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;
(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.
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 valid certificate of competency
issued under Section 341.034.
(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.
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.
Sec. 341.034. Water Supply System Operator: Certificate of Competency.
(a) The commission shall adopt rules establishing classes of
certificates, duration of certificates, and fees.
(b) Before a certificate of competency is issued or renewed
under this subchapter, an applicant for or holder of a
certificate must pay an annual $10 fee. On receipt of the
required fee, the commission shall issue to a qualified person a
certificate of competency.
(c) Fees collected by the commission under this section shall
be deposited to the credit of the commission occupational
licensing account.
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.
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.
Amended by 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/statutes
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.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.14, eff. Sept.
1, 1995. Renumbered from V.T.C.A., 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/statutes
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.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.14, eff. Sept.
1, 1995. Renumbered from V.T.C.A., 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/statutes
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.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.14, eff. Sept.
1, 1995. Renumbered from V.T.C.A., 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/statutes
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.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.14, eff. Sept.
1, 1995. Renumbered from V.T.C.A., 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. 341.036. 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 and the Texas State Board of Plumbing
Examiners by rule shall adopt and implement minimum standards for
the use and reuse of graywater in irrigation and for other
agricultural, domestic, commercial, and industrial purposes to
assure that the use of graywater is not a nuisance and does not
damage the quality of surface water and groundwater in this
state.
(b) 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.
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.
Sec. 341.040. Definition.
In this subchapter, commission means the Texas Natural Resource
Conservation Commission.
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.
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 to recover the costs of public drinking water supply
system programs or services authorized by this subchapter or
performed pursuant to the requirements of the federal Safe
Drinking Water Act (42 U.S.C. Section 300f et seq.). The
commission may establish a schedule of fees. The amount of the
fees may not exceed the reasonable costs of administering the
programs and services in this subchapter or the federal Safe
Drinking Water Act.
(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.
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.
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.
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, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
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.
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 board 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 board 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.
SUBCHAPTER E. AUTHORITY OF HOME-RULE MUNICIPALITIES
Sec. 341.081. Authority of Home-Rule Municipalities Not Affected.
This chapter prescribes the minimum requirements of sanitation
and health protection in this state and does not affect a
home-rule municipality's authority to enact:
(1) more stringent ordinances in matters relating to this
chapter; or
(2) an ordinance under:
(A) Article XI, Section V, of the Texas Constitution;
(B) Article 1175, Revised Statutes; or
(C) Section 51.072, Local Government Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 341.082. Appointment of Environmental Health Officer in Certain
Home-Rule Municipalities.
(a) In a home-rule municipality, an environmental health
officer may be appointed to enforce this chapter.
(b) The environmental health officer must be a registered
professional engineer. The officer must file a copy of the
officer's oath and appointment with the board.
(c) The environmental health officer shall assist the board in
enforcing this chapter and is subject to:
(1) the authority of the board; and
(2) removal from office in the same manner as a municipal
health authority.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 597, Sec. 76, eff. Sept. 1,
1991.
Amended by Acts 1997, 75th Leg., ch. 742, Sec. 1, eff. June 17,
1997.
SUBCHAPTER F. PENALTIES
Sec. 341.091. Criminal Penalty.
(a) A person commits an offense if the person violates this
chapter or a rule adopted under this chapter. An offense under
this section is a misdemeanor punishable by a fine of not less
than $10 or more than $200.
(b) If it is shown on the trial of the defendant that the
defendant has been convicted of an offense under this chapter
within a year before the date on which the offense being tried
occurred, the defendant shall be punished by a fine of not less
than $10 or more than $1,000, confinement in jail for not more
than 30 days, or both.
(c) Each day of a continuing violation is a separate offense.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 341.092. Civil Enforcement.
(a) A person may not cause, suffer, allow, or permit a
violation of this chapter or a rule adopted under this chapter.
(b) A person who violates this chapter or a rule adopted under
this chapter shall be assessed a civil penalty of not less than
$10 or more than $200 for each violation and for each day of a
continuing violation.
(c) If it is shown on the trial of the defendant that the
defendant has previously violated this section, the defendant
shall be assessed a civil penalty of not less than $10 or more
than $1,000 for each violation and for each day of a continuing
violation.
(d) If it appears that a person has violated, is violating, or
is threatening to violate this chapter or a rule adopted under
this chapter, the department, a county, a municipality, or the
attorney general on request by the district attorney, criminal
district attorney, county attorney, or, with the approval of the
governing body of the municipality, the attorney for the
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.
(e) The department is a necessary and indispensable party in a
suit brought by a county or municipality under this section.
(f) On the department's request, or as otherwise provided by
this chapter, the attorney general shall institute and conduct a
suit in the name of the state for injunctive relief, to recover a
civil penalty, or for both injunctive relief and civil penalty.
(g) The suit may be brought in Travis County, in the county in
which the defendant resides, or in the county in which the
violation or threat of violation occurs.
(h) In a suit under this section to enjoin a violation or
threat of violation of this chapter or a rule adopted under this
chapter, 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.
(i) Civil penalties recovered in a suit brought under this
section by a county or municipality through its own attorney
shall be equally divided between:
(1) the state; and
(2) the county or municipality that first brought the suit.
(j) The state is entitled to civil penalties recovered in a
suit instituted by the attorney general.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 648, Sec. 2, eff. Sept. 1,
1993