88R1749 LRM-D     By: Menéndez S.B. No. 456       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 38.038 to read as follows:          Sec. 38.038.  HEALTHY AND SAFE SCHOOL WATER PLAN. (a)  In   this section, "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.  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)  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 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, and a subsequent   test for lead must show a level of lead below 15 parts per billion   before access to the water source is returned to normal.          (d)  The agency, in collaboration with the Texas Commission   on Environmental Quality, the Department of State Health Services,   regional education service centers, and other stakeholders, shall   develop a model healthy and safe school water plan that may be used   by a school district to comply with this section.           (e)  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 water sources at the district.          SECTION 2.  (a)  Not later than December 31, 2023, the Texas   Education Agency shall develop the model healthy and safe school   water plan required by Section 38.038, Education Code, as added by   this Act.          (b)  Not later than September 1, 2024, each school district   and open-enrollment charter school shall adopt a healthy and safe   school water plan as required by Section 38.038, 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, 2023.