Plesa Drinking Water Bill Gives Schools Until 2027 To Plan

The text as introduced · 835 words

89R9903 ANG-F

By: Plesa
H.B. No. 5552

A BILL TO BE ENTITLED

AN ACT

relating to lead in drinking water at 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. SAFE DRINKING WATER FOR SCHOOLS PLAN. (a) In

this section, "water source" has the meaning assigned by Section

341.0651, Health and Safety Code.

(b) Each school district shall adopt a safe drinking water

for schools plan. The plan must include provisions for:

(1) periodic testing for lead in school water sources

in accordance with Section 341.0651, Health and Safety Code, by

each public drinking water supply system that provides water to the

district;

(2) reducing exposure to elevated levels of lead in

school water sources;

(3) maintaining records of school water source tests

conducted under Section 341.0651, Health and Safety Code; and

(4) notifying employees and parents of and persons

standing in parental relation to students enrolled at a district

campus of the results of the testing of school water sources under

Section 341.0651, Health and Safety Code, at that campus.

(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 shall:

(1) restrict access to the water source;

(2) determine and mitigate the source of the lead

contamination; and

(3) continue to restrict access to the water source

until a subsequent test, conducted after appropriate mitigation

efforts are made, indicates the lead concentration at the source to

be below 15 parts per billion.

(d) The agency, in collaboration with the Texas Commission

on Environmental Quality, shall adopt rules establishing

guidelines for a school district or open-enrollment charter school

in implementing this section.

SECTION 2. Subchapter D, Chapter 341, Health and Safety

Code, is amended by adding Section 341.0651 to read as follows:

Sec. 341.0651. TESTING FOR LEAD IN PUBLIC SCHOOLS. (a) In

this section:

(1) "Commission" means the Texas Commission on

Environmental Quality.

(2) "Public school" means a school district or

open-enrollment charter school established under Subchapter D,

Chapter 12, Education Code.

(3) "Water source" means any running water tap that is

used for drinking or food preparation.

(b) This section applies only to a public drinking water

supply system that is a public school or that furnishes drinking

water to a public school.

(c) The commission by rule, in accordance with 40 C.F.R.

Part 141, shall adopt standards for public drinking water supply

systems to:

(1) require sampling and testing for lead in public

school water sources; and

(2) establish a procedure for disabling a public

school water source with a level of lead that exceeds 15 parts per

billion.

(d) The commission shall publish guidance on suggested

means by which a public drinking water supply system may reduce lead

in public school water sources, including by installing filters and

replacing fixtures and water lines.

(e) A public drinking water supply system that is not a

public school shall:

(1) designate an employee to act as the point of

contact for public schools served by the system;

(2) contact public schools served by the system to

coordinate water source testing in public schools;

(3) maintain records for each water source in each

public school served by the water system, including:

(A) the location of the water source; and

(B) the date and results of each test required

under Subsection (c) for lead in the water source; and

(4) after each new test of the water sources in a

public school, submit a copy of the records described by

Subdivision (3) for that public school to the commission and the

public school.

(f) To the extent that state or federal funds are available

to the commission for the purpose, the commission shall develop a

grant program under which the commission reimburses a public

drinking water supply system for taking the following actions

related to public school water source lead detection and abatement:

(1) testing lead concentrations;

(2) mitigating contamination through lead abatement

efforts, including:

(A) identifying the source of the contamination;

(B) installing filtration systems; and

(C) temporarily replacing the water source with

bottled water or water from another source; and

(3) replacing affected fixtures or pipes.

SECTION 3. (a) Not later than January 1, 2027, each school

district and open-enrollment charter school shall adopt a safe

drinking water for schools plan as required by Section 38.041,

Education Code, as added by this Act.

(b) Not later than January 1, 2027, the Texas Commission on

Environmental Quality shall adopt rules as required by Section

341.0651, Health and Safety Code, as added by this Act.

SECTION 4. 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, 2025.