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AN ACT
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relating to the identification requirements for any device with the |
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appearance of a fire hydrant that is nonfunctioning or otherwise |
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unavailable for use in a fire emergency. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 341, Health and Safety |
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Code, is amended by adding Section 341.0357 to read as follows: |
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Sec. 341.0357. IDENTIFICATION REQUIREMENT FOR DEVICE WITH |
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APPEARANCE OF FIRE HYDRANT THAT IS NONFUNCTIONING OR UNAVAILABLE |
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FOR USE IN FIRE EMERGENCY. (a) The owner of any device having the |
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appearance of a fire hydrant that is located in a place that an |
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entity responsible for providing fire suppression services in a |
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fire emergency would expect a fire hydrant to typically be located |
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shall paint the device black if the device is nonfunctioning or |
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otherwise unavailable for use by the entity providing fire |
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suppression services in a fire emergency. The owner may place a |
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black tarp over the device instead of painting the device black as |
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required under this section if the device is temporarily |
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nonfunctioning, or temporarily unavailable for use in a fire |
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emergency, for a period not to exceed seven days. |
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(b) For purposes of this section, a device is considered to |
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be nonfunctioning if the device pumps less than 250 gallons of water |
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per minute. |
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(c) This section does not apply within the jurisdiction of a |
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governmental entity that maintains its own system for labeling a |
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device having the appearance of a fire hydrant that is |
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nonfunctioning or otherwise unavailable for use in a fire |
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emergency. |
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SECTION 2. Not later than January 1, 2008, an owner of a |
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device described by Section 341.0357, Health and Safety Code, as |
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added by this Act, shall ensure that the device complies with the |
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requirement imposed by that section. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1717 was passed by the House on April |
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4, 2007, by the following vote: Yeas 145, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1717 on May 17, 2007, by the following vote: Yeas 143, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1717 was passed by the Senate, with |
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amendments, on May 15, 2007, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |