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H.B. No. 2428
AN ACT
relating to water and energy saving performance standards for
commercial prerinse spray valves.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 372.001, Health and Safety Code, is
amended by adding Subdivision (5) to read as follows:
(5) "Commercial prerinse spray valve" means a handheld
device that is designed and marketed for use with commercial
dishwashing and ware washing equipment and that is used to spray
water on dishes, flatware, and other food service items to remove
food residue before the items are cleaned in a dishwasher or ware
washer or by hand.
SECTION 2. Chapter 372, Health and Safety Code, is amended
by adding Section 372.005 to read as follows:
Sec. 372.005. COMMERCIAL PRERINSE SPRAY VALVE PERFORMANCE
STANDARDS. (a) A person may not sell, offer for sale, distribute,
lease, or import into this state a commercial prerinse spray valve
for use in this state unless the prerinse spray valve:
(1) has a flow rate of 1.6 gallons of water per minute
or less, as determined using the standard test method for prerinse
spray valves developed by the American Society for Testing and
Materials as specified in ASTM F2324-03 as that method existed on
January 1, 2006; and
(2) is listed by the commission under Subsection (b).
(b) The commission shall make and maintain a current list of
commercial prerinse spray valves that are certified to the
commission by the manufacturer or importer to meet the performance
standards provided by Subsection (a)(1). To have a commercial
prerinse spray valve included on the list, the manufacturer or
importer must supply to the commission, in the form prescribed by
the commission, the identification and the performance
specifications of the prerinse spray valve. The commission may
test a listed commercial prerinse spray valve to determine the
accuracy of the manufacturer's or importer's certification and
shall remove from the list a prerinse spray valve the commission
determines to be inaccurately certified.
(c) The commission may assess against a manufacturer or an
importer a reasonable fee for an inspection of a commercial
prerinse spray valve to determine the accuracy of the
manufacturer's or importer's certification in an amount determined
by the commission to cover the expenses incurred in the
administration of this chapter. A fee received by the commission
under this subsection shall be deposited in the state treasury to
the credit of the water resource management account. Fees deposited
under this section may be appropriated only for the administration
of this chapter.
SECTION 3. Section 372.005, Health and Safety Code, as
added by this Act, does not apply to a commercial prerinse spray
valve that:
(1) as of January 1, 2006:
(A) is in the inventory of a commercial prerinse
spray valve retailer, distributor, lessor, or importer; or
(B) has been ordered by a commercial prerinse
spray valve retailer, distributor, lessor, or importer and is
delivered before February 1, 2006; and
(2) is sold before September 1, 2006.
SECTION 4. This Act takes effect January 1, 2006.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2428 was passed by the House on April
22, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2428 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor