CHAPTER 341. MINIMUM STANDARDS OF SANITATION AND HEALTH PROTECTION MEASURES
HEALTH AND SAFETY CODE
TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY
SUBTITLE A. SANITATION
CHAPTER 341. MINIMUM STANDARDS OF SANITATION AND HEALTH
PROTECTION MEASURES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 341.001. DEFINITIONS. In this chapter:
(1) "Board" means the Texas Board of Health.
(2) "Department" means the Texas Department of Health.
(3) "Drinking water" means water distributed by an individual or
public or private agency for human consumption, for use in
preparing food or beverages, or for use in cleaning a utensil or
article used in preparing food or beverages for, or consuming
food or beverages by, human beings. The term includes water
supplied for human consumption or used by an institution catering
to the public.
(4) "Human excreta" means the urinary and bowel discharges of a
human.
(5) "Person" means an individual, corporation, organization,
government, business trust, partnership, association, or any
other legal entity.
(6) "Privy" means a facility for the disposal of human excreta.
(7) "Sanitary" means a condition of good order and cleanliness
that precludes the probability of disease transmission.
(8) "Septic tank" means a covered water-tight tank designed for
sewage treatment.
(9) "Toilet" means the hopper device for the deposit and
discharge of human excreta into a water carriage system.
(10) "Tourist court" means a camping place or group of two or
more mobile or permanent housing units operated as rental
property for the use of transient trade or trailer units housing
humans.
(11) "Water supply" means a source or reservoir of water
distributed and used for human consumption.
(12) "Water supply system operator" means a person who:
(A) is trained in the purification or distribution of a public
water supply;
(B) has a practical working knowledge of the chemistry and
bacteriology essential to the practical mechanics of water
purification; and
(C) is capable of conducting and maintaining the purification
processes in an efficient manner.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 341.002. RULES FOR SANITATION AND HEALTH PROTECTION. The
board may:
(1) adopt rules consistent with the purposes of this chapter;
and
(2) establish standards and procedures for the management and
control of sanitation and for health protection measures.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
SUBCHAPTER B. NUISANCES AND GENERAL SANITATION
Sec. 341.011. NUISANCE. Each of the following is a public
health nuisance:
(1) a condition or place that is a breeding place for flies and
that is in a populous area;
(2) spoiled or diseased meats intended for human consumption;
(3) a restaurant, food market, bakery, other place of business,
or vehicle in which food is prepared, packed, stored,
transported, sold, or served to the public and that is not
constantly maintained in a sanitary condition;
(4) a place, condition, or building controlled or operated by a
state or local government agency that is not maintained in a
sanitary condition;
(5) sewage, human excreta, wastewater, garbage, or other organic
wastes deposited, stored, discharged, or exposed in such a way as
to be a potential instrument or medium in disease transmission to
a person or between persons;
(6) a vehicle or container that is used to transport garbage,
human excreta, or other organic material and that is defective
and allows leakage or spilling of contents;
(7) a collection of water in which mosquitoes are breeding in
the limits of a municipality or a collection of water that is a
breeding area for Culex quinquefasciatus mosquitoes that can
transmit diseases regardless of the collection's location other
than a location or property where activities meeting the
definition of Section 11.002(12)(A), Water Code, occur;
(8) a condition that may be proven to injuriously affect the
public health and that may directly or indirectly result from the
operations of a bone boiling or fat rendering plant, tallow or
soap works, or other similar establishment;
(9) a place or condition harboring rats in a populous area;
(10) the presence of ectoparasites, including bedbugs, lice, and
mites, suspected to be disease carriers in a place in which
sleeping accommodations are offered to the public;
(11) the maintenance of an open surface privy or an overflowing
septic tank so that the contents may be accessible to flies; and
(12) an object, place, or condition that is a possible and
probable medium of disease transmission to or between humans.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 2003, 78th Leg., ch. 130, Sec. 1, eff. May 27,
2003.
Sec. 341.012. ABATEMENT OF NUISANCE. (a) A person shall abate
a public health nuisance existing in or on a place the person
possesses as soon as the person knows that the nuisance exists.
(b) A local health authority who receives information and proof
that a public health nuisance exists in the local health
authority's jurisdiction shall issue a written notice ordering
the abatement of the nuisance to any person responsible for the
nuisance. The local health authority shall at the same time send
a copy of the notice to the local municipal, county, or district
attorney.
(c) The notice must specify the nature of the public health
nuisance and designate a reasonable time within which the
nuisance must be abated.
(d) If the public health nuisance is not abated within the time
specified by the notice, the local health authority shall notify
the prosecuting attorney who received the copy of the original
notice. The prosecuting attorney:
(1) shall immediately institute proceedings to abate the public
health nuisance; or
(2) request the attorney general to institute the proceedings or
provide assistance in the prosecution of the proceedings,
including participation as an assistant prosecutor when appointed
by the prosecuting attorney.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 648, Sec. 1, eff. Sept. 1,
1993.
Sec. 341.013. GARBAGE, REFUSE, AND OTHER WASTE. (a) Premises
occupied or used as residences or for business or pleasure shall
be kept in a sanitary condition.
(b) Kitchen waste, laundry waste, or sewage may not be allowed
to accumulate in, discharge into, or flow into a public place,
gutter, street, or highway.
(c) Waste products, offal, polluting material, spent chemicals,
liquors, brines, garbage, rubbish, refuse, used tires, or other
waste of any kind may not be stored, deposited, or disposed of in
a manner that may cause the pollution of the surrounding land,
the contamination of groundwater or surface water, or the
breeding of insects or rodents.
(d) A person using or permitting the use of land as a public
dump shall provide for the covering or incineration of all animal
or vegetable matter deposited on the land and for the disposition
of other waste materials and rubbish to eliminate the possibility
that those materials and rubbish might be a breeding place for
insects or rodents.
(e) A person may not permit vacant or abandoned property owned
or controlled by the person to be in a condition that will create
a public health nuisance or other condition prejudicial to the
public health.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 341.014. DISPOSAL OF HUMAN EXCRETA. (a) Human excreta in
a populous area shall be disposed of through properly managed
sewers, treatment tanks, chemical toilets, or privies constructed
and maintained in conformity with the department's
specifications, or by other methods approved by the department.
The disposal system shall be sufficient to prevent the pollution
of surface soil, the contamination of a drinking water supply,
the infection of flies or cockroaches, or the creation of any
other public health nuisance.
(b) Effluent from septic tanks constructed after September 4,
1945, shall be disposed of through:
(1) a subsurface drainage field designed in accordance with good
public health engineering practices; or
(2) any other method that does not create a public health
nuisance.
(c) A privy may not be constructed within 75 feet of a drinking
water well or of a human habitation, other than a habitation to
which the privy is appurtenant, without approval by the local
health authority or the board. A privy may not be constructed or
maintained over an abandoned well or over a stream.
(d) The superstructure and floor surrounding the seat riser and
hopper device of a privy constructed and maintained in conformity
with the department's specifications shall be kept in a sanitary
condition at all times and must have adequate lighting and
ventilation.
(e) Material and human excreta removed from a privy vault or
from any other place shall be handled in a manner that does not
create a public health nuisance. The material and human excreta
may not be deposited within 300 feet of a highway unless buried
or treated in accordance with the instructions of the local
health authority or the board.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 341.015. SANITATION OF ICE PLANTS. (a) A person may not
go on the platform covering the tanks in which ice is frozen in
an ice factory unless the person is an officer, employee, or
other person whose duties require that action.
(b) An employee whose services are required on tanks shall be
provided with clean shoes or boots that may not be used for any
other purpose.
(c) Ice contaminated with sand, dirt, cinders, lint, or other
foreign substance may not be sold or offered for sale for human
consumption.
(d) Water used in the manufacturing of ice must be from an
approved source and be of a safe quality.
(e) An ice plant operator shall provide sanitary handwashing and
toilet facilities for the employees of the plant.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 341.016. SANITATION OF BUSINESSES; OCCUPATIONAL HEALTH AND
SAFETY. (a) A person may not use or permit to be used in a
business, manufacturing establishment, or other place of
employment a process, material, or condition known to have a
possible adverse effect on the health of the person's employees
unless arrangements have been made to maintain the occupational
environment in a manner that such injury will not occur.
(b) An industrial establishment shall be continually maintained
in a sanitary condition.
(c) The department shall make available to the state's citizens:
(1) current information concerning minimum allowable
concentrations of toxic gases; and
(2) environmental standards that relate to the health and safety
of the employees of industrial establishments in this state.
(d) The department shall survey industrial establishments to
study industrial health and sanitation issues, including water
supplies and distribution, waste disposal, and adverse conditions
caused by processes that may cause ill health of industrial
workers.
(e) The department shall give each surveyed establishment a
summary of the studies and findings under Subsection (d) and make
necessary recommendations for the adequate protection of the
health, safety, and well-being of the workers.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 341.017. SANITATION FACILITIES FOR RAILROAD
MAINTENANCE-OF-WAY EMPLOYEES. (a) The board shall adopt
reasonable rules to require railroads to provide adequate
sanitation facilities for railroad maintenance-of-way employees.
(b) The department may sue in a court of competent jurisdiction
to compel compliance with a rule adopted under this section.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 341.018. RODENT CONTROL. (a) A person who possesses an
enclosed structure used or operated for public trade and who
knows that the structure is infested with rodents shall:
(1) attempt to exterminate the rodents by poisoning, trapping,
fumigating, or other appropriate means; and
(2) provide every practical means of eliminating rats in the
structure.
(b) A public building that is constructed after September 4,
1945, must incorporate rat-proofing features.
(c) The board shall promote rodent control programs in
rat-infested areas and in localities in which typhus fever has
appeared.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
SUBCHAPTER C. SANITARY STANDARDS OF DRINKING WATER; PROTECTION OF
PUBLIC WATER SUPPLIES AND BODIES OF 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.
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 meet the
requirements of Section 341.031 and commission rules.
(d) The commission shall consider compliance history in
determining issuance of new permits, renewal permits, and permit
amendments for a public drinking water system.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 6.19, eff. Sept. 1,
1997.
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.
Sec. 341.033. PROTECTION OF PUBLIC WATER SUPPLIES. (a) A
person may not furnish drinking water to the public for a charge
unless the production, processing, treatment, and distribution
are at all times under the supervision of a water supply system
operator holding a license issued by the commission under Chapter
37, Water Code.
(b) An owner, agent, manager, operator, or other person in
charge of a water supply system that furnishes water for public
or private use may not knowingly furnish contaminated drinking
water to a person or allow the appliances of the water supply
system to become unsanitary.
(c) The owner or manager of a water supply system furnishing
drinking water to at least 25,000 persons shall have the water
tested at least once daily to determine its sanitary quality and
shall submit monthly reports of the tests to the commission.
(d) The owner or manager of a water supply system furnishing
drinking water to less than 25,000 persons shall submit to the
commission during each monthly period of the system's operation
at least one specimen of water taken from the supply for
bacteriological analysis. The population under this subsection
shall be determined according to the most recent federal census
or other population-determining methods if a federal census is
not taken for the area served by the water supply system.
(e) The distribution system of a public drinking water supply
and that of any other water supply may not be physically
connected unless the other water is of a safe and sanitary
quality and the commission approves the connection.
(f) A public drinking water supply may not be connected to a
sprinkling, condensing, cooling, plumbing, or other system unless
the connection is designed to ensure against a backflow or
siphonage of sewage or contaminated water into the drinking water
supply.
(g) On discovery of a connection in violation of Subsection (e)
or (f), the local health authority shall give written notice to
the owner or agent maintaining the condition. The owner or agent
shall make the necessary corrections to eliminate the condition.
(h) Subsections (a)-(d) do not apply to the production,
distribution, or sale of raw, untreated surface water.
(i) An owner, agent, manager, operator, or other person in
charge of a public water supply system that furnishes water for
public or private use or a wastewater system that provides
wastewater services for public or private use shall maintain
internal procedures to notify the commission immediately of the
following events, if the event may negatively impact the
production or delivery of safe and adequate drinking water:
(1) an unusual or unexplained unauthorized entry at property of
the public water supply or wastewater system;
(2) an act of terrorism against the public water supply or
wastewater system;
(3) an unauthorized attempt to probe for or gain access to
proprietary information that supports the key activities of the
public water supply or wastewater system;
(4) a theft of property that supports the key activities of the
public water supply or wastewater system; or
(5) a natural disaster, accident, or act that results in damage
to the public water supply or wastewater system.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.13, eff. Sept.
1, 1995; Acts 2001, 77th Leg., ch. 880, Sec. 18, eff. Sept. 1,
2001.
Amended by:
Acts 2005, 79th Leg., Ch.
1337, Sec. 18, eff. June 18, 2005.
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 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.
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; or
(4) 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.
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.
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.
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.
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.
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.
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.
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.
Added by Acts 2007, 80th Leg., R.S., Ch.
684, Sec. 1, eff. June 15, 2007.
Sec. 341.0358. PUBLIC SAFETY STANDARDS. (a) In this section:
(1) "Public utility" has the meaning assigned by Section 13.002,
Water Code.
(2) "Regulatory authority" has the meaning assigned by Section
13.002, Water Code.
(3) "Residential area" means:
(A) an area designated as a residential zoning district by a
governing ordinance or code or an area in which the principal
land use is for private residences;
(B) a subdivision for which a plat is recorded in the real
property records of the county and that contains or is bounded by
public streets or parts of public streets that are abutted by
residential property occupying at least 75 percent of the front
footage along the block face; or
(C) a subdivision a majority of the lots of which are subject to
deed restrictions limiting the lots to residential use.
(b) The regulatory authority for a public utility shall by rule
or ordinance adopt standards for installing fire hydrants and
maintaining sufficient water pressure for service to fire
hydrants adequate to protect public safety in residential areas
in a municipality with a population of 1,000,000 or more.
(c) The commission shall assess residential areas in a
municipality with a population of 1,000,000 or more to ensure
that:
(1) the regulatory authority for the area has adopted the
standards required by this section; and
(2) all public utilities serving the residential area are
complying with the standards required by this section.
(d) The commission shall require a municipality with a
population of 1,000,000 or more and acting as a regulatory
authority to make appropriate revisions to standards the
commission considers to be inadequate within a reasonable time
established by the commission.
(e) The commission shall require a public utility in violation
of a standard required under this section and established by the
commission or by a municipality with a population of 1,000,000 or
more and acting as a regulatory authority to comply with the
standard within a reasonable time established by the commission.
(f) This section does not limit the authority of a municipality
with a population of 1,000,000 or more and acting as a regulatory
authority to prohibit a public utility in violation of a standard
established by the municipality from recovering through the
public utility's rates a penalty or fine incurred for a violation
of a standard.
Added by Acts 2007, 80th Leg., R.S., Ch.
861, Sec. 1, eff. September 1, 2007.
Renumbered from Health and Safety Code, Section 341.0357 by Acts
2009, 81st Leg., R.S., Ch.
87, Sec. 27.001(54), eff. September 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
122, Sec. 2, eff. September 1, 2009.
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.
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.
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.
Sec. 341.039. GRAYWATER STANDARDS. (a) The commission by rule
shall adopt and implement minimum standards for the use and reuse
of graywater for:
(1) irrigation and other agricultural purposes;
(2) domestic use, to the extent consistent with Subsection (c);
(3) commercial purposes; and
(4) industrial purposes.
(b) The standards adopted by the commission under Subsection (a)
must assure that the use of graywater is not a nuisance and does
not damage the quality of surface water and groundwater in this
state.
(c) The commission may not require a permit for the domestic use
of less than 400 gallons of graywater each day if the graywater:
(1) originates from a private residence;
(2) is used by the occupants of that residence for gardening,
composting, or landscaping at the residence;
(3) is collected using a system that overflows into a sewage
collection or on-site wastewater treatment and disposal system;
(4) is stored in tanks that:
(A) are clearly labeled as nonpotable water;
(B) restrict access, especially to children; and
(C) eliminate habitat for mosquitoes and other vectors;
(5) uses piping clearly identified as a nonpotable water
conduit, including identification through the use of purple pipe,
purple tape, or similar markings;
(6) is generated without the formation of ponds or pools of
graywater;
(7) does not create runoff across the property lines or onto any
paved surface; and
(8) is distributed by a surface or subsurface system that does
not spray into the air.
(d) Each builder is encouraged to:
(1) install plumbing in new housing in a manner that provides
the capacity to collect graywater from all allowable sources; and
(2) design and install a subsurface graywater system around the
foundation of new housing in a way that minimizes foundation
movement or cracking.
(e) In this section, "graywater" means wastewater from
clothes-washing machines, showers, bathtubs, hand-washing
lavatories, and sinks that are not used for disposal of hazardous
or toxic ingredients. The term does not include wastewater:
(1) that has come in contact with toilet waste;
(2) from the washing of material, including diapers, soiled with
human excreta; or
(3) from sinks used for food preparation or disposal.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 233, Sec. 2, eff. Aug. 30,
1993; Acts 1995, 74th Leg., ch. 76, Sec. 11.16, eff. Sept. 1,
1995; Acts 2003, 78th Leg., ch. 689, Sec. 2, eff. Sept. 1, 2003.
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, Sec. 2, eff. September 1, 2007.
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.
Sec. 341.042. STANDARDS FOR HARVESTED RAINWATER. (a) The
commission shall establish recommended standards relating to the
domestic use of harvested rainwater, including health and safety
standards for treatment and collection methods for harvested
rainwater intended for drinking, cooking, or bathing.
(b) The commission by rule shall provide that if a structure is
connected to a public water supply system and has a rainwater
harvesting system for indoor use:
(1) the structure must have appropriate cross-connection
safeguards; and
(2) the rainwater harvesting system may be used only for
nonpotable indoor purposes.
(c) Standards and rules adopted by the commission under this
chapter governing public drinking water supply systems do not
apply to a person:
(1) who harvests rainwater for domestic use; and
(2) whose property is not connected to a public drinking water
supply system.
Added by Acts 2005, 79th Leg., Ch.
627, Sec. 2, eff. June 17, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1352, Sec. 11, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1430, Sec. 2.28, eff. September 1, 2007.
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.
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.
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 nor more than $1,000 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.
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.
Sec. 341.049. ADMINISTRATIVE PENALTY. (a) If a person causes,
suffers, allows, or permits a violation of this subchapter or a
rule or order adopted under this subchapter, the commission may
assess a penalty against that person as provided by this section.
The penalty shall not be less than $50 nor more than $1,000 for
each violation. Each day of a continuing violation may be
considered a separate violation.
(b) In determining the amount of the penalty, the commission
shall consider:
(1) the nature of the circumstances and the extent, duration,
and gravity of the prohibited acts or omissions;
(2) with respect to the alleged violator:
(A) the history and extent of previous violations;
(B) the degree of culpability, including whether the violation
was attributable to mechanical or electrical failures and whether
the violation could have been reasonably anticipated and avoided;
(C) the person's demonstrated good faith, including actions
taken by the person to correct the cause of the violation;
(D) any economic benefit gained through the violation; and
(E) the amount necessary to deter future violation; and
(3) any other matters that justice requires.
(c) If, after examination of a possible violation and the facts
surrounding that possible violation, the executive director of
the commission concludes that a violation has occurred, the
executive director may issue a preliminary report stating the
facts on which that conclusion is based, recommending that a
penalty under this section be imposed on the person, and
recommending the amount of that proposed penalty. The executive
director shall base the recommended amount of the proposed
penalty on the factors provided by Subsection (b) and shall
consider each factor for the benefit of the commission.
(d) Not later than the 10th day after the date on which the
preliminary report is issued, the executive director of the
commission shall give written notice of the report to the person
charged with the violation. The notice shall include a brief
summary of the charges, a statement of the amount of the penalty
recommended, and a statement of the right of the person charged
to a hearing on the occurrence of the violation, the amount of
the penalty, or both.
(e) Not later than the 20th day after the date on which notice
is received, the person charged may give the commission written
consent to the executive director's report including the
recommended penalty or may make a written request for a hearing.
(f) If the person charged with the violation consents to the
penalty recommended by the executive director of the commission
or fails to timely respond to the notice, the commission by order
shall assess that penalty or order a hearing to be held on the
findings and recommendations in the executive director's report.
If the commission assesses a penalty, the commission shall give
written notice of its decision to the person charged.
(g) If the person charged requests or the commission orders a
hearing, the commission shall call a hearing and give notice of
the hearing. As a result of the hearing, the commission by order
may find that a violation has occurred and may assess a civil
penalty, may find that a violation has occurred but that no
penalty should be assessed, or may find that no violation has
occurred. All proceedings under this subsection are subject to
Chapter 2001, Government Code. In making any penalty decision,
the commission shall consider each of the factors provided by
Subsection (b).
(h) The commission shall give notice of its decision to the
person charged, and if the commission finds that a violation has
occurred and the commission has assessed a penalty, the
commission shall give written notice to the person charged of its
findings, of the amount of the penalty, and of the person's right
to judicial review of the commission's order. If the commission
is required to give notice of a penalty under this subsection or
Subsection (f), the commission shall file notice of its decision
with the Texas Register not later than the 10th day after the
date on which the decision is adopted.
(i) Within a 30-day period immediately following the day on
which the commission's order is final, as provided by Subchapter
F, Chapter 2001, Government Code, the person charged with the
penalty shall:
(1) pay the penalty in full; or
(2) if the person seeks judicial review of the fact of the
violation, the amount of the penalty, or both:
(A) forward the amount of the penalty to the commission for
placement in an escrow account; or
(B) post with the commission a supersedeas bond in a form
approved by the commission for the amount of the penalty to be
effective until all judicial review of the order or decision is
final.
(j) If the person charged fails to forward the money for escrow
or post the bond as provided by Subsection (i), the commission or
the executive director of the commission may refer the matter to
the attorney general for enforcement.
Added by Acts 1993, 73rd Leg., ch. 353, Sec. 2, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49),
(59), eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1010, Sec.
6.23, eff. Sept. 1, 1997.
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.
SUBCHAPTER D. SANITATION AND SAFETY OF FACILITIES USED BY PUBLIC
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.
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.
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.
Sec. 341.064. SWIMMING POOLS AND BATHHOUSES. (a) An owner,
manager, operator, or other attendant in charge of a public
swimming pool shall maintain the pool in a sanitary condition.
(b) The bacterial content of the water in a public swimming pool
may not exceed the safe limits prescribed by the board's
standards. A minimum free residual chlorine of 2.0 parts for each
one million units of water in a public spa and a minimum free
residual chlorine of 1.0 part for each one million units of water
in other public swimming pools, or any other method of
disinfectant approved by the department, must be maintained in a
public swimming pool in use.
(c) Water in a swimming pool open to the public may not show an
acid reaction to a standard pH test.
(d) A public bathhouse and its surroundings shall be kept in a
sanitary condition at all times.
(e) Facilities shall be provided in a public swimming pool for
adequate protection of bathers against sputum contamination.
(f) A person known to be or suspected of being infected with a
transmissible condition of a communicable disease shall be
excluded from a public swimming pool.
(g) The construction and appliances of a public swimming pool
must be such as to reduce to a practical minimum the possibility
of drowning or of injury to bathers. The construction after
September 4, 1945, of a public swimming pool must conform to good
public health engineering practices.
(h) Bathing suits and towels furnished to bathers shall be
thoroughly washed with soap and hot water and thoroughly rinsed
and dried after each use.
(i) Dressing rooms of a public swimming pool shall contain
shower facilities.
(j) A comb or hairbrush used by two or more persons may not be
permitted or distributed in a bathhouse of a public swimming
pool.
(k) The operator or manager of a public swimming pool shall
provide adequate and proper approved facilities for the disposal
of human excreta by the bathers.
(l) In adopting rules governing lifesaving equipment to be
maintained by a public swimming pool, the board may not require a
separate throwing line longer than two-thirds the maximum width
of the pool.
(m) In this section, "public swimming pool" means an artificial
body of water, including a spa, maintained expressly for public
recreational purposes, swimming and similar aquatic sports, or
therapeutic purposes.
(n) A county or municipality may:
(1) require that the owner or operator of a public swimming pool
within the jurisdiction of the county or municipality obtain a
permit for operation of the pool;
(2) inspect a public swimming pool within the jurisdiction of
the county or municipality 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 the
following are met:
(A) the auditor for the county 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 refunds the permit holders any revenue determined
by the auditor to exceed the cost of the program.
(o) A county or municipality may by order close, for the period
specified in the order, a swimming pool within the jurisdiction
of the county or municipality if the operation of the pool
violates this section or a permitting or inspection requirement
imposed by the county or municipality under Subsection (n).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 339, Sec. 1, eff. Sept. 1,
1991; Acts 2003, 78th Leg., ch. 618, Sec. 1, eff. June 20, 2003.
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 pool
safety standards adopted under this section.
(b) The executive commissioner of the Health and Human Services
Commission shall adopt by rule pool safety standards necessary to
prevent drowning. The standards must 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.).
Added by Acts 2009, 81st Leg., R.S., Ch.
828, Sec. 1, eff. September 1, 2009.
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.
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, 71s