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AN ACT
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relating to identification requirements for certain fire hydrants |
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and flush valves. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 341.0357, Health and Safety Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) This section does not apply within the jurisdiction of a |
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governmental entity described by Section 341.03571(b). |
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SECTION 2. Subchapter C, Chapter 341, Health and Safety |
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Code, is amended by adding Section 341.03571 to read as follows: |
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Sec. 341.03571. IDENTIFICATION REQUIREMENT FOR CERTAIN |
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FIRE HYDRANTS AND FLUSH VALVES IN CERTAIN MUNICIPALITIES. (a) In |
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this section, "hydrant" means: |
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(1) a fire hydrant; or |
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(2) a metal flush valve that: |
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(A) has the appearance of a fire hydrant; and |
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(B) is located in a place that an entity |
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responsible for providing fire suppression services in a fire |
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emergency would expect a fire hydrant to typically be located. |
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(b) This section applies only to a county, or a municipality |
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in a county, that: |
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(1) borders the United Mexican States or is adjacent |
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to a county that borders the United Mexican States; |
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(2) has a population of at least 400,000 or has a |
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population of at least 20,000 and is adjacent to a county that has a |
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population of at least 400,000; and |
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(3) is within 200 miles of the Gulf of Mexico. |
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(c) Each public water system responsible for any hydrant |
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shall: |
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(1) paint all or the cap of the hydrant white if the |
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hydrant is available to be used only to fill a water tank on a fire |
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truck used for fire suppression services; and |
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(2) paint all or the cap of the hydrant black if the |
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hydrant is unavailable for use by the entity providing fire |
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suppression services in a fire emergency. |
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(d) For purposes of Subsection (c)(2), a hydrant is |
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unavailable for use in a fire emergency if it is unavailable for |
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pumping directly from the hydrant or is unavailable for use in |
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filling a water tank on a fire truck used for fire suppression |
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services. |
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(e) A public water system may place a black tarp over the |
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hydrant or use another means to conceal the hydrant instead of |
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painting all or the cap of the hydrant black as required under |
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Subsection (c)(2) if the hydrant is temporarily unavailable for use |
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in a fire emergency for a period not to exceed 45 days. Not later |
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than the 45th day after the date a hydrant is concealed as provided |
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by this subsection, the public water system responsible for the |
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hydrant shall: |
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(1) if the hydrant is available for the provision of |
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fire suppression services, remove the tarp or other means of |
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concealment; or |
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(2) if the hydrant continues to be unavailable for use |
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in a fire emergency, paint all or the cap of the hydrant black as |
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required by Subsection (c)(2). |
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(f) A public water system that paints all or the cap of a |
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hydrant black as required by Subsection (c)(2) may also ensure by |
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any reasonable means that the hydrant is identifiable in low-light |
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conditions, including by installing reflectors. |
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(g) This section does not apply: |
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(1) within the jurisdiction of a governmental entity |
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that maintains its own system for labeling or color coding its |
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hydrants; or |
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(2) to any public water system that has entered into a |
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contract with a municipality or volunteer fire department to |
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provide a water supply for fire suppression services if the |
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contract specifies a different system for labeling or color coding |
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hydrants. |
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(h) For purposes of Subsection (g), a system for labeling or |
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color coding hydrants may include the assignment of different |
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colors to identify hydrants that are available for direct pumping, |
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hydrants that are available for filling a water tank on a fire truck |
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used for fire suppression services, and hydrants that are |
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unavailable for use by an entity providing fire suppression |
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services in a fire emergency. |
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(i) The fact that all or the cap of a hydrant for which a |
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public water system is responsible under this section is not |
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painted black as described by Subsection (c)(2) or concealed in the |
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manner described by Subsection (e) does not constitute a guarantee |
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by the public water system that the hydrant will deliver a certain |
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amount of water flow at all times. Notwithstanding any provision of |
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Chapter 101, Civil Practice and Remedies Code, to the contrary, a |
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public water system is not liable for a hydrant's inability to |
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provide adequate water supply in a fire emergency. |
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SECTION 3. Not later than January 1, 2014, each public water |
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system responsible for hydrants under Section 341.03571, Health and |
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Safety Code, as added by this Act, shall ensure that its hydrants |
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comply with the requirements imposed by that section. |
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SECTION 4. 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, 2013. |
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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. 1768 was passed by the House on April |
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25, 2013, by the following vote: Yeas 136, Nays 0, 2 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 1768 on May 16, 2013, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 1768 on May 25, 2013, by the following vote: Yeas 142, |
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Nays 1, 2 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. 1768 was passed by the Senate, with |
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amendments, on May 13, 2013, by the following vote: Yeas 31, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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1768 on May 26, 2013, by the following vote: Yeas 31, Nays 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 |