Menéndez Bill Orders Lead And Arsenic Tests In Prison Tap Water

The text as introduced · 433 words

90R4797 JSW-D

By: Menéndez
S.B. No. 112

A BILL TO BE ENTITLED

AN ACT

relating to water testing by the Texas Commission on Environmental

Quality at correctional facilities operated by the Texas Department

of Criminal Justice and county jails.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter C, Chapter 341, Health and Safety

Code, is amended by adding Section 341.0392 to read as follows:

Sec. 341.0392. WATER TESTING AT CORRECTIONAL FACILITIES AND

COUNTY JAILS. (a) In this section:

(1) "Correctional facility" means a correctional

facility operated by the Texas Department of Criminal Justice.

(2) "Safe Drinking Water Act" means the federal Safe

Drinking Water Act (42 U.S.C. Section 300f et seq.).

(3) "Tap test" means a water sample from a potable

water outlet that is collected and tested for lead, copper, and

arsenic in the manner prescribed by rules adopted under Subsection

(f).

(b) In addition to any water test required by the Safe

Drinking Water Act, the commission shall require commission staff

or a qualified contractor to perform regular tap tests at each

correctional facility and county jail to monitor the water from

potable water outlets at the facility or jail.

(c) If the commission determines that the amount of lead,

copper, or arsenic in a potable water outlet of a correctional

facility or county jail exceeds the level of lead, copper, or

arsenic considered safe for human consumption as established by

rules adopted under Subsection (f), the affected correctional

facility or county jail shall prevent the use of the potable water

outlet until tests confirm the water in the potable water outlet is

safe for human consumption.

(d) The commission may establish the frequency of tap

testing at a correctional facility or county jail that is necessary

to ensure the levels of lead, copper, and arsenic do not exceed the

levels of lead, copper, and arsenic safe for human consumption as

established by the commission.

(e) A correctional facility or county jail shall allow the

commission access to necessary facilities for purposes of tap

testing under this section.

(f) The commission, in consultation with the Texas

Department of Criminal Justice and the commissioners court of each

county, shall adopt rules to implement this section, including

rules to establish:

(1) water sample collection and testing procedures;

and

(2) the level of lead, copper, and arsenic in drinking

water that is considered safe for human consumption.

(g) Rules adopted under Subsection (f) must be consistent

with the requirements for public water systems under the Safe

Drinking Water Act.

SECTION 2. This Act takes effect September 1, 2027.