82R845 JXC-F
 
  By: Callegari H.B. No. 805
 
 
 
 
A BILL TO BE ENTITLED
 
 
AN ACT
 
  relating to the requirement that certain water service providers
 
  ensure emergency operations during an extended power outage.
         
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
         SECTION 1.  Section 13.1395(a)(1), Water Code, is amended to
 
  read as follows:
               
               (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 350,000
 
  [400,000] or more adjacent to a county with a population of 3.3
 
  million or more.
         
         SECTION 2.  (a)  Not later than November 1, 2011, each
 
  affected utility described by Section 13.1395(a)(1)(B), Water
 
  Code, as amended by this Act, shall submit the information required
 
  by Section 13.1396, Water Code, to:
               
               (1)  each appropriate county judge and office of
 
  emergency management;
               
               (2)  the Public Utility Commission of Texas; and
               
               (3)  the division of emergency management of the
 
  governor.
         
         (b)  Not later than February 1, 2012, each affected utility
 
  described by Section 13.1395(a)(1)(B), Water Code, as amended by
 
  this Act, shall submit to the Texas Commission on Environmental
 
  Quality the emergency preparedness plan required by Section
 
  13.1395, Water Code, as amended by this Act.
         
         (c)  Not later than June 1, 2012, each affected utility
 
  described by Section 13.1395(a)(1)(B), Water Code, as amended by
 
  this Act, shall implement the emergency preparedness plan approved
 
  by the Texas Commission on Environmental Quality under Section
 
  13.1395, Water Code, as amended by this Act.
         
         (d)  An affected utility described by Section
 
  13.1395(a)(1)(B), Water Code, as amended by this Act, may file with
 
  the Texas Commission on Environmental Quality a written request for
 
  an extension, not to exceed 90 days, of the date by which the
 
  affected utility is required under Subsection (b) of this section
 
  to submit the affected utility's emergency preparedness plan or of
 
  the date by which the affected utility is required under Subsection
 
  (c) of this section to implement the affected utility's emergency
 
  preparedness plan. The Texas Commission on Environmental Quality
 
  shall approve the requested extension for good cause shown.
         
         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, 2011.