CHAPTER 372.  ENVIRONMENTAL PERFORMANCE STANDARDS FOR PLUMBING
FIXTURES

Sec. 372.001.  Definitions.

         In this chapter:

                       (1) "Commission" means the Texas Natural Resource
         Conservation Commission.

                       (2) "Executive director" means the executive director of the
         commission.

                       (3) "Plumbing fixture" means a sink faucet, lavatory faucet,
         faucet aerator, shower head, urinal, toilet, flush valve
         toilet, or drinking water fountain.

                       (4) "Toilet" means a toilet or water closet except a
         wall-mounted toilet that employs a flushometer or flush valve.

Added by Acts 1991, 72nd Leg., ch. 293, Sec. 2, eff. Sept. 1,
1991.  Renumbered from Sec. 421.001 by Acts 1991, 72nd Leg., 1st
C.S., ch. 3, Sec. 1.047, eff. Aug. 12, 1991.  Amended by Acts
1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.048, eff. Aug. 12, 1991.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.133, eff. Sept.
1, 1995.

Sec. 372.002.  Water Saving Performance Standards.

         (a) A person may not sell, offer for sale, distribute, or
import into this state a plumbing fixture for use in this state
unless:

                       (1) the plumbing fixture meets the water saving performance
         standards provided by Subsection (b); and

                       (2) the plumbing fixture is listed by the commission under
         Subsection (c).

         (b) The water saving performance standards for a plumbing
fixture are those established by the American National Standards
Institute or the following standards, whichever are more
restrictive:

                       (1) for a sink or lavatory faucet or a faucet aerator,
         maximum flow may not exceed 2.2 gallons of water per minute at
         a pressure of 60 pounds per square inch when tested according
         to testing procedures adopted by the commission;

                       (2) for a shower head, maximum flow may not exceed 2.75
         gallons of water per minute at a constant pressure over 80
         pounds per square inch when tested according to testing
         procedures adopted by the commission;

                       (3) for a urinal and the associated flush valve, if any,
         maximum flow may not exceed an average of one gallon of water
         per flushing when tested according to the hydraulic performance
         requirements adopted by the commission;

                       (4) for a toilet, maximum flow may not exceed an average of
         1.6 gallons of water per flushing when tested according to the
         hydraulic performance requirements adopted by the commission;

                       (5) for a wall-mounted toilet that employs a flushometer or
         flush valve, maximum flow may not exceed an average of two
         gallons of water per flushing or the flow rate established by
         the American National Standards Institute for ultra-low flush
         toilets, whichever is lower; and

                       (6) a drinking water fountain must be self-closing.

         (c) The commission shall make and maintain a current list of
plumbing fixtures that are certified to the commission by the
manufacturer or importer to meet the water saving performance
standards established by Subsection (b).  To have a plumbing
fixture included on the list, a manufacturer or importer must
supply to the commission, in the form prescribed by the
commission, the identification and the performance specifications
of the plumbing fixture.  The commission may test a listed
fixture to determine the accuracy of the manufacturer's or
importer's certification and shall remove from the list a fixture
the commission finds to be inaccurately certified.

         (d) The commission may assess against a manufacturer or an
importer a reasonable fee for an inspection of a product 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 and may be used only for the
administration of this chapter.

         (e) The commission shall, to the extent appropriate and
practical, employ the standards designated American National
Standards by the American National Standards Institute in
determining or evaluating performance standards or testing
procedures under this chapter.

         (f) This section does not apply to:

                       (1) a plumbing fixture that has been ordered by or is in the
         inventory of a building contractor or a wholesaler or retailer
         of plumbing fixtures on January 1, 1992;

                       (2) a fixture, such as a safety shower or aspirator faucet,
         that, because of the fixture's specialized function, cannot
         meet the standards provided by this section;

                       (3) a fixture originally installed before January 1, 1992,
         that is removed and reinstalled in the same building on or
         after that date; or

                       (4) a fixture imported only for use at the importer's
         domicile.

Added by Acts 1991, 72nd Leg., ch. 293, Sec. 2, eff. Jan. 1,
1992.  Renumbered from Sec. 421.002 by Acts 1991, 72nd Leg., 1st
C.S., ch. 3, Sec. 1.047, eff. Aug. 12, 1991.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.134, eff. Sept.
1, 1995; Acts 1997, 75th Leg., ch. 333, Sec. 71, eff. Sept. 1,
1997.

Sec. 372.003.  Labeling Requirements.

         (a) A person may not sell, offer for sale, distribute, or
import into this state a plumbing fixture unless the plumbing
fixture, including each component of a toilet, flush valve
toilet, or urinal, and the associated packaging are marked and
labeled in accordance with the rules adopted by the commission.

         (b) The commission shall adopt rules for the marking or
labeling of plumbing fixtures.  The rules must require
information concerning water-saving measures to be included in
required marks or labels.  In developing marking or labeling
requirements, the commission shall consider the technological and
economical feasibility of a mark or label.

         (c) The commission by rule shall prohibit the sale, offering
for sale, distribution, or importation into this state of a new
commercial or residential clothes-washing machine, dish-washing
machine, or lawn sprinkler unless:

                       (1) the manufacturer has furnished to the commission, in the
         form prescribed by the commission, the identification and
         performance specifications of the device; and

                       (2) the clothes-washing or dish-washing machine or lawn
         sprinkler is labeled in accordance with rules adopted by the
         commission with a statement that describes the device's water
         use characteristics.

         (d) Rules adopted or amended under this section shall be
developed by the commission in conjunction with a technical
advisory panel of designated representatives of the Texas Water
Development Board and the Texas State Board of Plumbing
Examiners.

         (e) This section shall not apply to those clothes-washing or
dish-washing machines that are subject to and in compliance with
the labeling requirements of the National Appliance Energy
Conservation Act of 1987, Public Law 100-12.

Added by Acts 1991, 72nd Leg., ch. 293, Sec. 2, eff. Sept. 1,
1991.  Renumbered from Sec. 421.003 by Acts 1991, 72nd Leg., 1st
C.S., ch. 3, Sec. 1.047, eff. Aug. 12, 1991.  Amended by Acts
1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.049, eff. Aug. 12, 1991.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.135, eff. Sept.
1, 1995.

Sec. 372.0035.  Lead in Plumbing Fixtures, Pipe, and Pipe Fitting.

         (a) A person may not sell or offer for sale a plumbing fixture,
pipe, or pipe fitting that contains more than eight percent lead
for installing or repairing:

                       (1) a public drinking water system; or

                       (2) plumbing that provides water for human consumption and
         is connected to a public drinking water system.

         (b) A person may not sell or offer for sale solder or flux that
contains more than two-tenths percent lead for installing or
repairing:

                       (1) a public drinking water system; or

                       (2) plumbing that provides water for human consumption and
         is connected to a public drinking water system.

         (c) For purposes of this section, a person engaged in the
business of installing or repairing plumbing is considered to
have sold or offered for sale a plumbing fixture, pipe, pipe
fitting, solder, or flux if the person uses or offers to use the
fixture, pipe, fitting, solder, or flux to install or repair
plumbing.

         (d) This section does not prohibit the sale or offer for sale
of a lead joint necessary for the repair of cast-iron pipe.  The
commission shall adopt rules to implement this subsection.

         (e) The commission may adopt rules to implement this section.

         (f) If a person licensed under The Plumbing License Law
(Article 6243-101, Vernon's Texas Civil Statutes) violates this
section, the Texas State Board of Plumbing Examiners may
discipline the person under Section 9 of that Act as if a
violation of this section were a violation of that Act.

         (g) A person commits an offense if the person violates
Subsection (a) or (b).  An offense under this subsection is a
Class C misdemeanor.  Each violation is a separate offense and
each day of a continuing violation is a separate offense.

         (h) A field representative of the Texas State Board of Plumbing
Examiners or, within the jurisdiction of a municipality, a
municipal plumbing inspector may issue a citation to a person who
violates this section.

Added by Acts 1993, 73rd Leg., ch. 751, Sec. 1, eff. Sept. 1,
1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.136, eff.
Sept. 1, 1995