82R12136 T

By: Callegari H.B. No. 2619

A BILL TO BE ENTITLED

AN ACT

Relating to the submission of information about critical water and wastewater facilities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 13.1396(a)(2), Water Code, is repealed and the remaining subsections are renumbered accordingly.

SECTION 2. Section 13.1396(b) is amended to read as follows:

(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.

SECTION 3. Section 13.1396(c) is amended to read as follows:

(c) Each affected utility shall submit to each retail electric provider that sells electric power to the affected utility, each electric utility that provides transmission and distribution service to the affected utility, [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] An affected utility shall [,] 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 the affected utility and to the office of emergency management of the [each] county in which the water and wastewater facilities are located [judge that submitted the information].

SECTION 4. 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.