2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle A - Sanitation › Chapter 341 - Minimum Standards of Sanitation and Health Protection Measures › Subchapter D. Sanitation and Safety of Facilities Used by Public › Section 341.0695. Interactive Water Features and Fountains

Sec. 341.0695.  INTERACTIVE WATER FEATURES AND FOUNTAINS.  (a)  In this section, "interactive water feature or fountain" means an installation that includes water sprays, dancing water jets, waterfalls, dumping buckets, or shooting water cannons and that is maintained for public recreation.
(b)  An owner, manager, operator, or other attendant in charge of an interactive water feature or fountain shall maintain the water feature or fountain in a sanitary condition.
(c)  The bacterial content of the water in an interactive water feature or fountain may not exceed the safe limits prescribed by the standards adopted under this chapter.
(d)  Except as provided by Subsection (f), a minimum free residual chlorine of 1.0 part for each one million units of water used in an interactive water feature or fountain must be maintained.
(e)  Water in an interactive water feature or fountain may not show an acid reaction to a standard pH test.
(f)  The executive commissioner may by rule adopt methods other than chlorination for the purpose of disinfecting interactive water features and fountains.
(g)  An interactive water feature or fountain that is supplied entirely by drinking water that is not recirculated is not subject to Subsections (d) and (e).
(h)  A person known to be or suspected of being infected with a transmissible condition of a communicable disease shall be excluded from an interactive water feature or fountain.
(i)  A county, a municipality, or the department may:
(1)  require that the owner or operator of an interactive water feature or fountain obtain a permit for operation of the water feature or fountain;
(2)  inspect an interactive water feature or fountain for compliance with this section; and
(3)  impose and collect a reasonable fee in connection with a permit or inspection required under this subsection provided, if the requirement is imposed by a county or municipality, the following are met:
(A)  the auditor for the county or municipality shall review the program every two years to ensure that the fees imposed do not exceed the cost of the program; and
(B)  the county or municipality refunds the permit holders any revenue determined by the auditor to exceed the cost of the program.
(i-1)  The executive commissioner by rule shall prescribe the amount of the fee the department may collect under Subsection (i).
(j)  A county, a municipality, or the department may by order close, for the period specified in the order, an interactive water feature or fountain if the operation of the fountain or water feature violates this section or a permitting or inspection requirement imposed under Subsection (i).
(k)  This section does not apply to a recreational water park that uses freshwater originating from a natural watercourse for recreational purposes and releases the freshwater back into the same natural watercourse.
Added by Acts 2009, 81st Leg., R.S., Ch. 1375 (S.B. 968), Sec. 1, eff. June 19, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0866, eff. April 2, 2015.