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 (H.B. 2667), Sec. 2, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1316 (H.B. 2667), Sec. 6, eff. September 1, 2009.