By: McReynolds (Senate Sponsor - Hegar) H.B. No. 1717
         (In the Senate - Received from the House April 10, 2007;
  April 11, 2007, read first time and referred to Committee on
  Intergovernmental Relations; May 3, 2007, reported adversely, with
  favorable Committee Substitute by the following vote:  Yeas 5,
  Nays 0; May 3, 2007, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 1717 By:  Nichols
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the identification requirements for any device with the
  appearance of a fire hydrant that is nonfunctioning or otherwise
  unavailable for use in a fire emergency.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 341, Health and Safety
  Code, is amended by adding Section 341.0357 to read as follows:
         Sec. 341.0357.  IDENTIFICATION REQUIREMENT FOR DEVICE WITH
  APPEARANCE OF FIRE HYDRANT THAT IS NONFUNCTIONING OR UNAVAILABLE
  FOR USE IN FIRE EMERGENCY. (a)  The owner of any device having the
  appearance of a fire hydrant that is located in a place that an
  entity responsible for providing fire suppression services in a
  fire emergency would expect a fire hydrant to typically be located
  shall paint the device black if the device is nonfunctioning or
  otherwise unavailable for use by the entity providing fire
  suppression services in a fire emergency. The owner may place a
  black tarp over the device instead of painting the device black as
  required under this section if the device is temporarily
  nonfunctioning, or temporarily unavailable for use in a fire
  emergency, for a period not to exceed seven days.
         (b)  For purposes of this section, a device is considered to
  be nonfunctioning if the device pumps less than 250 gallons of water
  per minute.
         (c)  This section does not apply within the jurisdiction of a
  governmental entity that maintains its own system for labeling a
  device having the appearance of a fire hydrant that is
  nonfunctioning or otherwise unavailable for use in a fire
  emergency.
         SECTION 2.  Not later than January 1, 2008, an owner of a
  device described by Section 341.0357, Health and Safety Code, as
  added by this Act, shall ensure that the device complies with the
  requirement imposed by that section.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2007.
 
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