HB 5552

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
(2)  reducing exposure to elevated levels of lead in
(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
(1)  restrict access to the water source;
(2)  determine and mitigate the source of the lead
(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
(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
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
(1)  "Commission" means the Texas Commission on
(2)  "Public school" means a school district or
open-enrollment charter school established under Subchapter D,
(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
(c)  The commission by rule, in accordance with 40 C.F.R.
Part 141, shall adopt standards for public drinking water supply
(1)  require sampling and testing for lead in public
(2)  establish a procedure for disabling a public
school water source with a level of lead that exceeds 15 parts per
(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
(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
(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
(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.