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  H.B. No. 2619
 
 
 
 
AN ACT
  relating to emergency preparedness information about water
  facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 13.1396(b), (c), (d), (e), and (g),
  Water Code, are amended to read as follows:
         (b)  An affected utility shall submit to [the county judge,]
  the office of emergency management of each county in which the
  utility has more than one customer, the Public Utility Commission
  of Texas, and the office of emergency management of the governor[,]
  a copy of:
               (1)  the affected utility's emergency preparedness plan
  approved under Section 13.1395; and
               (2)  the commission's notification to the affected
  utility that the plan is accepted.
         (c)  Each affected utility shall submit to each electric
  utility that provides transmission and distribution service to the
  affected utility, each retail electric provider that sells electric
  power to the affected utility, [the county judge and] the office of
  emergency management of each county in which the utility has water
  and wastewater facilities that qualify for critical load status
  under rules adopted by the Public Utility Commission of Texas, [and
  to] the Public Utility Commission of Texas, and the division of
  emergency management of the governor:
               (1)  information identifying the location and
  providing a general description of all water and wastewater
  facilities that qualify for critical load status; and
               (2)  emergency contact information for the affected
  utility, including:
                     (A)  the person who will serve as a point of
  contact and the person's telephone number;
                     (B)  the person who will serve as an alternative
  point of contact and the person's telephone number; and
                     (C)  the affected utility's mailing address.
         (d)  An affected utility shall:
               (1)  annually submit the information required by
  Subsection (c) to each electric utility that provides transmission
  and distribution service to the affected utility and to each retail
  electric provider that sells electric power to the affected
  utility; and
               (2)  immediately update the information provided under
  Subsection (c) as changes to the information occur.
         (e)  Each [Not later than February 1 of each year, the county
  judge of each county that receives the information required by
  Subsections (c) and (d) shall:
               [(1)     submit the information for each affected utility
  to each retail electric provider that sells electric power to an
  affected utility and each electric utility that provides
  transmission and distribution service to an affected utility; and
               [(2)  in cooperation with the] affected utility shall
  [,] submit annually to each electric utility that provides
  transmission and distribution service to the affected utility and
  to each retail electric provider that sells electric power to the
  affected utility [for each affected utility] any forms reasonably
  required by an electric utility or retail electric provider for
  determining critical load status, including a critical care
  eligibility determination form or similar form.
         (g)  If an electric utility determines that an affected
  utility's facilities do not qualify for critical load status, the
  electric utility and the retail electric provider, not later than
  the 30th day after the date the electric utility or retail electric
  provider receives the information required by Subsections (c) and
  (d), shall provide a detailed explanation of the electric utility's
  determination to the affected utility and the office of emergency
  management of each county in which the affected utility's
  facilities are located [each county judge that submitted the
  information].
         SECTION 2.  Section 13.1396(a)(2), Water Code, is repealed.
         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. 2619 was passed by the House on April
  20, 2011, by the following vote:  Yeas 147, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2619 was passed by the Senate on May
  24, 2011, by the following vote:  Yeas 31, Nays 0
  .
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor