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Amend HB 4409 by adding the following language on page 3, line
7:
(16) The Division shall in coordination with the Texas
Commission on Environmental Quality adopt rules to require a retail
public utility that serves customers in a county any territory of
which is located not more than 100 miles from the Gulf of Mexico to
adopt and submit to the commission for its approval an emergency
preparedness plan that ensures that, in the event of a local power
outage during the next year, the retail public utility maintains
the ability to provide water to the local distribution system with
at least the minimum water pressure required under commission
rules; and sewer services to all existing customers.
(a) An emergency preparedness plan must provide for:
(1) the maintenance of automatically starting auxiliary
generators for that purpose; If a retail public utility's emergency
preparedness plan provides for the maintenance of automatically
starting auxiliary generators, the retail public utility must
include with the plan a proposed schedule for the regular
servicing, testing, and operation of the generators that complies
with commission rules. A retail public utility that maintains
auxiliary generators shall maintain a log of the regular servicing,
testing, and operation of the generators and shall submit a copy of
the log to the commission with its yearly emergency preparedness
plan. The commission may inspect the log at any time before the
retail public utility submits the log to the commission.
(2) or the retail public utility's participation in a
recognized statewide mutual aid program, if the commission finds
that the utility's participation in the program will provide the
utility with access to auxiliary generators and other necessary aid
or equipment sufficient for the utility to restore service not
later than the 36th hour after the hour the local power outage
begins.
(b) The commission may impose an administrative penalty on a
person licensed under this chapter who violates this section or a
rule or order adopted under this section. The commission by rule
shall prescribe standards relating to the servicing, testing, and
operation of auxiliary power generators used in the implementation
of an emergency preparedness plan.