88(3) HB 42 - Introduced version - Bill Text

	88S30099 BDP-D
	By:  Gervin-Hawkins	H.B.  No.  42

	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 38.041 to read as follows:
	Sec.  38.041.    HEALTHY AND SAFE SCHOOL WATER PLAN. (a)  In
	this section:
	(1)    "Actionable lead level"  means a hazardous,
	actionable concentration of lead in water, as determined by the
	commission.
	(2)    "Commission"  means the Texas Commission on
	Environmental Quality.
	(3)    "Community water system"  means a public water
	system that supplies water to the same population year-round.
	(4)    "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 in accordance with rules adopted by the agency
	under Subsection (c) and with rules adopted by the commission under
	Subsection (d).  The plan must include provisions for:
	(1)    periodic testing for lead in school water sources
	by a community water system; and
	(2)    reducing exposure to elevated levels of lead in
	school water sources.
	(c)    The agency, in consultation with the commission, shall
	adopt rules to provide guidance to school districts on the adoption
	of a healthy and safe school water plan under this section.  In
	providing guidance to districts under this section, the agency must
	provide procedures for:
	(1)    collaboration with community water systems to
	conduct directed public education and lead monitoring at the school
	district campuses the community water systems service; and
	(2)    the manner in which a school district:
	(A)    must comply with Subsection (f); and
	(B)    may be reimbursed under Subsection (i).
	(d)    The commission shall adopt rules in accordance with 40
	C.F.R. Part 141 to provide guidance to community water systems and
	school districts regarding:
	(1)    sampling and testing for lead in school water
	sources;
	(2)    the minimum lead concentration determined by the
	commission to be an actionable lead level;
	(3)    the procedure for disabling a water source with an
	actionable lead level, as determined by the commission; and
	(4)    the means by which a community water system or
	school district may reduce lead in school water sources, including
	by installing filters and replacing fixtures and water lines.
	(e)    Each community water system, in accordance with
	commission rules adopted under Subsection (d), shall:
	(1)    designate an employee to act as the point of
	contact between the commission and school districts served by the
	community water system;
	(2)    contact school districts served by the community
	water system, if applicable, to coordinate water source testing in
	the district;
	(3)    test each water source in school districts served
	by the community water system for the presence of lead;
	(4)    maintain records for each water source in each
	school district served by the community water system, including:
	(A)    the location of the water source; and
	(B)    the date and results of each test conducted
	{"prefetch":[{"source":"document","where":{"and":[{"href_matches":"/*"},{"not":{"href_matches":["/wp-*.php","/wp-admin/*","/wp-content/uploads/*","/wp-content/*","/wp-content/plugins/*","/wp-content/themes/twentyseventeenchild/*","/wp-content/themes/twentyseventeen/*","/*\\?(.+)"]}},{"not":{"selector_matches":"a[rel~=\"nofollow\"]"}},{"not":{"selector_matches":".no-prefetch, .no-prefetch a"}}]},"eagerness":"conservative"}]}