81R5918 KSD-D
 
  By: Rose H.B. No. 1587
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a voluntary identification system for certain devices
  with the appearance of a fire hydrant that are nonfunctioning or
  otherwise unavailable for use in a fire emergency.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 341.0357, Health and
  Safety Code, as added by Chapter 684 (H.B. 1717), Acts of the 80th
  Legislature, Regular Session, 2007, is amended to read as follows:
         Sec. 341.0357.  VOLUNTARY IDENTIFICATION SYSTEM FOR
  [REQUIREMENT FOR] DEVICE WITH APPEARANCE OF FIRE HYDRANT THAT IS
  NONFUNCTIONING OR UNAVAILABLE FOR USE IN FIRE EMERGENCY.
         SECTION 2.  Section 341.0357(a), Health and Safety Code, as
  added by Chapter 684 (H.B. 1717), Acts of the 80th Legislature,
  Regular Session, 2007, is amended to read as follows:
         (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 may:
               (1)  [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; or
               (2)  [. 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].
         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, 2009.