Amend CSHB 1831 (Senate committee printing) by adding the 
following appropriately numbered article to the bill and 
renumbering subsequent articles of the bill accordingly:

ARTICLE __.  EMERGENCY WATER SERVICE
	SECTION __.01.  Subchapter E, Chapter 13, Water Code, is 
amended by adding Sections 13.1395 and 13.1396 to read as follows:
	Sec. 13.1395.  STANDARDS OF EMERGENCY OPERATIONS.  (a)  In 
this section:
		(1)  "Affected utility" means a retail public utility, 
exempt utility, or provider or conveyor of potable or raw water 
service that furnishes water service to more than one customer:
			(A)  in a county with a population of 3.3 million 
or more; or       
			(B)  in a county with a population of 400,000 or 
more adjacent to a county with a population of 3.3 million or more.
		(2)  "Emergency operations" means the operation of a 
water system during an extended power outage at a minimum water 
pressure of 35 pounds per square inch.
		(3)  "Extended power outage" means a power outage 
lasting for more than 24 hours.
	(b)  An affected utility shall:                                         
		(1)  ensure the emergency operation of its water system 
during an extended power outage as soon as safe and practicable 
following the occurrence of a natural disaster; and
		(2)  adopt and submit to the commission for its 
approval an emergency preparedness plan that demonstrates the 
utility's ability to provide emergency operations.
	(c)  The commission shall review an emergency preparedness 
plan submitted under Subsection (b).  If the commission determines 
that the plan is not acceptable, the commission shall recommend 
changes to the plan.  The commission must make its recommendations 
on or before the 90th day after the commission receives the plan.  
In accordance with commission rules, an emergency preparedness plan 
shall provide for one of the following:
		(1)  the maintenance of automatically starting 
auxiliary generators; 
		(2)  the sharing of auxiliary generator capacity with 
one or more affected utilities;
		(3)  the negotiation of leasing and contracting 
agreements, including emergency mutual aid agreements with other 
retail public utilities, exempt utilities, or providers or 
conveyors of potable or raw water service, if the agreements 
provide for coordination with the division of emergency management 
in the governor's office;
		(4)  the use of portable generators capable of serving 
multiple facilities equipped with quick-connect systems;
		(5)  the use of on-site electrical generation or 
distributed generation facilities;
		(6)  hardening the electric transmission and 
distribution system serving the water system;
		(7)  for existing facilities, the maintenance of direct 
engine or right angle drives; or
		(8)  any other alternative determined by the commission 
to be acceptable.
	(d)  Each affected utility that supplies, provides, or 
conveys surface water shall include in its emergency preparedness 
plan under Subsection (b) provisions for the actual installation 
and maintenance of automatically starting auxiliary generators or 
distributive generation facilities for each raw water intake pump 
station, water treatment plant, pump station, and pressure facility 
necessary to provide water to its wholesale customers.
	(e)  The commission shall adopt rules to implement this 
section as an alternative to any rule requiring elevated storage.
	(f)  The commission shall provide an affected utility with 
access to the commission's financial, managerial, and technical 
contractors to assist the utility in complying with the applicable 
emergency preparedness plan submission deadline.
	(g)  The commission by rule shall create an emergency 
preparedness plan template for use by an affected utility when 
submitting a plan under this section.  The emergency preparedness 
plan template shall contain:
		(1)  a list and explanation of the preparations an 
affected utility may make under Subsection (c) for the commission 
to approve the utility's emergency preparedness plan; and
		(2)  a list of all commission rules and standards 
pertaining to emergency preparedness plans.
	(h)  An emergency generator used as part of an approved 
emergency preparedness plan under Subsection (c) must be operated 
and maintained according to the manufacturer's specifications.
	(i)  The commission shall inspect each utility to ensure that 
the utility complies with the approved plan.
	(j)  The commission may grant a waiver of the requirements of 
this section to an affected utility if the commission determines 
that compliance with this section will cause a significant 
financial burden on customers of the affected utility.
	(k)  An affected utility may adopt and enforce limitations on 
water use while the utility is providing emergency operations.
	(l)  Except as specifically required by this section, 
information provided by an affected utility under this section is 
confidential and is not subject to disclosure under Chapter 552, 
Government Code.
	Sec. 13.1396.  COORDINATION OF EMERGENCY OPERATIONS.  
(a)  In this section:
		(1)  "Affected utility" has the meaning assigned by 
Section 13.1395. 
		(2)  "County judge" means a county judge or the person 
designated by a county judge.
		(3)  "Electric utility" means the electric 
transmission and distribution utility providing electric service 
to the water and wastewater facilities of an affected utility.
		(4)  "Retail electric provider" has the meaning 
assigned by Section 31.002, Utilities Code.
	(b)  An affected utility shall submit to the county judge, 
the office of emergency management of each county in which the 
utility has more than one customer, the Public Utility Commission 
of Texas, and the office of emergency management of the governor, a 
copy of:
		(1)  the affected utility's emergency preparedness plan 
approved under Section 13.1395; and
		(2)  the commission's notification to the affected 
utility that the plan is accepted.
	(c)  Each affected utility shall submit to the county judge 
and the office of emergency management of each county in which the 
utility has water and wastewater facilities that qualify for 
critical load status under rules adopted by the Public Utility 
Commission of Texas, and to the Public Utility Commission of Texas 
and the division of emergency management of the governor:
		(1)  information identifying the location and 
providing a general description of all water and wastewater 
facilities that qualify for critical load status; and
		(2)  emergency contact information for the affected 
utility, including:
			(A)  the person who will serve as a point of 
contact and the person's telephone number;
			(B)  the person who will serve as an alternative 
point of contact and the person's telephone number; and
			(C)  the affected utility's mailing address.                          
	(d)  An affected utility shall immediately update the 
information provided under Subsection (c) as changes to the 
information occur.
	(e)  Not later than February 1 of each year, the county judge 
of each county that receives the information required by 
Subsections (c) and (d) shall:
		(1)  submit the information for each affected utility 
to each retail electric provider that sells electric power to an 
affected utility and each electric utility that provides 
transmission and distribution service to an affected utility; and
		(2)  in cooperation with the affected utility, submit 
for each affected utility any forms reasonably required by an 
electric utility or retail electric provider for determining 
critical load status, including a critical care eligibility 
determination form or similar form.
	(f)  Not later than May 1 of each year, each electric utility 
and each retail electric provider shall determine whether the 
facilities of the affected utility qualify for critical load status 
under rules adopted by the Public Utility Commission of Texas.
	(g)  If an electric utility determines that an affected 
utility's facilities do not qualify for critical load status, the 
electric utility and the retail electric provider, not later than 
the 30th day after the date the electric utility or retail electric 
provider receives the information required by Subsections (c) and 
(d), shall provide a detailed explanation of the electric utility's 
determination to each county judge that submitted the information.
	SECTION __.02.  (a)  Not later than December 1, 2009, the 
Texas Commission on Environmental Quality shall adopt standards as 
required by Section 13.1395, Water Code, as added by this article.  
As part of the rulemaking process, the commission shall conduct at 
least two public hearings in Harris County.  The commission shall 
issue a report to the governor, lieutenant governor, and speaker of 
the house of representatives if the commission is unable to adopt 
the standards by the time provided by this subsection.
	(b)  Not later than November 1, 2009, each affected utility 
shall submit the information required by Section 13.1396, Water 
Code, as added by this article, to:
		(1)  each appropriate county judge and office of 
emergency management;      
		(2)  the Public Utility Commission of Texas; and                              
		(3)  the office of emergency management of the 
governor.                    
	(c)  Not later than March 1, 2010, each affected utility 
shall submit to the Texas Commission on Environmental Quality the 
emergency preparedness plan required by Section 13.1395, Water 
Code, as added by this article.
	(d)  Not later than July 1, 2010, each affected utility shall 
implement the emergency preparedness plan approved by the Texas 
Commission on Environmental Quality under Section 13.1395, Water 
Code, as added by this article.