding Section 38.038 to read as follows:
         Sec. 38.038.  HEALTHY AND SAFE SCHOOL WATER PLAN. (a)  In
  this section, "water source" means any running water tap that is
  used for drinking or food preparation.
         (b)  Each school district shall adopt a healthy and safe
  school water plan.  The plan must include provisions for:
               (1)  periodic testing for lead in school water sources;
  and
               (2)  reducing exposure to elevated levels of lead in
  school water sources.
         (c)  If the results of a school water source test for lead
  show a level of lead that exceeds 15 parts per billion, the school
  district must restrict access to the water source within 48 hours of
  learning of the test results.  The district must determine and
  mitigate the source of the lead contamination, and a subsequent
  test for lead must show a level of lead below 15 parts per billion
  before access to the water source is returned to normal.
         (d)  The agency, in collaboration with the Texas Commission
  on Environmental Quality, the Department of State Health Services,
  regional education service centers, and other stakeholders, shall
  develop a model healthy and safe school water plan that may be used
  by a school district to comply with this section. 
         (e)  To the extent that funds are available to the agency for
  the purpose, the agency shall develop a program under which the
  agency reimburses a school district for testing lead concentrations
  in water sources at the district.
         SECTION 2.  (a)  Not later than December 31, 2021, the Texas
  Education Agency shall develop the model healthy and safe school
  water plan required by Section 38.038, Education Code, as added by
  this Act.
         (b)  Not later than September 1, 2022, each school district
  and open-enrollment charter school shall adopt a healthy and safe
  school water plan as required by Section 38.038, Education Code, as
  added by this Act, and Section 12.104(b)(3)(K), Education Code, as
  applicable.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.