H.B. No. 805
 
 
 
 
AN ACT
  relating to the requirement that certain water service providers
  ensure emergency operations during an extended power outage.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 13.1395(a)(1), Water Code, is amended to
  read as follows:
               (1)  "Affected utility" means a retail public utility,
  exempt utility, or provider or conveyor of potable or raw water
  service that furnishes water service to more than one customer:
                     (A)  in a county with a population of 3.3 million
  or more; or
                     (B)  in a county with a population of 550,000
  [400,000] or more adjacent to a county with a population of 3.3
  million or more.
         SECTION 2.  (a)  Not later than November 1, 2011, each
  affected utility described by Section 13.1395(a)(1)(B), Water
  Code, as amended by this Act, shall submit the information required
  by Section 13.1396, Water Code, to:
               (1)  each appropriate county judge and office of
  emergency management;
               (2)  the Public Utility Commission of Texas; and
               (3)  the division of emergency management of the
  governor.
         (b)  Not later than February 1, 2012, each affected utility
  described by Section 13.1395(a)(1)(B), Water Code, as amended by
  this Act, shall submit to the Texas Commission on Environmental
  Quality the emergency preparedness plan required by Section
  13.1395, Water Code, as amended by this Act.
         (c)  Not later than June 1, 2012, each affected utility
  described by Section 13.1395(a)(1)(B), Water Code, as amended by
  this Act, shall implement the emergency preparedness plan approved
  by the Texas Commission on Environmental Quality under Section
  13.1395, Water Code, as amended by this Act.
         (d)  An affected utility described by Section
  13.1395(a)(1)(B), Water Code, as amended by this Act, may file with
  the Texas Commission on Environmental Quality a written request for
  an extension, not to exceed 90 days, of the date by which the
  affected utility is required under Subsection (b) of this section
  to submit the affected utility's emergency preparedness plan or of
  the date by which the affected utility is required under Subsection
  (c) of this section to implement the affected utility's emergency
  preparedness plan. The Texas Commission on Environmental Quality
  shall approve the requested extension for good cause shown.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 805 was passed by the House on March
  30, 2011, by the following vote:  Yeas 146, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 805 on May 25, 2011, by the following vote:  Yeas 146, Nays 0, 2
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 805 was passed by the Senate, with
  amendments, on May 24, 2011, by the following vote:  Yeas 31, Nays
  0
  .
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor