H.B. No. 1391
 
 
 
 
AN ACT
  relating to the provision of water and utility service.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 341, Health and Safety
  Code, is amended by adding Section 341.0357 to read as follows:
         Sec. 341.0357.  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
                     (C)  a subdivision a majority of the lots of which
  are subject to deed restrictions limiting the lots to residential
  use.
         (b)  The regulatory authority for a public utility shall by
  rule or ordinance adopt standards for 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.
         (c)  The commission shall assess residential areas in a
  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.
         SECTION 2.  Section 341.040, Health and Safety Code, is
  amended to read as follows:
         Sec. 341.040.  DEFINITION.  In this subchapter,
  "commission" means the Texas [Natural Resource Conservation]
  Commission on Environmental Quality.
         SECTION 3.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1391 was passed by the House on April
  27, 2007, by the following vote:  Yeas 130, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1391 on May 25, 2007, by the following vote:  Yeas 133, Nays 0,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1391 was passed by the Senate, with
  amendments, on May 22, 2007, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor