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