87R18612 MLH-D     By: Gervin-Hawkins H.B. No. 605     Substitute the following for H.B. No. 605:     By:  Dutton C.S.H.B. No. 605       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:                (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 water source in the   district, 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 may be used by a school district to   comply with 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 water sources at the district.          SECTION 2.  (a)  Not later than December 31, 2021, 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, 2022, 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, 2021.