| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the authority to regulate certain water and sewage |
|
|
utilities to ensure public safety in residential areas. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter E, Chapter 13, Water Code, is amended |
|
|
by adding Section 13.146 to read as follows: |
|
|
Sec. 13.146. PUBLIC SAFETY STANDARDS. (a) In this section, |
|
|
"residential area" means: |
|
|
(1) an area designated as a residential zoning |
|
|
district by a governing ordinance or code or an area in which the |
|
|
principal permitted land use is for private residences; |
|
|
(2) a subdivision for which a plat is recorded in the |
|
|
real property records of the county and that contains or is bounded |
|
|
by public streets or parts of public streets that are abutted by |
|
|
residential property occupying at least 75 percent of the front |
|
|
footage along the block face; or |
|
|
(3) a subdivision for which a plat is recorded in the |
|
|
real property records of the county and a majority of the lots of |
|
|
which are subject to deed restrictions limiting the lots to |
|
|
residential use. |
|
|
(b) The regulatory authority for a retail public utility |
|
|
shall by rule or ordinance adopt public safety standards with |
|
|
respect to the service to be furnished in residential areas, |
|
|
including standards for maintaining sufficient water pressure for |
|
|
service to fire hydrants. |
|
|
(c) The commission shall assess residential areas, |
|
|
including residential areas of a municipality, to ensure that: |
|
|
(1) the regulatory authority for the area has adopted |
|
|
public safety standards under this section; and |
|
|
(2) all retail public utilities serving the |
|
|
residential area are complying with the public safety standards. |
|
|
(d) The commission shall require a municipality acting as a |
|
|
regulatory authority to make appropriate revisions to the public |
|
|
safety standards the commission considers to be inadequate within a |
|
|
reasonable time established by the commission. |
|
|
(e) The commission shall require a public utility in |
|
|
violation of a public safety standard established by the commission |
|
|
or by a municipality acting as a regulatory authority to comply with |
|
|
the public safety standard within a reasonable time established by |
|
|
the commission. |
|
|
SECTION 2. This Act takes effect September 1, 2007. |