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79S20585 MSE-D
By: Dutton H.B. No. 75
A BILL TO BE ENTITLED
AN ACT
relating to safety measures for culverts or other similar flood or
drainage systems maintained by governmental entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as Logan's Law.
SECTION 2. Chapter 756, Health and Safety Code, is amended
by adding Subchapter I to read as follows:
SUBCHAPTER I. CULVERTS OR OTHER DRAINAGE SYSTEMS
Sec. 756.151. DUTY OF GOVERNMENTAL ENTITY. (a) A state or
local governmental entity shall ensure that the intake to each
culvert or other enclosed flood or drainage system that the entity
is responsible for maintaining is protected by a bar, grate, or
other appropriate covering sufficient to ensure that a child may
not be swept into the system.
(b) A state or local governmental entity shall ensure that a
sign warning of the hazard for a child, including the danger for
injury or drowning, is clearly posted at the intake to each culvert
or other enclosed flood or drainage system that the entity is
responsible for maintaining.
(c) A state or local governmental entity shall ensure that
each culvert or other enclosed flood or drainage system that the
entity is responsible for maintaining has a hinged opening or other
type of opening and closing mechanism to permit emergency services
personnel to access the system.
SECTION 3. Not later than January 1, 2007, a state or local
governmental entity shall ensure that each culvert or other
enclosed flood or drainage system maintained by the entity complies
with the requirements of Section 756.151, Health and Safety Code,
as added by this Act.
SECTION 4. This Act takes effect December 1, 2005.