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A BILL TO BE ENTITLED
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AN ACT
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relating to lead in drinking water at public schools. |
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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 38.041 to read as follows: |
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Sec. 38.041. SAFE DRINKING WATER FOR SCHOOLS PLAN. (a) In |
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this section, "water source" has the meaning assigned by Section |
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341.0651, Health and Safety Code. |
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(b) Each school district shall adopt a safe drinking water |
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for schools plan. The plan must include provisions for: |
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(1) periodic testing for lead in school water sources |
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in accordance with Section 341.0651, Health and Safety Code, by |
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each public drinking water supply system that provides water to the |
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district; |
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(2) reducing exposure to elevated levels of lead in |
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school water sources; |
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(3) maintaining records of school water source tests |
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conducted under Section 341.0651, Health and Safety Code; and |
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(4) notifying employees and parents of and persons |
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standing in parental relation to students enrolled at a district |
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campus of the results of the testing of school water sources under |
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Section 341.0651, Health and Safety Code, at that campus. |
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(c) If the results of a school water source test for lead |
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show a level of lead that exceeds 15 parts per billion, the school |
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district shall: |
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(1) restrict access to the water source; |
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(2) determine and mitigate the source of the lead |
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contamination; and |
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(3) continue to restrict access to the water source |
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until a subsequent test, conducted after appropriate mitigation |
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efforts are made, indicates the lead concentration at the source to |
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be below 15 parts per billion. |
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(d) The agency, in collaboration with the Texas Commission |
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on Environmental Quality, shall adopt rules establishing |
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guidelines for a school district or open-enrollment charter school |
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in implementing this section. |
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SECTION 2. Subchapter D, Chapter 341, Health and Safety |
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Code, is amended by adding Section 341.0651 to read as follows: |
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Sec. 341.0651. TESTING FOR LEAD IN PUBLIC SCHOOLS. (a) In |
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this section: |
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(1) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(2) "Public school" means a school district or |
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open-enrollment charter school established under Subchapter D, |
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Chapter 12, Education Code. |
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(3) "Water source" means any running water tap that is |
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used for drinking or food preparation. |
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(b) This section applies only to a public drinking water |
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supply system that is a public school or that furnishes drinking |
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water to a public school. |
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(c) The commission by rule, in accordance with 40 C.F.R. |
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Part 141, shall adopt standards for public drinking water supply |
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systems to: |
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(1) require sampling and testing for lead in public |
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school water sources; and |
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(2) establish a procedure for disabling a public |
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school water source with a level of lead that exceeds 15 parts per |
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billion. |
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(d) The commission shall publish guidance on suggested |
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means by which a public drinking water supply system may reduce lead |
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in public school water sources, including by installing filters and |
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replacing fixtures and water lines. |
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(e) A public drinking water supply system that is not a |
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public school shall: |
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(1) designate an employee to act as the point of |
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contact for public schools served by the system; |
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(2) contact public schools served by the system to |
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coordinate water source testing in public schools; |
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(3) maintain records for each water source in each |
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public school served by the water system, including: |
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(A) the location of the water source; and |
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(B) the date and results of each test required |
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under Subsection (c) for lead in the water source; and |
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(4) after each new test of the water sources in a |
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public school, submit a copy of the records described by |
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Subdivision (3) for that public school to the commission and the |
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public school. |
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(f) To the extent that state or federal funds are available |
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to the commission for the purpose, the commission shall develop a |
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grant program under which the commission reimburses a public |
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drinking water supply system for taking the following actions |
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related to public school water source lead detection and abatement: |
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(1) testing lead concentrations; |
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(2) mitigating contamination through lead abatement |
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efforts, including: |
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(A) identifying the source of the contamination; |
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(B) installing filtration systems; and |
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(C) temporarily replacing the water source with |
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bottled water or water from another source; and |
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(3) replacing affected fixtures or pipes. |
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SECTION 3. (a) Not later than January 1, 2027, each school |
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district and open-enrollment charter school shall adopt a safe |
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drinking water for schools plan as required by Section 38.041, |
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Education Code, as added by this Act. |
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(b) Not later than January 1, 2027, the Texas Commission on |
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Environmental Quality shall adopt rules as required by Section |
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341.0651, Health and Safety Code, as added by this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |