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AN ACT
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relating to the provision of water by a public utility or water |
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supply or sewer service corporation for use in fire suppression. |
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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 341.0359 to read as follows: |
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Sec. 341.0359. FIRE HYDRANT FLOW STANDARDS. (a) In this |
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section: |
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(1) "Municipal utility" means a retail public utility, |
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as defined by Section 13.002, Water Code, that is owned by a |
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municipality. |
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(2) "Residential area" means an area used principally |
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for private residences that is improved with at least 100 |
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single-family homes and has an average density of one home per half |
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acre. |
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(3) "Utility" includes a "public utility" and "water |
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supply or sewer service corporation" as defined by Section 13.002, |
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Water Code. |
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(b) The governing body of a municipality by ordinance may |
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adopt standards set by the commission under Subsection (c) |
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requiring a utility to maintain a minimum sufficient water flow and |
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pressure to fire hydrants in a residential area located in the |
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municipality or the municipality's extraterritorial jurisdiction. |
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(c) The commission by rule shall establish standards for |
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adoption by a municipality under Subsection (b). The standards: |
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(1) in addition to a utility's maximum daily demand, |
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must provide, for purposes of emergency fire suppression, for: |
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(A) a minimum sufficient water flow of at least |
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250 gallons per minute for at least two hours; and |
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(B) a minimum sufficient water pressure of at |
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least 20 pounds per square inch; |
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(2) must require a utility to maintain at least the |
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minimum sufficient water flow and pressure described by Subdivision |
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(1) in fire hydrants in a residential area located within the |
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municipality or the municipality's extraterritorial jurisdiction; |
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(3) must be based on the density of connections, |
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service demands, and other relevant factors; |
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(4) notwithstanding Subdivisions (1) and (2), if the |
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municipality owns a municipal utility, may not require another |
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utility located in the municipality or the municipality's |
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extraterritorial jurisdiction to provide water flow and pressure in |
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a fire hydrant greater than that provided by the municipal utility |
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as determined by the commission; and |
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(5) if the municipality does not own a municipal |
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utility, may not require a utility located in the municipality or |
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the municipality's extraterritorial jurisdiction to provide a |
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minimum sufficient water flow and pressure greater than the |
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standard established under Subdivision (1). |
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(d) An ordinance under Subsection (b) may not require a |
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utility to build, retrofit, or improve infrastructure in existence |
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at the time the ordinance is adopted. |
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(e) A municipality with a population of less than 1.9 |
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million that adopts standards under Subsection (b) or that seeks to |
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use a utility's water for fire suppression shall enter into a |
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written memorandum of understanding with the utility to provide |
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for: |
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(1) the necessary testing of fire hydrants; and |
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(2) other relevant issues pertaining to the use of the |
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water and maintenance of the fire hydrants to ensure compliance |
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with this section. |
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(f) A municipality may notify the commission of a utility's |
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failure to comply with a standard adopted under Subsection (b). |
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(g) On receiving the notice described by Subsection (f), the |
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commission shall require a utility in violation of a standard |
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adopted under this section to comply within a reasonable time |
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established by the commission. The commission may approve |
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infrastructure improvements and make corresponding changes to the |
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tariff or rate schedule of a utility that is a public utility as |
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needed to permit compliance with this section. |
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(h) Notwithstanding any provision of Chapter 101, Civil |
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Practice and Remedies Code, to the contrary, a utility is not liable |
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for a hydrant's or metal flush valve's inability to provide adequate |
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water supply in a fire emergency. This subsection does not waive a |
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municipality's immunity under Subchapter I, Chapter 271, Local |
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Government Code, or any other law and does not create any liability |
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on the part of a municipality under a joint enterprise theory of |
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liability. |
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SECTION 2. This 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. 1973 was passed by the House on April |
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26, 2013, by the following vote: Yeas 138, Nays 3, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1973 on May 17, 2013, by the following vote: Yeas 111, Nays 22, |
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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. 1973 was passed by the Senate, with |
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amendments, on May 14, 2013, 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 |