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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirement that certain retail water and sewer |
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utility services maintain service during an extended power outage. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 13, Water Code, is amended |
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by adding Section 13.1395 to read as follows: |
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Sec. 13.1395. EMERGENCY MUTUAL AID AGREEMENTS. (a) The |
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commission by rule shall assign each county in this state a level of |
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risk of "low," "moderate," or "high" according to that county's |
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likelihood of experiencing a major disaster, based on historical |
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information regarding the number of past major disasters affecting |
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each county. |
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(b) Each retail public utility, exempt utility, or provider |
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of wholesale sewer service or potable water service in a county |
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receiving a risk designation of "high" based on the commission's |
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assessment under Subsection (a) shall submit to the commission for |
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its approval a mutual aid agreement with another utility or |
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provider that ensures each utility's or provider's continued |
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provision of water and sewer services during an extended power |
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outage. A mutual aid agreement under this subsection must: |
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(1) ensure that each participant is capable of |
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furnishing water and sewer services during an extended power outage |
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at the minimum water pressure required under commission rules; and |
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(2) include provisions for the active coordination of |
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recovery efforts with the state operations center. |
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(c) The commission shall adopt rules as necessary to |
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implement this section, provided that the rules emphasize the use |
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of the most cost-effective means of compliance and place as little |
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administrative burden on a utility or provider as is practicable. |
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SECTION 2. This Act takes effect September 1, 2009. |