bill requiring schools to test taps for lead

The text as introduced · 647 words

89R3661 PRL-D

By: Gervin-Hawkins
H.B. No. 785

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 38.037 to read as follows:

Sec. 38.037. HEALTHY AND SAFE SCHOOL WATER PLAN. (a) In

this section:

(1) "Commission" means the Texas Commission on

Environmental Quality.

(2) "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

commission under Subsection (c). 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) 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. The rules adopted must be at least as

protective as the technical guidance for reducing lead in drinking

water in schools developed by the United States Environmental

Protection Agency.

(d) If the results of a school water source test for lead

show elevated levels of lead, 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 before access to the water source is returned to

normal.

(e) Each school district shall:

(1) maintain records for each school water source,

including:

(A) the location of the water source; and

(B) the date and results of each test conducted

under Subsection (b)(1) for lead in the water source;

(2) submit a copy of the records described by

Subdivision (1) to the commission not less than once every four

years; and

(3) post the information described by Subdivision (1)

on the district's Internet website.

(f) Each school district shall notify the parent or legal

guardian of each student enrolled in the district and each district

employee of:

(1) the results of each test conducted under

Subsection (b)(1) for lead in a school water source not later than

24 hours after learning of the test results; and

(2) the accessibility of information regarding school

water source tests on the district's Internet website at least once

each school year.

(g) Each school district shall designate an employee to act

as the point of contact for the commission and the public regarding

testing for lead in school water sources under this section.

(h) The agency, in collaboration with the commission, the

Department of State Health Services, regional education service

centers, and other stakeholders, shall develop a model healthy and

safe school water plan that a school district may use to comply with

the requirements of this section.

(i) 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 school water sources.

SECTION 2. (a) Not later than December 31, 2025, the Texas

Education Agency shall develop the model healthy and safe school

water plan required by Section 38.037, Education Code, as added by

this Act.

(b) Not later than September 1, 2026, each school district

and open-enrollment charter school shall adopt a healthy and safe

school water plan as required by Section 38.037, 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, 2025.