CHAPTER 341. MINIMUM STANDARDS OF SANITATION AND HEALTH PROTECTION MEASURES

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-5-sanitation-and-environmental-quality > Chapter-341-minimum-standards-of-sanitation-and-health-protection-measures

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

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 or a collection of water that is a

breeding area for Culex quinquefasciatus mosquitoes that can

transmit diseases regardless of the collection's location other

than a location or property where activities meeting the

definition of Section 11.002(12)(A), Water Code, occur;

(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.

Amended by Acts 2003, 78th Leg., ch. 130, Sec. 1, eff. May 27,

2003.

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.

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.

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.

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.

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.

(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.

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.

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.

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.

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 license issued by the commission under Chapter

37, Water Code.

(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.

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.

(i) An owner, agent, manager, operator, or other person in

charge of a public water supply system that furnishes water for

public or private use or a wastewater system that provides

wastewater services for public or private use shall maintain

internal procedures to notify the commission immediately of the

following events, if the event may negatively impact the

production or delivery of safe and adequate drinking water:

(1) an unusual or unexplained unauthorized entry at property of

the public water supply or wastewater system;

(2) an act of terrorism against the public water supply or

wastewater system;

(3) an unauthorized attempt to probe for or gain access to

proprietary information that supports the key activities of the

public water supply or wastewater system;

(4) a theft of property that supports the key activities of the

public water supply or wastewater system; or

(5) a natural disaster, accident, or act that results in damage

to the public water supply or wastewater system.

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; Acts 2001, 77th Leg., ch. 880, Sec. 18, eff. Sept. 1,

2001.

Amended by:

Acts 2005, 79th Leg., Ch.

1337, Sec. 18, eff. June 18, 2005.

Sec. 341.034. LICENSING AND REGISTRATION OF PERSONS WHO PERFORM

DUTIES RELATING TO PUBLIC WATER SUPPLIES. (a) A person who

operates a public water supply on a contract basis must hold a

registration issued by the commission under Chapter 37, Water

Code.

(b) A person who performs process control duties in production

or distribution of drinking water for a public water system must

hold a license issued by the commission under Chapter 37, Water

Code, unless:

(1) the duties are provided to a transient, noncommunity water

system; and

(2) the water system uses groundwater that is not under the

influence of surface water.

of backflow prevention assemblies must hold a license issued by

the commission under Chapter 37, Water Code.

(d) A person who inspects homes and businesses to identify

potential or actual cross-connections or other contaminant

hazards in public water systems must hold a license issued by the

commission under Chapter 37, Water Code, unless the person is

licensed by the Texas State Board of Plumbing Examiners as a

plumbing inspector or water supply protection specialist.

(e) Unless the person is licensed by the Texas State Board of

Plumbing Examiners, a person must hold a license issued by the

commission under Chapter 37, Water Code, if, under a contract,

the person:

(1) installs, exchanges, connects, maintains, or services

potable water treatment equipment and appliances in public or

private water systems; or

(2) analyzes water to determine how to treat influent or

effluent water, alter or purify water, or add or remove a

mineral, chemical, or bacterial content or substance as part of

the complete installation, exchange, connection, maintenance, or

service of potable water treatment equipment and appliances.

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; Acts 2001, 77th Leg., ch. 880, Sec. 19, eff. Sept. 1, 2001.

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.

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; 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. 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; Acts 1995, 74th Leg., ch. 76, Sec. 11.14,

eff. Sept. 1, 1995. Renumbered from 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. 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; Acts 1995, 74th Leg., ch. 76, Sec. 11.14,

eff. Sept. 1, 1995. Renumbered from 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. 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; Acts 1995, 74th Leg., ch. 76, Sec. 11.14,

eff. Sept. 1, 1995. Renumbered from 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. 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; Acts 1995, 74th Leg., ch. 76, Sec. 11.14,

eff. Sept. 1, 1995. Renumbered from 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.

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. 341.0357. IDENTIFICATION REQUIREMENT FOR DEVICE WITH

APPEARANCE OF FIRE HYDRANT THAT IS NONFUNCTIONING OR UNAVAILABLE

FOR USE IN FIRE EMERGENCY. (a) The owner of any device having

the appearance of a fire hydrant that is located in a place that

an entity responsible for providing fire suppression services in

a fire emergency would expect a fire hydrant to typically be

located shall paint the device black if the device is

nonfunctioning or otherwise unavailable for use by the entity

providing fire suppression services in a fire emergency. The

owner may place a black tarp over the device instead of painting

the device black as required under this section if the device is

temporarily nonfunctioning, or temporarily unavailable for use in

a fire emergency, for a period not to exceed seven days.

(b) For purposes of this section, a device is considered to be

nonfunctioning if the device pumps less than 250 gallons of water

per minute.

governmental entity that maintains its own system for labeling a

device having the appearance of a fire hydrant that is

nonfunctioning or otherwise unavailable for use in a fire

emergency.

Added by Acts 2007, 80th Leg., R.S., Ch.

684, Sec. 1, eff. June 15, 2007.

Sec. 341.0358. PUBLIC SAFETY STANDARDS. (a) In this section:

(1) "Public utility" has the meaning assigned by Section 13.002,

Water Code.

(2) "Regulatory authority" has the meaning assigned by Section

13.002, Water Code.

(3) "Residential area" means:

(A) an area designated as a residential zoning district by a

governing ordinance or code or an area in which the principal

land use is for private residences;

(B) a subdivision for which a plat is recorded in the real

property records of the county and that contains or is bounded by

public streets or parts of public streets that are abutted by

residential property occupying at least 75 percent of the front

footage along the block face; or

deed restrictions limiting the lots to residential use.

(b) The regulatory authority for a public utility shall by rule

or ordinance adopt standards for installing fire hydrants and

maintaining sufficient water pressure for service to fire

hydrants adequate to protect public safety in residential areas

in a municipality with a population of 1,000,000 or more.

municipality with a population of 1,000,000 or more to ensure

that:

(1) the regulatory authority for the area has adopted the

standards required by this section; and

(2) all public utilities serving the residential area are

complying with the standards required by this section.

(d) The commission shall require a municipality with a

population of 1,000,000 or more and acting as a regulatory

authority to make appropriate revisions to standards the

commission considers to be inadequate within a reasonable time

established by the commission.

(e) The commission shall require a public utility in violation

of a standard required under this section and established by the

commission or by a municipality with a population of 1,000,000 or

more and acting as a regulatory authority to comply with the

standard within a reasonable time established by the commission.

(f) This section does not limit the authority of a municipality

with a population of 1,000,000 or more and acting as a regulatory

authority to prohibit a public utility in violation of a standard

established by the municipality from recovering through the

public utility's rates a penalty or fine incurred for a violation

of a standard.

Added by Acts 2007, 80th Leg., R.S., Ch.

861, Sec. 1, eff. September 1, 2007.

Renumbered from Health and Safety Code, Section 341.0357 by Acts

2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(54), eff. September 1, 2009.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

122, Sec. 2, eff. September 1, 2009.

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.

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 by rule

shall adopt and implement minimum standards for the use and reuse

of graywater for:

(1) irrigation and other agricultural purposes;

(2) domestic use, to the extent consistent with Subsection (c);

(3) commercial purposes; and

(4) industrial purposes.

(b) The standards adopted by the commission under Subsection (a)

must assure that the use of graywater is not a nuisance and does

not damage the quality of surface water and groundwater in this

state.

of less than 400 gallons of graywater each day if the graywater:

(1) originates from a private residence;

(2) is used by the occupants of that residence for gardening,

composting, or landscaping at the residence;

(3) is collected using a system that overflows into a sewage

collection or on-site wastewater treatment and disposal system;

(4) is stored in tanks that:

(A) are clearly labeled as nonpotable water;

(B) restrict access, especially to children; and

(5) uses piping clearly identified as a nonpotable water

conduit, including identification through the use of purple pipe,

purple tape, or similar markings;

(6) is generated without the formation of ponds or pools of

graywater;

(7) does not create runoff across the property lines or onto any

paved surface; and

(8) is distributed by a surface or subsurface system that does

not spray into the air.

(d) Each builder is encouraged to:

(1) install plumbing in new housing in a manner that provides

the capacity to collect graywater from all allowable sources; and

(2) design and install a subsurface graywater system around the

foundation of new housing in a way that minimizes foundation

movement or cracking.

(e) 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. The term does not include wastewater:

(1) that has come in contact with toilet waste;

(2) from the washing of material, including diapers, soiled with

human excreta; or

(3) from sinks used for food preparation or disposal.

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; Acts 2003, 78th Leg., ch. 689, Sec. 2, eff. Sept. 1, 2003.

Sec. 341.040. DEFINITION. In this subchapter, "commission"

means the Texas Commission on Environmental Quality.

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.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

861, Sec. 2, eff. September 1, 2007.

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. The commission may establish a schedule of

fees. The amount of the fees must be sufficient to cover the

reasonable costs of administering the programs and services in

this subchapter or the federal Safe Drinking Water Act (42 U.S.C.

Section 300f et seq.). Among other factors, the commission shall

consider equity among persons required to pay the fees as a

factor in determining the amount of the fees. The commission may

also use the fees to cover any other costs incurred to protect

water resources in this state, including assessment of water

quality, reasonably related to the activities of any of the

persons required to pay a fee under the statutes listed in

Section 5.701(q), Water Code.

(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.

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; Acts 2001, 77th Leg., ch. 965, Sec. 3.07, eff.

Sept. 1, 2001.

Sec. 341.042. STANDARDS FOR HARVESTED RAINWATER. (a) The

commission shall establish recommended standards relating to the

domestic use of harvested rainwater, including health and safety

standards for treatment and collection methods for harvested

rainwater intended for drinking, cooking, or bathing.

(b) The commission by rule shall provide that if a structure is

connected to a public water supply system and has a rainwater

harvesting system for indoor use:

(1) the structure must have appropriate cross-connection

safeguards; and

(2) the rainwater harvesting system may be used only for

nonpotable indoor purposes.

chapter governing public drinking water supply systems do not

apply to a person:

(1) who harvests rainwater for domestic use; and

(2) whose property is not connected to a public drinking water

supply system.

Added by Acts 2005, 79th Leg., Ch.

627, Sec. 2, eff. June 17, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1352, Sec. 11, eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1430, Sec. 2.28, eff. September 1, 2007.

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.

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.

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.

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;

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.

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.

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.

(n) A county or municipality may:

(1) require that the owner or operator of a public swimming pool

within the jurisdiction of the county or municipality obtain a

permit for operation of the pool;

(2) inspect a public swimming pool within the jurisdiction of

the county or municipality 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 the

following are met:

(A) the auditor for the county 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 refunds the permit holders any revenue determined

by the auditor to exceed the cost of the program.

(o) A county or municipality may by order close, for the period

specified in the order, a swimming pool within the jurisdiction

of the county or municipality if the operation of the pool

violates this section or a permitting or inspection requirement

imposed by the county or municipality under Subsection (n).

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; Acts 2003, 78th Leg., ch. 618, Sec. 1, eff. June 20, 2003.

Sec. 341.0645. POOL SAFETY. (a) An owner, manager, operator,

or other attendant in charge of a public swimming pool, wading

pool, baby pool, hot tub, in-ground spa, water park, spray

fountain, or other artificial body of water typically used for

recreational swimming, bathing, or play shall comply with pool

safety standards adopted under this section.

(b) The executive commissioner of the Health and Human Services

Commission shall adopt by rule pool safety standards necessary to

prevent drowning. The standards must be at least as stringent as

those imposed under the federal Virginia Graeme Baker Pool and

Spa Safety Act (15 U.S.C. Section 8001 et seq.).

Added by Acts 2009, 81st Leg., R.S., Ch.

828, Sec. 1, eff. September 1, 2009.

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.

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.

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, 71s

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

Loading..

Loading, Please Wait!