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A BILL TO BE ENTITLED
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AN ACT
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relating to safety measures for culverts or other similar flood or |
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drainage systems maintained by governmental entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as Logan's Law. |
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SECTION 2. Chapter 756, Health and Safety Code, is amended |
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by adding Subchapter I to read as follows: |
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SUBCHAPTER I. CULVERTS OR OTHER DRAINAGE SYSTEMS |
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Sec. 756.151. DUTY OF MUNICIPALITY. (a) This section |
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applies only to an intake to a culvert or other enclosed flood or |
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drainage system that is: |
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(1) maintained by a municipality with a population of |
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more than two million; and |
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(2) located within 100 feet of an elementary school. |
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(b) A municipality shall ensure that: |
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(1) each intake described by Subsection (a) is |
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protected by a bar, grate, or other appropriate covering sufficient |
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to ensure that a child may not be swept into the system; and |
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(2) a sign warning of the hazard for a child, including |
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the danger for injury or drowning, is clearly posted at the intake. |
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(c) A municipality shall ensure that each culvert or other |
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enclosed flood or drainage system with an intake that is subject to |
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the requirements of this section has a hinged opening or other type |
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of opening and closing mechanism to permit emergency services |
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personnel to access the system. |
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SECTION 3. Not later than September 1, 2011, a municipality |
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with a population of more than two million shall ensure that each |
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culvert or other enclosed flood or drainage system and each intake |
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to the system meets the requirements of Section 756.151, Health and |
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Safety Code, as added by this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |