S.B. No. 968
 
 
 
 
AN ACT
  relating to interactive water features and fountains.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 341, Health and Safety
  Code, is amended by adding Section 341.0695 to read as follows:
         Sec. 341.0695.  INTERACTIVE WATER FEATURES AND FOUNTAINS.
  (a)  In this section, "interactive water feature or fountain" means
  an installation that includes water sprays, dancing water jets,
  waterfalls, dumping buckets, or shooting water cannons and that is
  maintained for public recreation.
         (b)  An owner, manager, operator, or other attendant in
  charge of an interactive water feature or fountain shall maintain
  the water feature or fountain in a sanitary condition.
         (c)  The bacterial content of the water in an interactive
  water feature or fountain may not exceed the safe limits prescribed
  by the standards adopted under this chapter.
         (d)  Except as provided by Subsection (f), a minimum free
  residual chlorine of 1.0 part for each one million units of water
  used in an interactive water feature or fountain must be
  maintained.
         (e)  Water in an interactive water feature or fountain may
  not show an acid reaction to a standard pH test.
         (f)  The department may by rule adopt methods other than
  chlorination for the purpose of disinfecting interactive water
  features and fountains.
         (g)  An interactive water feature or fountain that is
  supplied entirely by drinking water that is not recirculated is not
  subject to Subsections (d) and (e).
         (h)  A person known to be or suspected of being infected with
  a transmissible condition of a communicable disease shall be
  excluded from an interactive water feature or fountain.
         (i)  A county, a municipality, or the department may:
               (1)  require that the owner or operator of an
  interactive water feature or fountain obtain a permit for operation
  of the water feature or fountain;
               (2)  inspect an interactive water feature or fountain
  for compliance with this section; and
               (3)  impose and collect a reasonable fee in connection
  with a permit or inspection required under this subsection
  provided, if the requirement is imposed by a county or
  municipality, the following are met:
                     (A)  the auditor for the county or municipality
  shall review the program every two years to ensure that the fees
  imposed do not exceed the cost of the program; and
                     (B)  the county or municipality refunds the permit
  holders any revenue determined by the auditor to exceed the cost of
  the program.
         (j)  A county, a municipality, or the department may by order
  close, for the period specified in the order, an interactive water
  feature or fountain if the operation of the fountain or water
  feature violates this section or a permitting or inspection
  requirement imposed under Subsection (i).
         (k)  This section does not apply to a recreational water park
  that uses freshwater originating from a natural watercourse for
  recreational purposes and releases the freshwater back into the
  same natural watercourse.
         SECTION 2.  (a)  Not later than the 30th day after the
  effective date of this Act, the executive commissioner of the
  Health and Human Services Commission shall adopt emergency rules in
  accordance with Section 2001.034, Government Code, as necessary to
  implement Section 341.0695, Health and Safety Code, as added by
  this Act.
         (b)  An owner, manager, operator, or other attendant in
  charge of an interactive water feature or fountain is not required
  to comply with Section 341.0695, Health and Safety Code, as added by
  this Act, before the fifth day after the date rules are adopted
  under Subsection (a) of this section.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 968 passed the Senate on
  April 9, 2009, by the following vote:  Yeas 31, Nays 0;
  May 29, 2009, Senate refused to concur in House amendments and
  requested appointment of Conference Committee; May 30, 2009, House
  granted request of the Senate; May 31, 2009, Senate adopted
  Conference Committee Report by the following vote:  Yeas 31,
  Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 968 passed the House, with
  amendments, on May 20, 2009, by the following vote:  Yeas 111,
  Nays 34, two present not voting; May 30, 2009, House granted
  request of the Senate for appointment of Conference Committee;
  May 31, 2009, House adopted Conference Committee Report by the
  following vote:  Yeas 124, Nays 21, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor