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.