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A BILL TO BE ENTITLED
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AN ACT
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relating to water testing by the Texas Commission on Environmental |
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Quality at correctional facilities operated by the Texas Department |
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of Criminal Justice and county jails. |
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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 341.0392 to read as follows: |
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Sec. 341.0392. WATER TESTING AT CORRECTIONAL FACILITIES AND |
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COUNTY JAILS. (a) In this section: |
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(1) "Correctional facility" means a correctional |
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facility operated by the Texas Department of Criminal Justice. |
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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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(3) "Tap test" means a water sample collected and |
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tested in the manner prescribed by the federal monitoring |
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requirements for lead, copper, and arsenic in tap water under 40 |
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C.F.R. Part 141, Subpart I. |
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(b) In addition to any water test required by the Safe |
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Drinking Water Act, the commission shall require commission staff |
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or a qualified contractor to perform regular tap tests at each |
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correctional facility and county jail to monitor the water from |
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potable water outlets at the facility or jail. |
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(c) If the commissioner determines that the amount of lead, |
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copper, or arsenic in a potable water outlet of a correctional |
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facility or county jail exceeds the level of lead, copper, or |
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arsenic considered safe for human consumption as established by |
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rules adopted under Subsection (f), the affected correctional |
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facility or county jail shall prevent the use of the potable water |
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outlet until tests confirm the water in the potable water outlet is |
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safe for human consumption. |
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(d) The commission may establish the frequency of tap |
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testing at a correctional facility or county jail that is necessary |
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to ensure the levels of lead, copper, and arsenic do not exceed the |
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levels of lead, copper, and arsenic safe for human consumption as |
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established by the commission. |
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(e) A correctional facility or county jail shall allow the |
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commission access to necessary facilities for purposes of tap |
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testing under this section. |
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(f) The commission, in consultation with the Texas |
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Department of Criminal Justice and the commissioners court of each |
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county, shall adopt rules to implement this section, including |
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rules to establish the level of lead, copper, and arsenic 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 public water systems under the Safe Drinking Water |
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Act. |
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SECTION 2. This Act takes effect September 1, 2025. |