87R230 MP-F     By: Collier H.B. No. 303       A BILL TO BE ENTITLED   AN ACT   relating to testing for lead contamination in public school   drinking water.          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.  REQUIRED TESTING FOR LEAD CONTAMINATION IN   PUBLIC SCHOOL DRINKING WATER. (a) In this section:                (1)  "First-draw tap test" means a water sample   collected and tested in the manner prescribed by the federal   monitoring requirements for lead and copper in tap water under 40   C.F.R. Section 141.86(b).                (2)  "Safe Drinking Water Act" means the federal Safe   Drinking Water Act (42 U.S.C. Section 300f et seq.).          (b)  In addition to any water test required by the Safe   Drinking Water Act, each school district and open-enrollment   charter school shall conduct first-draw tap tests of potable water   outlets every five years, before the start of the school year, to   monitor the amount of lead in the water in each occupied school   building under the jurisdiction of the district or school. The   district or school shall perform the first-draw tap test as   required by this section by using existing qualified personnel or   through a third party.          (c)  If a person conducting a first-draw tap test determines   that the amount of lead in a potable water outlet of a school   building exceeds the level of lead considered safe for human   consumption as established by rules adopted under Subsection (h),   the affected school district or open-enrollment charter school   shall prevent the use of the potable water outlet until:                (1)  the district or school implements a lead   remediation plan designed to lower the level of lead in the potable   water outlet; and                (2)  tests confirm the water in the potable water   outlet is safe for human consumption.          (d)  A school district or open-enrollment charter school is   not required to conduct a first-draw tap test on a water outlet   under this section if the outlet is located in a school building   that is lead free, as defined by the Safe Drinking Water Act (42   U.S.C. Section 300g-6).          (e)  A school district or open-enrollment charter school is   not required to conduct the first-draw tap tests under this section   if the district or school has fewer than 1,000 students and is   unable to secure funding for the tests from grants or donations.          (f)  Each school district and open-enrollment charter school   that conducts lead testing under this section shall make the test   results and any lead remediation plan available to the public by:                (1)  posting the information on the district's or   school's Internet website; or                (2)  any other method the district or school considers   appropriate.          (g)  Each school district and open-enrollment charter school   shall:                (1)  submit the information described by Subsection   (f), in a format approved by the agency, to each local health   authority with jurisdiction in the municipality or county in which   the district or school is located; and                (2)  maintain a record of the information submitted   under Subdivision (1) for not less than 12 years from the date the   information was submitted.          (h)  The commissioner, in consultation with the Texas   Commission on Environmental Quality, shall adopt rules to implement   this section, including rules to establish the level of lead in   drinking water that is considered safe for human consumption. The   rules adopted under this section must be consistent with the   requirements for school districts or open-enrollment charter   schools that are classified as a public water system under the Safe   Drinking Water Act.          SECTION 2.  (a)  Except as provided by Subsection (b) of   this section, this Act applies beginning with the 2022-2023 school   year.          (b)  A school district or open-enrollment charter school   that has completed first-draw tap tests of potable water outlets   during the 36-month period preceding the effective date of this Act   shall comply with this Act beginning with the 2024-2025 school   year.          SECTION 3.  This Act takes effect September 1, 2021.