85R26377 SLB-F     By: Collier, Koop, Capriglione H.B. No. 2395     Substitute the following for H.B. No. 2395:     By:  Bernal C.S.H.B. No. 2395       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 C, Chapter 341, Health and Safety   Code, is amended by adding Sections 341.0317 and 341.0318 to read as   follows:          Sec. 341.0317.  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)  "Open-enrollment charter school" means a school   that has been granted a charter under Subchapter D, Chapter 12,   Education Code.                (3)  "Safe Drinking Water Act" means the federal Safe   Drinking Water Act (42 U.S.C. Section 300f et seq.).                (4)  "School district" means any independent school   district.          (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 school district or   open-enrollment charter school.  The school district or   open-enrollment charter 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 (f),   the affected school district or open-enrollment charter school   shall:                (1)  continue weekly first-draw tap tests of the   building's potable water outlet under this section until three   consecutive weekly tests confirm the water is safe for human   consumption; and                (2)  provide the occupants of the building with an   adequate supply of safe, potable drinking water until future tests   indicate lead levels in the water are 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 school district or open-enrollment charter school has fewer   than 1,000 students and the school district or open-enrollment   charter school is unable to secure funding for the tests from grants   or donations.          (f)  The commission, in consultation with the commissioner   of education, 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.          Sec. 341.0318.  RESULTS OF TESTING FOR LEAD CONTAMINATION IN   PUBLIC SCHOOL DRINKING WATER; REPORT.  (a)  In this section,   "first-draw tap test," "open-enrollment charter school," and   "school district" have the meanings assigned by Section 341.0317.          (b)  Each school district and open-enrollment charter school   that conducts lead testing under Section 341.0317 shall make the   test results and any lead remediation plan available to the public   by:                (1)  posting the information on the Internet website of   the school district or open-enrollment charter school; or                (2)  any other method the school district or   open-enrollment charter school considers appropriate.          (c)  Each school district and open-enrollment charter school   shall submit the information described by Subsection (b), in a   format approved by the commission, to:                (1)  the commission; and                (2)  each local health authority with jurisdiction in   the municipality or county in which the school district or   open-enrollment charter school is located.          (d)  Not later than December 1 of each even-numbered year,   the commission shall submit to the governor, the lieutenant   governor, the speaker of the house of representatives, and each   member of the legislature a report that includes the findings from   the first-draw tap tests conducted under Section 341.0317.          SECTION 2.  (a) Except as provided by Subsection (b) of this   section, this Act applies beginning with the 2018-2019 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 2020-2021 school   year.          SECTION 3.  This Act takes effect September 1, 2017.