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Statutes > Texas > Health-and-safety-code > Title-5-sanitation-and-environmental-quality > Chapter-372-environmental-performance-standards-for-plumbing-fixtures

HEALTH AND SAFETY CODE

TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY

SUBTITLE B. SOLID WASTE, TOXIC CHEMICALS, SEWAGE, LITTER, AND

WATER

CHAPTER 372. ENVIRONMENTAL PERFORMANCE STANDARDS FOR PLUMBING

FIXTURES

Sec. 372.001. DEFINITIONS. In this chapter:

(1) "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.

(2) "Commission" means the Texas Commission on Environmental

Quality.

(3) "Executive director" means the executive director of the

commission.

(4) "Plumbing fixture" means a device that receives water,

waste, or both and discharges the water, waste, or both into a

drainage system. The term includes a kitchen sink, utility sink,

lavatory, bidet, bathtub, shower, urinal, toilet, or drinking

water fountain.

(5) "Plumbing fixture fitting" means a device that controls and

directs the flow of water. The term includes a sink faucet,

lavatory faucet, shower head, or bath filler.

(6) "Pressurized flushing device" means a device that contains a

valve that:

(A) is attached to a pressurized water supply pipe that is of

sufficient size to deliver water at the necessary rate of flow to

ensure flushing when the valve is open; and

(B) opens on actuation to allow water to flow into the fixture

at a rate and in a quantity necessary for the proper operation of

the fixture and gradually closes to avoid water hammer.

(7) "Toilet" means a water closet.

(8) "Water closet" means a plumbing fixture that has a

water-containing receptor that receives liquid and solid body

waste and, on actuation, conveys the waste through an exposed

integral trap seal into a drainage system.

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;

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

Amended by:

Acts 2005, 79th Leg., Ch.

1117, Sec. 1, eff. January 1, 2006.

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

1316, Sec. 1, eff. September 1, 2009.

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 the following standards:

(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;

(2) for a shower head, maximum flow may not exceed 2.5 gallons

of water per minute at a constant pressure over 80 pounds per

square inch;

(3) for a urinal and the associated flush valve, if any, sold,

offered for sale, or distributed in this state before January 1,

2014:

(A) maximum flow may not exceed an average of one gallon of

water per flush; and

(B) the urinal and the associated flush valve, if any, must meet

the performance, testing, and labeling requirements prescribed by

American Society of Mechanical Engineers Standard A112.19.2-2008

and Canadian Standards Association Standard B45.1-2008 "Vitreous

China Plumbing Fixtures and Hydraulic Requirements for Water

Closets and Urinals";

(4) except as provided by Subsection (g), for a urinal and the

associated flush valve, if any, sold, offered for sale, or

distributed in this state on or after January 1, 2014:

(A) maximum flow may not exceed an average of 0.5 gallons of

water per flush; and

(B) the urinal and the associated flush valve, if any, must meet

the performance, testing, and labeling requirements prescribed by

the following standards, as applicable:

(i) American Society of Mechanical Engineers Standard

A112.19.2-2008 and Canadian Standards Association Standard

B45.1-2008 "Vitreous China Plumbing Fixtures and Hydraulic

Requirements for Water Closets and Urinals"; or

(ii) American Society of Mechanical Engineers Standard

A112.19.19-2006 "Vitreous China Nonwater Urinals";

(5) for a toilet sold, offered for sale, or distributed in this

state before January 1, 2014:

(A) maximum flow may not exceed an average of 1.6 gallons of

water per flush; and

(B) the toilet must meet the performance, testing, and labeling

requirements prescribed by the following standards, as

applicable:

(i) American Society of Mechanical Engineers Standard

A112.19.2-2008 and Canadian Standards Association Standard

B45.1-2008 "Vitreous China Plumbing Fixtures and Hydraulic

Requirements for Water Closets and Urinals"; and

(ii) American Society of Mechanical Engineers Standard

A112.19.14-2006 "Six-Liter Water Closets Equipped With a Dual

Flushing Device";

(6) except as provided by Subsection (h), for a toilet sold,

offered for sale, or distributed in this state on or after

January 1, 2014:

(A) the toilet must be a dual flush water closet that meets the

following standards:

(i) the average flush volume of two reduced flushes and one full

flush may not exceed 1.28 gallons; and

(ii) the toilet must meet the performance, testing, and labeling

requirements prescribed by the following standards, as

applicable:

(a) American Society of Mechanical Engineers Standard

A112.19.2-2008 and Canadian Standards Association Standard

B45.1-2008 "Vitreous China Plumbing Fixtures and Hydraulic

Requirements for Water Closets and Urinals"; and

(b) American Society of Mechanical Engineers Standard

A112.19.14-2006 "Six-Liter Water Closets Equipped With a Dual

Flushing Device"; or

(B) the toilet must be a single flush water closet that meets

the following standards:

(i) the average flush volume may not exceed 1.28 gallons; and

(ii) the toilet must meet the performance, testing, and labeling

requirements prescribed by American Society of Mechanical

Engineers Standard A112.19.2-2008 and Canadian Standards

Association Standard B45.1-2008 "Vitreous China Plumbing Fixtures

and Hydraulic Requirements for Water Closets and Urinals"; and

(7) 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 to meet the water saving performance standards

established by Subsection (b). To have a plumbing fixture

included on the list, a manufacturer must supply to the

commission, in the form prescribed by the commission:

(1) the identification and the performance specifications of the

plumbing fixture; and

(2) certified test results from a laboratory accredited by the

American National Standards Institute verifying that the plumbing

fixture meets the water saving performance standards established

by Subsection (b).

(d) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1316, Sec. 6,

eff. September 1, 2009.

(e) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1316, Sec. 6,

eff. September 1, 2009.

(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;

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

(5) a nonwater-supplied urinal; or

(6) a plumbing fixture that has been certified by the United

States Environmental Protection Agency under the WaterSense

Program.

(g) The water saving performance standards for a urinal and the

associated flush valve, if any, sold, offered for sale, or

distributed in this state on or after January 1, 2014, are the

standards prescribed by Subsection (b)(3) if the urinal was

designed for heavy-duty commercial applications.

(h) The water saving performance standards for a toilet sold,

offered for sale, or distributed in this state on or after

January 1, 2014, are the standards prescribed by Subsection

(b)(5) if the toilet is a water closet that has a design not

typically found in a residential application or that is designed

for a specialized application, including a water closet that:

(1) is mounted on the wall and discharges to the drainage system

through the floor;

(2) is located in a correctional facility, as defined by Section

1.07, Penal Code;

(3) is used in a bariatric application;

(4) is used by children at a day-care facility; or

(5) consists of a non-tank type commercial bowl connected to the

plumbing system through a pressurized flushing device.

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.

Amended by:

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

1316, Sec. 2, eff. September 1, 2009.

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

1316, Sec. 6, eff. September 1, 2009.

Sec. 372.0025. EXCEPTION: ACTION BY MUNICIPALITY OR COUNTY. The

governing body of a municipality or county by ordinance or order

may allow the sale in the municipality or county of a urinal or

toilet that does not comply with Section 372.002(b)(4) or (6),

respectively, if the governing body finds that to flush a public

sewer system located in the municipality or county in a manner

consistent with public health, a greater quantity of water is

required because of the configuration of the drainage systems of

buildings located in the municipality or county or the public

sewer system.

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

1316, Sec. 3, eff. September 1, 2009.

Sec. 372.003. LABELING REQUIREMENTS. (a) Repealed by Acts

2009, 81st Leg., R.S., Ch. 1316, Sec. 6, eff. September 1, 2009.

(b) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1316, Sec. 6,

eff. September 1, 2009.

(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;

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

Amended by:

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

1316, Sec. 6, eff. September 1, 2009.

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 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, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.136, eff.

Sept. 1, 1995; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.787, eff.

Sept. 1, 2003.

Sec. 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, Sec. 1, eff. Sept. 1,

2001.

For expiration of this section, see Subsection (c).

Sec. 372.0045. PHASE-IN OF WATER SAVING PERFORMANCE STANDARDS.

(a) Notwithstanding Sections 372.002(b)(3) and (5), at least the

following percentage of the models of urinals and of the models

of toilets offered for sale by a manufacturer in this state must

meet the requirements of Sections 372.002(b)(4) and (6),

respectively:

(1) 50 percent of the models of urinals and of the models of

toilets offered for sale on January 1, 2010;

(2) 67 percent of the models of urinals and of the models of

toilets offered for sale on January 1, 2011;

(3) 75 percent of the models of urinals and of the models of

toilets offered for sale on January 1, 2012; and

(4) 85 percent of the models of urinals and of the models of

toilets offered for sale on January 1, 2013.

(b) Not later than January 31 of each year, a manufacturer that

offers urinals or toilets for sale in this state shall notify the

commission in writing of the percentage of the models of urinals

and of the models of toilets offered for sale by the manufacturer

in this state that meet the requirements of Sections

372.002(b)(4) and (6), respectively.

(c) This section expires September 1, 2013.

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

1316, Sec. 3, eff. September 1, 2009.

Sec. 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, Sec. 2, eff. January 1, 2006.

Sec. 372.006. NONWATER-SUPPLIED URINAL PERFORMANCE STANDARDS.

(a) A person may not sell, offer for sale, or distribute in this

state a nonwater-supplied urinal for use in this state unless the

nonwater-supplied urinal:

(1) meets the performance, testing, and labeling requirements

prescribed by the following standards, as applicable:

(A) American Society of Mechanical Engineers Standard

A112.19.19-2006 "Vitreous China Nonwater Urinals"; or

(B) International Association of Plumbing and Mechanical

Officials Standard ANSI Z124.9-2004 "Plastic Urinal Fixtures";

(2) provides a trap seal that complies with the building code of

the local government in which the urinal is installed; and

(3) permits the uninhibited flow of waste through the urinal to

the sanitary drainage system.

(b) The manufacturer or importer must submit to the commission

certified test results from a laboratory accredited by the

American National Standards Institute verifying that the

nonwater-supplied urinal conforms to the requirements described

by Subsection (a)(1).

(c) A person who installs a nonwater-supplied urinal shall

install water distribution and fixture supply piping sized to

accommodate a water-supplied urinal to an in-wall point

immediately adjacent to the nonwater-supplied urinal location so

that the nonwater-supplied urinal can be replaced with a

water-supplied urinal if desired by the owner or required by a

code enforcement officer.

(d) A person who owns a nonwater-supplied urinal shall clean and

maintain the nonwater-supplied urinal in accordance with the

manufacturer's instructions.

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

1316, Sec. 3, eff. September 1, 2009.

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-5-sanitation-and-environmental-quality > Chapter-372-environmental-performance-standards-for-plumbing-fixtures

HEALTH AND SAFETY CODE

TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY

SUBTITLE B. SOLID WASTE, TOXIC CHEMICALS, SEWAGE, LITTER, AND

WATER

CHAPTER 372. ENVIRONMENTAL PERFORMANCE STANDARDS FOR PLUMBING

FIXTURES

Sec. 372.001. DEFINITIONS. In this chapter:

(1) "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.

(2) "Commission" means the Texas Commission on Environmental

Quality.

(3) "Executive director" means the executive director of the

commission.

(4) "Plumbing fixture" means a device that receives water,

waste, or both and discharges the water, waste, or both into a

drainage system. The term includes a kitchen sink, utility sink,

lavatory, bidet, bathtub, shower, urinal, toilet, or drinking

water fountain.

(5) "Plumbing fixture fitting" means a device that controls and

directs the flow of water. The term includes a sink faucet,

lavatory faucet, shower head, or bath filler.

(6) "Pressurized flushing device" means a device that contains a

valve that:

(A) is attached to a pressurized water supply pipe that is of

sufficient size to deliver water at the necessary rate of flow to

ensure flushing when the valve is open; and

(B) opens on actuation to allow water to flow into the fixture

at a rate and in a quantity necessary for the proper operation of

the fixture and gradually closes to avoid water hammer.

(7) "Toilet" means a water closet.

(8) "Water closet" means a plumbing fixture that has a

water-containing receptor that receives liquid and solid body

waste and, on actuation, conveys the waste through an exposed

integral trap seal into a drainage system.

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;

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

Amended by:

Acts 2005, 79th Leg., Ch.

1117, Sec. 1, eff. January 1, 2006.

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

1316, Sec. 1, eff. September 1, 2009.

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 the following standards:

(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;

(2) for a shower head, maximum flow may not exceed 2.5 gallons

of water per minute at a constant pressure over 80 pounds per

square inch;

(3) for a urinal and the associated flush valve, if any, sold,

offered for sale, or distributed in this state before January 1,

2014:

(A) maximum flow may not exceed an average of one gallon of

water per flush; and

(B) the urinal and the associated flush valve, if any, must meet

the performance, testing, and labeling requirements prescribed by

American Society of Mechanical Engineers Standard A112.19.2-2008

and Canadian Standards Association Standard B45.1-2008 "Vitreous

China Plumbing Fixtures and Hydraulic Requirements for Water

Closets and Urinals";

(4) except as provided by Subsection (g), for a urinal and the

associated flush valve, if any, sold, offered for sale, or

distributed in this state on or after January 1, 2014:

(A) maximum flow may not exceed an average of 0.5 gallons of

water per flush; and

(B) the urinal and the associated flush valve, if any, must meet

the performance, testing, and labeling requirements prescribed by

the following standards, as applicable:

(i) American Society of Mechanical Engineers Standard

A112.19.2-2008 and Canadian Standards Association Standard

B45.1-2008 "Vitreous China Plumbing Fixtures and Hydraulic

Requirements for Water Closets and Urinals"; or

(ii) American Society of Mechanical Engineers Standard

A112.19.19-2006 "Vitreous China Nonwater Urinals";

(5) for a toilet sold, offered for sale, or distributed in this

state before January 1, 2014:

(A) maximum flow may not exceed an average of 1.6 gallons of

water per flush; and

(B) the toilet must meet the performance, testing, and labeling

requirements prescribed by the following standards, as

applicable:

(i) American Society of Mechanical Engineers Standard

A112.19.2-2008 and Canadian Standards Association Standard

B45.1-2008 "Vitreous China Plumbing Fixtures and Hydraulic

Requirements for Water Closets and Urinals"; and

(ii) American Society of Mechanical Engineers Standard

A112.19.14-2006 "Six-Liter Water Closets Equipped With a Dual

Flushing Device";

(6) except as provided by Subsection (h), for a toilet sold,

offered for sale, or distributed in this state on or after

January 1, 2014:

(A) the toilet must be a dual flush water closet that meets the

following standards:

(i) the average flush volume of two reduced flushes and one full

flush may not exceed 1.28 gallons; and

(ii) the toilet must meet the performance, testing, and labeling

requirements prescribed by the following standards, as

applicable:

(a) American Society of Mechanical Engineers Standard

A112.19.2-2008 and Canadian Standards Association Standard

B45.1-2008 "Vitreous China Plumbing Fixtures and Hydraulic

Requirements for Water Closets and Urinals"; and

(b) American Society of Mechanical Engineers Standard

A112.19.14-2006 "Six-Liter Water Closets Equipped With a Dual

Flushing Device"; or

(B) the toilet must be a single flush water closet that meets

the following standards:

(i) the average flush volume may not exceed 1.28 gallons; and

(ii) the toilet must meet the performance, testing, and labeling

requirements prescribed by American Society of Mechanical

Engineers Standard A112.19.2-2008 and Canadian Standards

Association Standard B45.1-2008 "Vitreous China Plumbing Fixtures

and Hydraulic Requirements for Water Closets and Urinals"; and

(7) 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 to meet the water saving performance standards

established by Subsection (b). To have a plumbing fixture

included on the list, a manufacturer must supply to the

commission, in the form prescribed by the commission:

(1) the identification and the performance specifications of the

plumbing fixture; and

(2) certified test results from a laboratory accredited by the

American National Standards Institute verifying that the plumbing

fixture meets the water saving performance standards established

by Subsection (b).

(d) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1316, Sec. 6,

eff. September 1, 2009.

(e) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1316, Sec. 6,

eff. September 1, 2009.

(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;

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

(5) a nonwater-supplied urinal; or

(6) a plumbing fixture that has been certified by the United

States Environmental Protection Agency under the WaterSense

Program.

(g) The water saving performance standards for a urinal and the

associated flush valve, if any, sold, offered for sale, or

distributed in this state on or after January 1, 2014, are the

standards prescribed by Subsection (b)(3) if the urinal was

designed for heavy-duty commercial applications.

(h) The water saving performance standards for a toilet sold,

offered for sale, or distributed in this state on or after

January 1, 2014, are the standards prescribed by Subsection

(b)(5) if the toilet is a water closet that has a design not

typically found in a residential application or that is designed

for a specialized application, including a water closet that:

(1) is mounted on the wall and discharges to the drainage system

through the floor;

(2) is located in a correctional facility, as defined by Section

1.07, Penal Code;

(3) is used in a bariatric application;

(4) is used by children at a day-care facility; or

(5) consists of a non-tank type commercial bowl connected to the

plumbing system through a pressurized flushing device.

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.

Amended by:

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

1316, Sec. 2, eff. September 1, 2009.

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

1316, Sec. 6, eff. September 1, 2009.

Sec. 372.0025. EXCEPTION: ACTION BY MUNICIPALITY OR COUNTY. The

governing body of a municipality or county by ordinance or order

may allow the sale in the municipality or county of a urinal or

toilet that does not comply with Section 372.002(b)(4) or (6),

respectively, if the governing body finds that to flush a public

sewer system located in the municipality or county in a manner

consistent with public health, a greater quantity of water is

required because of the configuration of the drainage systems of

buildings located in the municipality or county or the public

sewer system.

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

1316, Sec. 3, eff. September 1, 2009.

Sec. 372.003. LABELING REQUIREMENTS. (a) Repealed by Acts

2009, 81st Leg., R.S., Ch. 1316, Sec. 6, eff. September 1, 2009.

(b) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1316, Sec. 6,

eff. September 1, 2009.

(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;

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

Amended by:

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

1316, Sec. 6, eff. September 1, 2009.

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 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, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.136, eff.

Sept. 1, 1995; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.787, eff.

Sept. 1, 2003.

Sec. 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, Sec. 1, eff. Sept. 1,

2001.

For expiration of this section, see Subsection (c).

Sec. 372.0045. PHASE-IN OF WATER SAVING PERFORMANCE STANDARDS.

(a) Notwithstanding Sections 372.002(b)(3) and (5), at least the

following percentage of the models of urinals and of the models

of toilets offered for sale by a manufacturer in this state must

meet the requirements of Sections 372.002(b)(4) and (6),

respectively:

(1) 50 percent of the models of urinals and of the models of

toilets offered for sale on January 1, 2010;

(2) 67 percent of the models of urinals and of the models of

toilets offered for sale on January 1, 2011;

(3) 75 percent of the models of urinals and of the models of

toilets offered for sale on January 1, 2012; and

(4) 85 percent of the models of urinals and of the models of

toilets offered for sale on January 1, 2013.

(b) Not later than January 31 of each year, a manufacturer that

offers urinals or toilets for sale in this state shall notify the

commission in writing of the percentage of the models of urinals

and of the models of toilets offered for sale by the manufacturer

in this state that meet the requirements of Sections

372.002(b)(4) and (6), respectively.

(c) This section expires September 1, 2013.

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

1316, Sec. 3, eff. September 1, 2009.

Sec. 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, Sec. 2, eff. January 1, 2006.

Sec. 372.006. NONWATER-SUPPLIED URINAL PERFORMANCE STANDARDS.

(a) A person may not sell, offer for sale, or distribute in this

state a nonwater-supplied urinal for use in this state unless the

nonwater-supplied urinal:

(1) meets the performance, testing, and labeling requirements

prescribed by the following standards, as applicable:

(A) American Society of Mechanical Engineers Standard

A112.19.19-2006 "Vitreous China Nonwater Urinals"; or

(B) International Association of Plumbing and Mechanical

Officials Standard ANSI Z124.9-2004 "Plastic Urinal Fixtures";

(2) provides a trap seal that complies with the building code of

the local government in which the urinal is installed; and

(3) permits the uninhibited flow of waste through the urinal to

the sanitary drainage system.

(b) The manufacturer or importer must submit to the commission

certified test results from a laboratory accredited by the

American National Standards Institute verifying that the

nonwater-supplied urinal conforms to the requirements described

by Subsection (a)(1).

(c) A person who installs a nonwater-supplied urinal shall

install water distribution and fixture supply piping sized to

accommodate a water-supplied urinal to an in-wall point

immediately adjacent to the nonwater-supplied urinal location so

that the nonwater-supplied urinal can be replaced with a

water-supplied urinal if desired by the owner or required by a

code enforcement officer.

(d) A person who owns a nonwater-supplied urinal shall clean and

maintain the nonwater-supplied urinal in accordance with the

manufacturer's instructions.

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

1316, Sec. 3, eff. September 1, 2009.


State Codes and Statutes

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-5-sanitation-and-environmental-quality > Chapter-372-environmental-performance-standards-for-plumbing-fixtures

HEALTH AND SAFETY CODE

TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY

SUBTITLE B. SOLID WASTE, TOXIC CHEMICALS, SEWAGE, LITTER, AND

WATER

CHAPTER 372. ENVIRONMENTAL PERFORMANCE STANDARDS FOR PLUMBING

FIXTURES

Sec. 372.001. DEFINITIONS. In this chapter:

(1) "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.

(2) "Commission" means the Texas Commission on Environmental

Quality.

(3) "Executive director" means the executive director of the

commission.

(4) "Plumbing fixture" means a device that receives water,

waste, or both and discharges the water, waste, or both into a

drainage system. The term includes a kitchen sink, utility sink,

lavatory, bidet, bathtub, shower, urinal, toilet, or drinking

water fountain.

(5) "Plumbing fixture fitting" means a device that controls and

directs the flow of water. The term includes a sink faucet,

lavatory faucet, shower head, or bath filler.

(6) "Pressurized flushing device" means a device that contains a

valve that:

(A) is attached to a pressurized water supply pipe that is of

sufficient size to deliver water at the necessary rate of flow to

ensure flushing when the valve is open; and

(B) opens on actuation to allow water to flow into the fixture

at a rate and in a quantity necessary for the proper operation of

the fixture and gradually closes to avoid water hammer.

(7) "Toilet" means a water closet.

(8) "Water closet" means a plumbing fixture that has a

water-containing receptor that receives liquid and solid body

waste and, on actuation, conveys the waste through an exposed

integral trap seal into a drainage system.

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;

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

Amended by:

Acts 2005, 79th Leg., Ch.

1117, Sec. 1, eff. January 1, 2006.

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

1316, Sec. 1, eff. September 1, 2009.

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 the following standards:

(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;

(2) for a shower head, maximum flow may not exceed 2.5 gallons

of water per minute at a constant pressure over 80 pounds per

square inch;

(3) for a urinal and the associated flush valve, if any, sold,

offered for sale, or distributed in this state before January 1,

2014:

(A) maximum flow may not exceed an average of one gallon of

water per flush; and

(B) the urinal and the associated flush valve, if any, must meet

the performance, testing, and labeling requirements prescribed by

American Society of Mechanical Engineers Standard A112.19.2-2008

and Canadian Standards Association Standard B45.1-2008 "Vitreous

China Plumbing Fixtures and Hydraulic Requirements for Water

Closets and Urinals";

(4) except as provided by Subsection (g), for a urinal and the

associated flush valve, if any, sold, offered for sale, or

distributed in this state on or after January 1, 2014:

(A) maximum flow may not exceed an average of 0.5 gallons of

water per flush; and

(B) the urinal and the associated flush valve, if any, must meet

the performance, testing, and labeling requirements prescribed by

the following standards, as applicable:

(i) American Society of Mechanical Engineers Standard

A112.19.2-2008 and Canadian Standards Association Standard

B45.1-2008 "Vitreous China Plumbing Fixtures and Hydraulic

Requirements for Water Closets and Urinals"; or

(ii) American Society of Mechanical Engineers Standard

A112.19.19-2006 "Vitreous China Nonwater Urinals";

(5) for a toilet sold, offered for sale, or distributed in this

state before January 1, 2014:

(A) maximum flow may not exceed an average of 1.6 gallons of

water per flush; and

(B) the toilet must meet the performance, testing, and labeling

requirements prescribed by the following standards, as

applicable:

(i) American Society of Mechanical Engineers Standard

A112.19.2-2008 and Canadian Standards Association Standard

B45.1-2008 "Vitreous China Plumbing Fixtures and Hydraulic

Requirements for Water Closets and Urinals"; and

(ii) American Society of Mechanical Engineers Standard

A112.19.14-2006 "Six-Liter Water Closets Equipped With a Dual

Flushing Device";

(6) except as provided by Subsection (h), for a toilet sold,

offered for sale, or distributed in this state on or after

January 1, 2014:

(A) the toilet must be a dual flush water closet that meets the

following standards:

(i) the average flush volume of two reduced flushes and one full

flush may not exceed 1.28 gallons; and

(ii) the toilet must meet the performance, testing, and labeling

requirements prescribed by the following standards, as

applicable:

(a) American Society of Mechanical Engineers Standard

A112.19.2-2008 and Canadian Standards Association Standard

B45.1-2008 "Vitreous China Plumbing Fixtures and Hydraulic

Requirements for Water Closets and Urinals"; and

(b) American Society of Mechanical Engineers Standard

A112.19.14-2006 "Six-Liter Water Closets Equipped With a Dual

Flushing Device"; or

(B) the toilet must be a single flush water closet that meets

the following standards:

(i) the average flush volume may not exceed 1.28 gallons; and

(ii) the toilet must meet the performance, testing, and labeling

requirements prescribed by American Society of Mechanical

Engineers Standard A112.19.2-2008 and Canadian Standards

Association Standard B45.1-2008 "Vitreous China Plumbing Fixtures

and Hydraulic Requirements for Water Closets and Urinals"; and

(7) 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 to meet the water saving performance standards

established by Subsection (b). To have a plumbing fixture

included on the list, a manufacturer must supply to the

commission, in the form prescribed by the commission:

(1) the identification and the performance specifications of the

plumbing fixture; and

(2) certified test results from a laboratory accredited by the

American National Standards Institute verifying that the plumbing

fixture meets the water saving performance standards established

by Subsection (b).

(d) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1316, Sec. 6,

eff. September 1, 2009.

(e) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1316, Sec. 6,

eff. September 1, 2009.

(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;

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

(5) a nonwater-supplied urinal; or

(6) a plumbing fixture that has been certified by the United

States Environmental Protection Agency under the WaterSense

Program.

(g) The water saving performance standards for a urinal and the

associated flush valve, if any, sold, offered for sale, or

distributed in this state on or after January 1, 2014, are the

standards prescribed by Subsection (b)(3) if the urinal was

designed for heavy-duty commercial applications.

(h) The water saving performance standards for a toilet sold,

offered for sale, or distributed in this state on or after

January 1, 2014, are the standards prescribed by Subsection

(b)(5) if the toilet is a water closet that has a design not

typically found in a residential application or that is designed

for a specialized application, including a water closet that:

(1) is mounted on the wall and discharges to the drainage system

through the floor;

(2) is located in a correctional facility, as defined by Section

1.07, Penal Code;

(3) is used in a bariatric application;

(4) is used by children at a day-care facility; or

(5) consists of a non-tank type commercial bowl connected to the

plumbing system through a pressurized flushing device.

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.

Amended by:

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

1316, Sec. 2, eff. September 1, 2009.

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

1316, Sec. 6, eff. September 1, 2009.

Sec. 372.0025. EXCEPTION: ACTION BY MUNICIPALITY OR COUNTY. The

governing body of a municipality or county by ordinance or order

may allow the sale in the municipality or county of a urinal or

toilet that does not comply with Section 372.002(b)(4) or (6),

respectively, if the governing body finds that to flush a public

sewer system located in the municipality or county in a manner

consistent with public health, a greater quantity of water is

required because of the configuration of the drainage systems of

buildings located in the municipality or county or the public

sewer system.

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

1316, Sec. 3, eff. September 1, 2009.

Sec. 372.003. LABELING REQUIREMENTS. (a) Repealed by Acts

2009, 81st Leg., R.S., Ch. 1316, Sec. 6, eff. September 1, 2009.

(b) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1316, Sec. 6,

eff. September 1, 2009.

(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;

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

Amended by:

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

1316, Sec. 6, eff. September 1, 2009.

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 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, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.136, eff.

Sept. 1, 1995; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.787, eff.

Sept. 1, 2003.

Sec. 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, Sec. 1, eff. Sept. 1,

2001.

For expiration of this section, see Subsection (c).

Sec. 372.0045. PHASE-IN OF WATER SAVING PERFORMANCE STANDARDS.

(a) Notwithstanding Sections 372.002(b)(3) and (5), at least the

following percentage of the models of urinals and of the models

of toilets offered for sale by a manufacturer in this state must

meet the requirements of Sections 372.002(b)(4) and (6),

respectively:

(1) 50 percent of the models of urinals and of the models of

toilets offered for sale on January 1, 2010;

(2) 67 percent of the models of urinals and of the models of

toilets offered for sale on January 1, 2011;

(3) 75 percent of the models of urinals and of the models of

toilets offered for sale on January 1, 2012; and

(4) 85 percent of the models of urinals and of the models of

toilets offered for sale on January 1, 2013.

(b) Not later than January 31 of each year, a manufacturer that

offers urinals or toilets for sale in this state shall notify the

commission in writing of the percentage of the models of urinals

and of the models of toilets offered for sale by the manufacturer

in this state that meet the requirements of Sections

372.002(b)(4) and (6), respectively.

(c) This section expires September 1, 2013.

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

1316, Sec. 3, eff. September 1, 2009.

Sec. 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, Sec. 2, eff. January 1, 2006.

Sec. 372.006. NONWATER-SUPPLIED URINAL PERFORMANCE STANDARDS.

(a) A person may not sell, offer for sale, or distribute in this

state a nonwater-supplied urinal for use in this state unless the

nonwater-supplied urinal:

(1) meets the performance, testing, and labeling requirements

prescribed by the following standards, as applicable:

(A) American Society of Mechanical Engineers Standard

A112.19.19-2006 "Vitreous China Nonwater Urinals"; or

(B) International Association of Plumbing and Mechanical

Officials Standard ANSI Z124.9-2004 "Plastic Urinal Fixtures";

(2) provides a trap seal that complies with the building code of

the local government in which the urinal is installed; and

(3) permits the uninhibited flow of waste through the urinal to

the sanitary drainage system.

(b) The manufacturer or importer must submit to the commission

certified test results from a laboratory accredited by the

American National Standards Institute verifying that the

nonwater-supplied urinal conforms to the requirements described

by Subsection (a)(1).

(c) A person who installs a nonwater-supplied urinal shall

install water distribution and fixture supply piping sized to

accommodate a water-supplied urinal to an in-wall point

immediately adjacent to the nonwater-supplied urinal location so

that the nonwater-supplied urinal can be replaced with a

water-supplied urinal if desired by the owner or required by a

code enforcement officer.

(d) A person who owns a nonwater-supplied urinal shall clean and

maintain the nonwater-supplied urinal in accordance with the

manufacturer's instructions.

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

1316, Sec. 3, eff. September 1, 2009.