Texas Health And Safety Code Title 5, Chapter 341 - Minimum Standards Of Sanitation And Health Protection Measures

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 341.001 - Definitions
  In this chapter: (1) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(72), eff. April 2, 2015. (2) "Department" means the Department of...

SUBCHAPTER B NUISANCES AND GENERAL SANITATION

• Texas Section 341.002 - Rules For Sanitation And Health Protection
  The executive commissioner may: (1) adopt rules consistent with the purposes of this chapter; and (2) establish standards and procedures for the management and control...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 341.017 - Sanitation Facilities For Railroad Maintenance-of-way Employees
  (a) The executive commissioner shall adopt reasonable rules to require railroads to provide adequate sanitation facilities for railroad maintenance-of-way employees. (b) The department may sue...
• Texas Section 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:...

SUBCHAPTER C SANITARY STANDARDS OF DRINKING WATER; PROTECTION OF PUBLIC WATER SUPPLIES AND BODIES OF WATER

• Texas Section 341.019 - Mosquito Control On Uninhabited Residential Property
  (a) Notwithstanding any other law, a municipality, county, or other local health authority may abate, without notice, a public health nuisance under Section 341.011(7) that:...
• Texas Section 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...
• Texas Section 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...
• Texas Section 341.0316 - Desalination Of Marine Seawater For Drinking Water
  (a) This section applies only to a desalination facility that is intended to treat marine seawater for the purpose of producing water for the public...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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 or volunteer basis must hold a registration issued by the commission under Chapter...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 341.03571 - Identification Requirement For Certain Fire Hydrants And Flush Valves In Certain Municipalities
  (a) In this section, "hydrant" means: (1) a fire hydrant; or (2) a metal flush valve that: (A) has the appearance of a fire hydrant;...
• Texas Section 341.0358 - Public Safety Standards
  (a) In this section: (2) "Regulatory authority" has the meaning assigned by Section 13.002, Water Code. (3) "Residential area" means: (A) an area designated as...
• Texas Section 341.03585 - Fire Hydrant Flow And Pressure Standards In Certain Municipalities
  (a) In this section: (1) "Industrial district" has the meaning assigned by Section 42.044, Local Government Code, and includes an area that is designated by...
• Texas Section 341.0359 - Fire Hydrant Flow Standards
  (a) In this section: (1) "Municipal utility" means a retail public utility, as defined by Section 13.002, Water Code, that is owned by a municipality....
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 341.039 - Standards For Graywater And Alternative Onsite Water
  (a) The commission by rule shall adopt and implement minimum standards for the indoor and outdoor use and reuse of treated graywater and alternative onsite...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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...
• Texas Section 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.
• Texas Section 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);...
• Texas Section 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)...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER D SANITATION AND SAFETY OF FACILITIES USED BY PUBLIC

• Texas Section 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...
• Texas Section 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...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 341.067 - Fairgrounds, Public Parks, And Amusement Centers
  (a) A fairground, public park, or amusement center of any kind shall be maintained in a sanitary condition. (b) Food and beverages sold in a...
• Texas Section 341.068 - Restroom Availability Where The Public Congregates
  (a) Publicly and privately owned facilities where the public congregates shall be equipped with sufficient temporary or permanent restrooms to meet the needs of the...
• Texas Section 341.069 - Access To Restroom Facilities
  (a) In this section: (1) "Customer" means an individual who is lawfully on the premises of a retail establishment. (2) "Eligible medical condition" means Crohn's...

SUBCHAPTER E AUTHORITY OF HOME-RULE MUNICIPALITIES

• Texas Section 341.0695 - Interactive Water Features And Fountains
  (a) In this section, "interactive water feature or fountain" means an installation that includes water sprays, dancing water jets, waterfalls, dumping buckets, or shooting water...
• Texas Section 341.081 - Authority Of Home-rule Municipalities Not Affected
  This chapter prescribes the minimum requirements of sanitation and health protection in this state and does not affect a home-rule municipality's authority to enact: (1)...

SUBCHAPTER F PENALTIES

• Texas Section 341.082 - Appointment Of Environmental Health Officer In Certain Home-rule Municipalities
  (a) In a home-rule municipality, an environmental health officer may be appointed to enforce this chapter. (b) The environmental health officer must be a registered...
• Texas Section 341.091 - Criminal Penalty
  (a) A person commits an offense if the person violates this chapter or a rule adopted under this chapter. A person commits an offense if...
• Texas Section 341.092 - Civil Enforcement
  (a) A person may not cause, suffer, allow, or permit a violation of this chapter or a rule adopted under this chapter. (b) A person...

Last modified: September 28, 2016