2005 Texas Health & Safety Code CHAPTER 372. ENVIRONMENTAL PERFORMANCE STANDARDS FOR PLUMBING FIXTURES

HEALTH & SAFETY CODE

CHAPTER 372. ENVIRONMENTAL PERFORMANCE STANDARDS FOR PLUMBING 
FIXTURES


	§ 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.
		(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.

Added by Acts 1991, 72nd Leg., ch. 293, § 2, eff. Sept. 1, 1991.  
Renumbered from § 421.001 by Acts 1991, 72nd Leg., 1st C.S., ch. 
3, § 1.047, eff. Aug. 12, 1991.  Amended by Acts 1991, 72nd Leg., 
1st C.S., ch. 3, § 1.048, eff. Aug. 12, 1991;  Acts 1995, 74th 
Leg., ch. 76, § 11.133, eff. Sept. 1, 1995;  Acts 2005, 79th 
Leg., ch. 1117, § 1, eff. Jan. 1, 2006.


	§ 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, § 2, eff. Jan. 1, 1992.  
Renumbered from § 421.002 by Acts 1991, 72nd Leg., 1st C.S., ch. 
3, § 1.047, eff. Aug. 12, 1991.  Amended by Acts 1995, 74th Leg., 
ch. 76, § 11.134, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 
333, § 71, eff. Sept. 1, 1997.


	§ 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, § 2, eff. Sept. 1, 1991.  
Renumbered from § 421.003 by Acts 1991, 72nd Leg., 1st C.S., ch. 
3, § 1.047, eff. Aug. 12, 1991.  Amended by Acts 1991, 72nd Leg., 
1st C.S., ch. 3, § 1.049, eff. Aug. 12, 1991;  Acts 1995, 74th 
Leg., ch. 76, § 11.135, eff. Sept. 1, 1995.


	§ 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 Chapter 1301, Occupations 
Code, violates this section, the Texas State Board of Plumbing 
Examiners may discipline the person under Subchapter I of that 
chapter as if a violation of this section were a violation of that 
chapter.
	(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, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 76, § 11.136, eff. Sept. 1, 
1995;  Acts 2003, 78th Leg., ch. 1276, § 14A.787, eff. Sept. 1, 
2003.


	§ 372.004. REPORT TO LEGISLATURE.  (a) In this section, 
"water consumption factor" has the meaning assigned by 10 C.F.R. 
Part 430, Subpart B, Appendix J, as that appendix existed on 
September 1, 2001.
	(b)  This section does not apply to a clothes-washing machine 
with a capacity of more than 3.5 cubic feet or less than 1.6 cubic 
feet.
	(c)  The commission shall report to the legislature not later 
than February 28 of each year on:
		(1)  the number of clothes-washing machines with a 
water consumption factor of more than 11 that were imported into 
this state during the preceding calendar year;
		(2)  the number of clothes-washing machines with a 
water consumption factor of more than 9.5 but not more than 11 that 
were imported into this state during the preceding calendar year;
		(3)  the number of clothes-washing machines with a 
water consumption factor of 9.5 or less that were imported into this 
state during the preceding calendar year;  and
		(4)  the average water consumption factor of all 
clothes-washing machines that were imported into this state during 
the preceding calendar year.
	(d)  The commission by rule shall require appropriate 
industry trade associations or other entities to provide the 
information described by Subsection (c) to the commission not later 
than January 31 of each year.

Added by Acts 2001, 77th Leg., ch. 1322, § 1, eff. Sept. 1, 2001.          


	§ 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.

Added by Acts 2005, 79th Leg., ch. 1117, § 2, eff. Jan. 1, 2006.