reglab/statecodes huggingface dataset:
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 C. Sanitary Standards of Drinking Water; Protection of Public Water Supplies and Bodies of Water › Section 341.031. Public Drinking Water

Sec. 341.031.  PUBLIC DRINKING WATER.  (a)  Public drinking water must be free from deleterious matter and must comply with the standards established by the commission or the United States Environmental Protection Agency.  The commission may adopt and enforce rules to implement the federal Safe Drinking Water Act (42 U.S.C. Section 300f et seq.).
(b)  In a public place or an establishment catering to the public, a common drinking cup may not be used.
(c)  Drinking water may not be served except in sanitary containers or through other sanitary mediums.
(d)  In this section, "common drinking cup" means a water or other beverage receptacle used for serving more than one person.  The term does not include a water or other beverage receptacle that is properly washed and sterilized after each use.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 353, Sec. 3, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1010, Sec. 6.18, eff. Sept. 1, 1997.
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 C. Sanitary Standards of Drinking Water; Protection of Public Water Supplies and Bodies of Water › Section 341.0315. Public Drinking Water Supply System Requirements

Sec. 341.0315.  PUBLIC DRINKING WATER SUPPLY SYSTEM REQUIREMENTS.  (a)  To preserve the public health, safety, and welfare, the commission shall ensure that public drinking water supply systems:
(1)  supply safe drinking water in adequate quantities;
(2)  are financially stable;  and
(3)  are technically sound.
(b)  The commission shall encourage and promote the development and use of regional and areawide drinking water supply systems.
(c)  Each public drinking water supply system shall provide an adequate and safe drinking water supply. The supply must:
(1)  meet the requirements of Section 341.031 and commission rules; and
(2)  provide a quantity of water or capacity of water sufficient to serve the number of connections served by the public drinking water supply system.
(c-1)  Notwithstanding any other law, the commission by rule shall establish connection equivalency values for each meter size used to serve a recreational vehicle park, as defined by Section 13.087, Water Code, for use in determining the number of connections served by a public drinking water supply system that provides service through meters.  When determining the number of connections, the commission may only consider service for which a meter has been installed that conforms with industry standards.  The rules must:
(1)  establish that eight recreational vehicle or cabin sites at a recreational vehicle park, whether occupied or not, are equivalent to one residential metered connection; and
(2)  provide a variance from a connection equivalency value established under this subsection for a public drinking water supply system if actual system usage is more than 10 percent below the equivalency value.
(d)  The commission shall consider compliance history in determining issuance of new permits, renewal permits, and permit amendments for a public drinking water system.
(e)  The commission shall establish a system to provide automatic reminders to public drinking water supply systems about regular reporting requirements applicable to the systems under the federal Safe Drinking Water Act (42 U.S.C. Section 300f et seq.) and this chapter that relate to commission rules adopted under those laws.  An automatic reminder provided under this subsection is a courtesy.  A public drinking water supply system is responsible for complying with applicable regular reporting requirements regardless of whether the commission provides automatic reminders.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 6.19, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 383 (H.B. 3142), Sec. 1, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 340 (S.B. 594), Sec. 1, eff. September 1, 2023.
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 C. Sanitary Standards of Drinking Water; Protection of Public Water Supplies and Bodies of Water › Section 341.0316. Desalination of Marine Seawater for Drinking Water

Sec. 341.0316.  DESALINATION OF MARINE SEAWATER FOR DRINKING WATER.  (a)  This section applies only to a desalination facility that is intended to treat marine seawater for the purpose of producing water for the public drinking water supply.  This section does not apply to a desalination facility used to produce nonpotable water.
(b)  The commission shall adopt rules to:
(1)  allow water treated by a desalination facility to be used as public drinking water; and
(2)  ensure that water treated by a desalination facility meets the requirements of Section 341.031 and rules adopted under that section.
(c)  A person may not begin construction of a desalination facility that treats marine seawater for the purpose of removing primary or secondary drinking water contaminants unless the commission approves the construction of the facility.
Added by Acts 2015, 84th Leg., R.S., Ch. 756 (H.B. 2031), Sec. 12, eff. June 17, 2015.
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 C. Sanitary Standards of Drinking Water; Protection of Public Water Supplies and Bodies of Water › Section 341.032. Drinking Water Provided by Common Carrier

Sec. 341.032.  DRINKING WATER PROVIDED BY COMMON CARRIER.  (a)  Drinking water provided by a common carrier or the common carrier's agent shall be taken only from supplies certified as meeting the standards established by the commission. The drinking water shall be kept and dispensed in a sanitary manner.
(b)  A watering point must meet the standards of sanitation and water-handling practices established for those purposes by the commission. The commission shall certify each watering point that meets those standards.
(c)  If a sanitary defect exists at the watering point, the commission shall issue a supplemental certification showing that the watering point is only provisionally approved.  If a sanitary defect continues after the expiration of a reasonable time provided to correct the defect, the commission shall notify the common carrier not to receive drinking water at the watering point involved.
(d)  In this section:
(1)  "Common carrier" means a licensed firm, corporation, or establishment that solicits and operates public freight or passenger transportation service, including a vehicle employed in that transportation service.
(2)  "Watering point" means a place where drinking water is placed aboard a vehicle operated as a common carrier.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.12, eff. Sept. 1, 1995.
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 C. Sanitary Standards of Drinking Water; Protection of Public Water Supplies and Bodies of Water › Section 341.034. Licensing and Registration of Persons Who Perform Duties Relating to Public Water Supplies

Sec. 341.034.  LICENSING AND REGISTRATION OF PERSONS WHO PERFORM DUTIES RELATING TO PUBLIC WATER SUPPLIES.  (a)  A person who operates a public water supply on a contract or volunteer basis must hold a registration issued by the commission under Chapter 37, Water Code.
(b)  A person who performs process control duties in production or distribution of drinking water for a public water system must hold a license issued by the commission under Chapter 37, Water Code, unless:
(1)  the duties are provided to a transient, noncommunity water system;  and
(2)  the water system uses groundwater that is not under the influence of surface water.
(c)  A person who repairs or tests the installation or operation of backflow prevention assemblies must hold a license issued by the commission under Chapter 37, Water Code.
(d)  A person who inspects homes and businesses to identify potential or actual cross-connections or other contaminant hazards in public water systems must hold a license issued by the commission under Chapter 37, Water Code, unless the person is licensed by the Texas State Board of Plumbing Examiners as a plumbing inspector or water supply protection specialist.
(e)  Unless the person is licensed by the Texas State Board of Plumbing Examiners, a person must hold a license issued by the commission under Chapter 37, Water Code, if, under a contract, the person:
(1)  installs, exchanges, connects, maintains, or services potable water treatment equipment and appliances in public or private water systems;  or
(2)  analyzes water to determine how to treat influent or effluent water, alter or purify water, or add or remove a mineral, chemical, or bacterial content or substance as part of the complete installation, exchange, connection, maintenance, or service of potable water treatment equipment and appliances.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.14, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 333, Sec. 33, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 880, Sec. 19, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 392 (H.B. 1146), Sec. 2, eff. September 1, 2015.
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 C. Sanitary Standards of Drinking Water; Protection of Public Water Supplies and Bodies of Water › Section 341.035. Approved Plans Required for Public Water Supplies

Sec. 341.035.  APPROVED PLANS REQUIRED FOR PUBLIC WATER SUPPLIES.  (a)  Except as provided by Subsection (d), a person may not begin construction of a public drinking water supply system unless the executive director of the commission approves:
(1)  a business plan for the system;  and
(2)  the plans and specifications for the system.
(b)  The prospective owner or operator of the system must submit to the executive director a business plan that demonstrates that the owner or operator of the proposed system has available the financial, managerial, and technical capability to ensure future operation of the system in accordance with applicable laws and rules.  The executive director:
(1)  shall review the business plan;  and
(2)  may order the prospective owner or operator of the system to provide adequate financial assurance of ability to operate the system in accordance with applicable laws and rules, in the form of a bond or as specified by the commission, unless the executive director finds that the business plan demonstrates adequate financial capability.
(c)  The prospective owner or operator of the proposed system shall provide to the commission completed plans and specifications for review and approval in accordance with commission rules.
(d)  A person is not required to file a business plan under Subsection (a)(1) or (b) if the person:
(1)  is a county;
(2)  is a retail public utility as defined by Section 13.002, Water Code, unless that person is a utility as defined by that section;
(3)  has executed an agreement with a political subdivision to transfer the ownership and operation of the water supply system to the political subdivision;
(4)  is a Class A utility, as defined by Section 13.002, Water Code, that has applied for or been granted an amendment of a certificate of convenience and necessity under Section 13.258, Water Code, for the area in which the construction of the public drinking water supply system will operate; or
(5)  is a noncommunity nontransient water system and the person has demonstrated financial assurance under Chapter 361 or 382 of this code or Chapter 26, Water Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.023, eff. Aug. 12, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 11.14, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1010, Sec. 6.20, eff. Sept. 1, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 948 (S.B. 1842), Sec. 5, eff. September 1, 2017.
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 C. Sanitary Standards of Drinking Water; Protection of Public Water Supplies and Bodies of Water › Section 341.0351. Notification of System Changes

Sec. 341.0351.  NOTIFICATION OF SYSTEM CHANGES.  Any person, including a municipality, supplying a drinking water service to the public that intends to make a material or major change in a water supply system that may affect the sanitary features of that utility must give written notice of that intention to the commission before making the change.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.023, eff. Aug. 12, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 11.14, eff. Sept. 1, 1995.  Renumbered from Health and Safety Code Sec. 341.035(b) and amended by Acts 1997, 75th Leg., ch. 1010, Sec. 6.20, eff. Sept. 1, 1997.
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 C. Sanitary Standards of Drinking Water; Protection of Public Water Supplies and Bodies of Water › Section 341.0352. Advertised Quality of Water Supply

Sec. 341.0352.  ADVERTISED QUALITY OF WATER SUPPLY.  A water supply system owner, manager, or operator or an agent of a water supply system owner, manager, or operator may not advertise or announce a water supply as being of a quality other than the quality that is disclosed by the commission's latest rating.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.023, eff. Aug. 12, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 11.14, eff. Sept. 1, 1995.  Renumbered from Health and Safety Code Sec. 341.035(c) by Acts 1997, 75th Leg., ch. 1010, Sec. 6.20, eff. Sept. 1, 1997.
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 C. Sanitary Standards of Drinking Water; Protection of Public Water Supplies and Bodies of Water › Section 341.0353. Drinking Water Supply Comparative Rating Information

Sec. 341.0353.  DRINKING WATER SUPPLY COMPARATIVE RATING INFORMATION.  The commission shall assemble and tabulate all necessary information relating to public drinking water supplies at least once each year and as often during the year as conditions demand or justify.  The information forms the basis of an official comparative rating of public drinking water supply systems.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.023, eff. Aug. 12, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 11.14, eff. Sept. 1, 1995.  Renumbered from Health and Safety Code Sec. 341.035(d) and amended by Acts 1997, 75th Leg., ch. 1010, Sec. 6.20, eff. Sept. 1, 1997.
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 C. Sanitary Standards of Drinking Water; Protection of Public Water Supplies and Bodies of Water › Section 341.0354. Highway Signs for Approved System Rating

Sec. 341.0354.  HIGHWAY SIGNS FOR APPROVED SYSTEM RATING.  A water supply system that attains an approved rating is entitled to erect signs of a design approved by the commission on highways approaching the municipality in which the water supply system is located.  The signs shall be immediately removed on notice from the commission if the water supply system does not continue to meet the specified standards.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.023, eff. Aug. 12, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 11.14, eff. Sept. 1, 1995.  Renumbered from Health and Safety Code Sec. 341.035(e) by Acts 1997, 75th Leg., ch. 1010, Sec. 6.20, eff. Sept. 1, 1997.
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 C. Sanitary Standards of Drinking Water; Protection of Public Water Supplies and Bodies of Water › Section 341.0355. Financial Assurance for Certain Systems

Sec. 341.0355.  FINANCIAL ASSURANCE FOR CERTAIN SYSTEMS.  (a)  The commission may require the owner or operator of a public drinking water supply system that was constructed without the approval required by Section 341.035, that has a history of noncompliance with this subchapter or commission rules, or that is subject to a commission enforcement action to:
(1)  provide the executive director of the commission with a business plan that demonstrates that the system has available the financial, managerial, and technical resources adequate to ensure future operation of the system in accordance with applicable laws and rules;  and
(2)  provide adequate financial assurance of the ability to operate the system in accordance with applicable laws and rules in the form of a bond or as specified by the commission.
(b)  If the commission relies on rate increases or customer surcharges as the form of financial assurance, such funds shall be deposited in an escrow account and released only with the approval of the commission.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 6.20, eff. Sept. 1, 1997.
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 C. Sanitary Standards of Drinking Water; Protection of Public Water Supplies and Bodies of Water › Section 341.0356. Order to Stop Operations

Sec. 341.0356.  ORDER TO STOP OPERATIONS.  (a)  A public water supply system shall stop operations on receipt of a written notification of the executive director of the commission or an order of the commission issued under this section.
(b)  The executive director or the commission may order a public water supply system to stop operations if:
(1)  the system was constructed without the approval required by Section 341.035;  or
(2)  the executive director determines that the system presents an imminent health hazard.
(c)  A notification or order issued under this section may be delivered by facsimile, by personal service, or by mail.
(d)  A water supply system subject to notification or an order under this section, on written request, is entitled to an opportunity to be heard by the commissioners at a commission meeting.
(e)  The public water supply system may not resume operations until the commission, the executive director, or a court authorizes the resumption.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 6.20, eff. Sept. 1, 1997.
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 C. Sanitary Standards of Drinking Water; Protection of Public Water Supplies and Bodies of Water › Section 341.0357. Identification Requirement for Device With Appearance of Fire Hydrant That Is Nonfunctioning or Unavailable for Use in Fire Emergency

Sec. 341.0357.  IDENTIFICATION REQUIREMENT FOR DEVICE WITH APPEARANCE OF FIRE HYDRANT THAT IS NONFUNCTIONING OR UNAVAILABLE FOR USE IN FIRE EMERGENCY.  (a)  The owner of any device having the appearance of a fire hydrant that is located in a place that an entity responsible for providing fire suppression services in a fire emergency would expect a fire hydrant to typically be located shall paint the device black if the device is nonfunctioning or otherwise unavailable for use by the entity providing fire suppression services in a fire emergency. The owner may place a black tarp over the device instead of painting the device black as required under this section if the device is temporarily nonfunctioning, or temporarily unavailable for use in a fire emergency, for a period not to exceed seven days.
(b)  For purposes of this section, a device is considered to be nonfunctioning if the device pumps less than 250 gallons of water per minute.
(c)  This section does not apply within the jurisdiction of a governmental entity that maintains its own system for labeling a device having the appearance of a fire hydrant that is nonfunctioning or otherwise unavailable for use in a fire emergency.
(d)  This section does not apply within the jurisdiction of a governmental entity described by Section 341.03571(b).
Added by Acts 2007, 80th Leg., R.S., Ch. 684 (H.B. 1717), Sec. 1, eff. June 15, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 951 (H.B. 1768), Sec. 1, eff. June 14, 2013.
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 C. Sanitary Standards of Drinking Water; Protection of Public Water Supplies and Bodies of Water › Section 341.036. Sanitary Defects at Public Drinking Water Supply Systems

Sec. 341.036.  SANITARY DEFECTS AT PUBLIC DRINKING WATER SUPPLY SYSTEMS.  (a)  A sanitary defect at a public drinking water supply system that obtains its water supply from underground sources shall be immediately corrected.
(b)  A public drinking water supply system furnishing drinking water from underground sources may not be established in a place subject to possible pollution by floodwaters unless the system is adequately protected against flooding.
(c)  Suction wells or suction pipes used in a public drinking water supply system must be constantly protected by practical safeguards against surface and subsurface pollution.
(d)  Livestock may not be permitted to enter or remain in the wellhouse enclosure of a public drinking water supply system.
(e)  Public drinking water distribution lines must be constructed of impervious materials with tight joints and must be a reasonably safe distance from sewer lines.
(f)  Water from a surface public drinking water supply may not be made accessible or delivered to a consumer for drinking purposes unless the water has been treated to make it safe for human consumption.  Water treatment plants, including aeration, coagulation, mixing, settling, filtration, and chlorinating units, shall be of a size and type prescribed by good public health engineering practices.
(g)  A clear water reservoir shall be covered and be of a type and construction that prevents the entrance of dust, insects, and surface seepage.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
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 C. Sanitary Standards of Drinking Water; Protection of Public Water Supplies and Bodies of Water › Section 341.037. Protection of Bodies of Water From Sewage

Sec. 341.037.  PROTECTION OF BODIES OF WATER FROM SEWAGE.  The commission shall enforce state laws and take other necessary action to protect a spring, well, pond, lake, reservoir, or other stream in this state from any condition or pollution that results from sewage and that may endanger the public health.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.15, eff. Sept. 1, 1995.
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 C. Sanitary Standards of Drinking Water; Protection of Public Water Supplies and Bodies of Water › Section 341.038. Protection of Impounded Water From Disease-Bearing Mosquitoes

Sec. 341.038.  PROTECTION OF IMPOUNDED WATER FROM DISEASE-BEARING MOSQUITOES.  A person that impounds water for public use shall cooperate with the commission and local departments of health to control disease-bearing mosquitoes on the impounded area.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.15, eff. Sept. 1, 1995.
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 C. Sanitary Standards of Drinking Water; Protection of Public Water Supplies and Bodies of Water › Section 341.0391. Direct Potable Reuse Guidance

Sec. 341.0391.  DIRECT POTABLE REUSE GUIDANCE.  (a)  In this section, "direct potable reuse" means the introduction of treated reclaimed municipal wastewater either:
(1)  directly into a public water system; or
(2)  into a raw water supply immediately before the water enters a drinking water treatment plant.
(b)  The commission shall develop and make available to the public a regulatory guidance manual to explain commission rules that apply to direct potable reuse.
Added by Acts 2021, 87th Leg., R.S., Ch. 304 (S.B. 905), Sec. 1, eff. September 1, 2021.
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 C. Sanitary Standards of Drinking Water; Protection of Public Water Supplies and Bodies of Water › Section 341.040. Definition

Sec. 341.040.  DEFINITION.  In this subchapter, "commission" means the Texas Commission on Environmental Quality.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.024, eff. Aug. 12, 1991.  Amended by Acts 1993, 73rd Leg., ch. 353, Sec. 1, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 11.17, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 861 (H.B. 1391), Sec. 2, eff. September 1, 2007.
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 C. Sanitary Standards of Drinking Water; Protection of Public Water Supplies and Bodies of Water › Section 341.041. Fees

Sec. 341.041.  FEES.  (a)  The commission by rule may charge fees to a person who owns, operates, or maintains a public drinking water supply system. The commission may establish a schedule of fees.  The amount of the fees must be sufficient to cover the reasonable costs of administering the programs and services in this subchapter or the federal Safe Drinking Water Act (42 U.S.C. Section 300f et seq.). Among other factors, the commission shall consider equity among persons required to pay the fees as a factor in determining the amount of the fees.  The commission may also use the fees to cover any other costs incurred to protect water resources in this state, including assessment of water quality, reasonably related to the activities of any of the persons required to pay a fee under the statutes listed in Section 5.701(q), Water Code.
(b)  The commission by rule may assess penalties and interest for late payment of fees owed by persons who own, operate, or maintain public drinking water supply systems.  Penalties and interest established under this section may not exceed the rates established for delinquent taxes under Sections 111.060 and 111.061, Tax Code.
(c)  Revenues collected by the commission under this subchapter shall be deposited to the credit of the water resource management account.
Added by Acts 1993, 73rd Leg., ch. 353, Sec. 2, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 333, Sec. 34, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 965, Sec. 3.07, eff. Sept. 1, 2001.
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 C. Sanitary Standards of Drinking Water; Protection of Public Water Supplies and Bodies of Water › Section 341.046. Nonapplicability of Subchapter F

Sec. 341.046.  NONAPPLICABILITY OF SUBCHAPTER F.  Subchapter F  does not apply to this subchapter.
Added by Acts 1993, 73rd Leg., ch. 353, Sec. 2, eff. Sept. 1, 1993.
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 C. Sanitary Standards of Drinking Water; Protection of Public Water Supplies and Bodies of Water › Section 341.047. Criminal Penalty

Sec. 341.047.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person:
(1)  violates a provision of Section 341.031;
(2)  violates a provision of Section 341.032(a) or (b);
(3)  violates a provision of Section 341.033(a)-(f);
(4)  constructs a drinking water supply system without submitting completed plans and specifications as required by Section 341.035(c);
(5)  begins construction of a drinking water supply system without the commission's approval as required by Section 341.035(a);
(6)  violates a provision of Section 341.0351 or 341.0352;
(7)  fails to remove a sign as required by Section 341.0354;  or
(8)  violates a provision of Section 341.036.
(b)  An offense under Subsection (a) is a Class C misdemeanor.
(c)  If it is shown on a trial of the defendant that the defendant has been convicted of an offense under Subsection (a) within a year before the date on which the offense being tried occurred, the subsequent offense under Subsection (a) is a Class B misdemeanor.
(d)  Each day of a continuing violation is a separate offense.
Added by Acts 1993, 73rd Leg., ch. 353, Sec. 2, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1010, Sec. 6.21, eff. Sept. 1, 1997.
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 C. Sanitary Standards of Drinking Water; Protection of Public Water Supplies and Bodies of Water › Section 341.048. Civil Enforcement

Sec. 341.048.  CIVIL ENFORCEMENT.  (a)  A person may not cause, suffer, allow, or permit a violation of this subchapter or a rule or order adopted under this subchapter.
(b)  A person who causes, suffers, allows, or permits a violation under this subchapter shall be assessed a civil penalty of not less than $50 and not more than $5,000 for each violation.  Each day of a continuing violation is a separate violation.
(c)  If it appears that a person has violated, is violating, or threatens to violate a provision under this subchapter, the commission, a county, or a municipality may institute a civil suit in a district court for:
(1)  injunctive relief to restrain the person from continuing the violation or threat of violation;
(2)  the assessment and recovery of a civil penalty;  or
(3)  both injunctive relief and a civil penalty.
(d)  The commission is a necessary and indispensable party in a suit brought by a county or municipality under this section.
(e)  On the commission's request, the attorney general shall institute a suit in the name of the state for injunctive relief, to recover a civil penalty, or for both injunctive relief and civil penalty.
(f)  The suit may be brought in:
(1)  Travis County;
(2)  the county in which the defendant resides;  or
(3)  the county in which the violation or threat of violation occurs.
(g)  In a suit under this section to enjoin a violation or threat of violation of this subchapter, the court shall grant the state, county, or municipality, without bond or other undertaking, any injunction that the facts may warrant including temporary restraining orders, temporary injunctions after notice and hearing, and permanent injunctions.
(h)  Civil penalties recovered in a suit brought under this section by a county or municipality shall be equally divided between:
(1)  the state;  and
(2)  the county or municipality that first brought the suit.
Added by Acts 1993, 73rd Leg., ch. 353, Sec. 2, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1010, Sec. 6.22, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 519 (S.B. 530), Sec. 1, eff. September 1, 2019.
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 C. Sanitary Standards of Drinking Water; Protection of Public Water Supplies and Bodies of Water › Section 341.0485. Water Utility Improvement Account

Sec. 341.0485.  WATER UTILITY IMPROVEMENT ACCOUNT.  (a)  The water utility improvement account is created outside of the state treasury.
(b)  A civil or administrative penalty payable to the state that is collected from a utility for a violation of this subchapter shall be deposited in the account.
(c)  The comptroller shall manage the account for the benefit of the commission and shall invest the money and deposit interest and other investment proceeds in the account.  The comptroller shall release money from the account in the manner provided by the commission.  Money in the account may be used only for:
(1)  capital improvements to the water or sewer system of a utility that has paid fines or penalties under this chapter or under Chapter 13, Water Code, that have been deposited in the account;  or
(2)  capital improvements and operating and maintenance expenses for a utility placed in receivership or under a temporary manager under Section 13.4132, Water Code.
(d)  Money used under Subsection (c)(1) for a utility's system may not exceed the amount of the civil or administrative penalties the utility has paid.  Capital improvements made with money from the account may not be considered as invested capital of the utility for any purpose.  If the utility is sold to another owner, a portion of the sales price equivalent to the percentage of the used and useful facilities that were constructed with money under Subsection (c)(1) shall be immediately distributed equally to the current customers of the utility.
(e)  Money used under Subsection (c)(2) may not be considered as invested capital of the utility for any purpose.
(f)  In this section, "utility" has the meaning assigned by Section 13.002, Water Code.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 6.32, eff. Sept. 1, 1997.
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 C. Sanitary Standards of Drinking Water; Protection of Public Water Supplies and Bodies of Water › Section 341.050. Penalties Cumulative

Sec. 341.050.  PENALTIES CUMULATIVE.  All penalties accruing under this subchapter are cumulative of all other remedies, and a suit for recovery of any penalty does not bar or affect the recovery of any other penalty or bar any criminal prosecution against a person or any officer, director, agent, or employee of that person.
Added by Acts 1993, 73rd Leg., ch. 353, Sec. 2, eff. Sept. 1, 1993.
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 341.061. Toilet Facilities

Sec. 341.061.  TOILET FACILITIES.  An operator, manager, or superintendent of a public building, schoolhouse, theater, filling station, tourist court, bus station, or tavern shall provide and maintain sanitary toilet accommodations.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
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 341.062. Public Buildings

Sec. 341.062.  PUBLIC BUILDINGS.  A public building constructed after September 4, 1945, shall incorporate the heating, ventilation, plumbing, and screening features necessary to protect the public health and safety.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
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 341.063. Sanitation of Bus Line, Airline, and Coastwise Vessel

Sec. 341.063.  SANITATION OF BUS LINE, AIRLINE, AND COASTWISE VESSEL.  A person managing or operating a bus line or airline in this state, or a person operating a coastwise vessel along the shores of this state, shall maintain sanitary conditions in its equipment and at all terminals or docking points.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
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 341.0645. Pool Safety

Sec. 341.0645.  POOL SAFETY.  (a)  An owner, manager, operator, or other attendant in charge of a public swimming pool, wading pool, baby pool, hot tub, in-ground spa, water park, spray fountain, or other artificial body of water typically used for recreational swimming, bathing, or play shall comply with relevant pool safety standards adopted under this section.
(b)  The executive commissioner shall adopt by rule pool safety standards necessary to prevent drowning. The standards must:
(1)  be at least as stringent as those imposed under the federal Virginia Graeme Baker Pool and Spa Safety Act (15 U.S.C. Section 8001 et seq.); and
(2)  comply with and adopt by reference a version of the International Swimming Pool and Spa Code, as defined by Section 214.103, Local Government Code, that is not older than the version in effect on May 1, 2019, regarding all construction, alteration, renovation, enlargement, and repair of commercial swimming pools and spas.
(c)  Notwithstanding Subsection (b), the department is not required to adopt Chapter 1 of the International Swimming Pool and Spa Code.
(d)  Subsection (b) does not affect requirements for pool yard enclosure imposed under Chapter 757.
(e)  The executive commissioner by rule shall authorize a minor addition, alteration, renovation, or repair to an existing pool or spa and related mechanical, electrical, and plumbing systems in the same manner and arrangement as the executive commissioner authorized the construction of the pool or spa and related mechanical, electrical, and plumbing systems.
(f)  A person may use, maintain, and repair a pool or spa that was in compliance with the laws of this state on August 31, 2021, and related mechanical, electrical, and plumbing systems in accordance with the laws applicable to the pool or system on that date.
(g)  Notwithstanding Subsection (b)(2), this section does not affect the authority of the executive commissioner to adopt rules regarding pool operation and management, water quality, safety standards unrelated to design and construction, signage, and enclosures.
Added by Acts 2009, 81st Leg., R.S., Ch. 828 (S.B. 1732), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0864, eff. April 2, 2015.
Acts 2017, 85th Leg., R.S., Ch. 821 (H.B. 1468), Sec. 4, eff. June 15, 2017.
Acts 2021, 87th Leg., R.S., Ch. 1013 (H.B. 2205), Sec. 1, eff. September 1, 2021.
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 341.065. School Buildings and Grounds

Sec. 341.065.  SCHOOL BUILDINGS AND GROUNDS.  (a)  A school building must be located on grounds that are well drained and maintained in a sanitary condition.
(b)  A school building must be properly ventilated and provided with an adequate supply of drinking water, an approved sewage disposal system, hand-washing facilities, a heating system, and lighting facilities that conform to established standards of good public health engineering practices.
(c)  A public school lunchroom must comply with the state food and drug rules.
(d)  A public school building and its appurtenances shall be maintained in a sanitary manner.
(e)  A building custodian or janitor employed full-time shall know the fundamentals of safety and school sanitation.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
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 341.066. Tourist Courts, Hotels, Inns, and Rooming Houses

Sec. 341.066.  TOURIST COURTS, HOTELS, INNS, AND ROOMING HOUSES.  (a)  A person operating a tourist court, hotel, inn, or rooming house in this state shall:
(1)  provide a safe and ample water supply for the general conduct of the tourist court, hotel, inn, or rooming house;  and
(2)  submit samples of the water at least once a year before May 1 to the department for bacteriological analysis.
(b)  A tourist court, hotel, inn, and rooming house must be equipped with an approved system of sewage disposal maintained in a sanitary condition.
(c)  An owner or operator of a tourist court, hotel, inn, or rooming house shall keep the premises sanitary and shall provide every practical facility essential for that purpose.
(d)  An owner or operator of a tourist court, hotel, inn, or rooming house who provides a gas stove for the heating of a unit in the facility shall determine that the stove is properly installed and maintained in a properly ventilated room.
(e)  An owner, operator, or manager of a tourist court, hotel, inn, or rooming house shall maintain sanitary appliances located in the facility in good repair.
(f)  Food offered for sale at a tourist court, hotel, inn, or rooming house shall be:
(1)  adequately protected from flies, dust, vermin, and spoilage;  and
(2)  kept in a sanitary condition.
(g)  An owner, manager, or agent of a tourist court, hotel, inn, or rooming house may not rent or furnish a unit to a person succeeding a previous occupant before:
(1)  thoroughly cleaning the unit;  and
(2)  providing clean and sanitary sheets, towels, and pillowcases.
(h)  An owner, operator, or manager of a tourist court, hotel, inn, or rooming house shall maintain the facility in a sanitary condition.
(i)  A tourist court, hotel, inn, or rooming house that does not conform to this chapter is a public health nuisance.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
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 341.067. Fairgrounds, Public Parks, and Amusement Centers

Sec. 341.067.  FAIRGROUNDS, PUBLIC PARKS, AND AMUSEMENT CENTERS.  (a)  A fairground, public park, or amusement center of any kind shall be maintained in a sanitary condition.
(b)  Food and beverages sold in a fairground, public park, or amusement center shall be:
(1)  adequately protected from flies, dust, vermin, and spoilage;  and
(2)  kept in a sanitary condition.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
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 341.068. Restroom Availability Where the Public Congregates

Sec. 341.068.  RESTROOM AVAILABILITY WHERE THE PUBLIC CONGREGATES.  (a)  Publicly and privately owned facilities where the public congregates shall be equipped with sufficient temporary or permanent restrooms to meet the needs of the public at peak hours.
(b)  The executive commissioner shall adopt rules to implement Subsection (a), including a rule that in providing sufficient restrooms a ratio of not less than 2:1 women's-to-men's restrooms or other minimum standards established in consultation with the Texas State Board of Plumbing Examiners shall be maintained if the use of the restrooms is designated by gender.  The rules shall apply to facilities where the public congregates and on which construction is started on or after January 1, 1994, or on which structural alterations, repairs, or improvements exceeding 50 percent of the entire facility are undertaken on or after January 1, 1994.
(c)  In this section:
(1)  "Facilities where the public congregates" means sports and entertainment arenas, stadiums, community and convention halls, specialty event centers, and amusement facilities.  The term does not include hotels, churches, restaurants, bowling centers, public or private elementary or secondary schools, or historic buildings.
(2)  "Restroom" means toilet, chemical toilet, or water closet.
(d)  The executive commissioner may adopt rules consistent with Subsection (c)(1) to define "facilities where the public congregates."
Added by Acts 1993, 73rd Leg., ch. 624, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0865, eff. April 2, 2015.