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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 GOVERNMENTAL ENTITY. (a) A state or |
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local governmental entity shall ensure that the intake to each |
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culvert or other enclosed flood or drainage system that the entity |
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is responsible for maintaining is protected by a bar, grate, or |
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other appropriate covering sufficient to ensure that a child may |
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not be swept into the system. |
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(b) A state or local governmental entity shall ensure that a |
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sign warning of the hazard for a child, including the danger for |
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injury or drowning, is clearly posted at the intake to each culvert |
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or other enclosed flood or drainage system that the entity is |
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responsible for maintaining. |
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(c) A state or local governmental entity shall ensure that |
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each culvert or other enclosed flood or drainage system that the |
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entity is responsible for maintaining has a hinged opening or other |
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type 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, 2012, a state or |
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local governmental entity shall ensure that each culvert or other |
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enclosed flood or drainage system maintained by the entity complies |
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with the requirements of Section 756.151, Health and Safety Code, |
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as added by this Act. |
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SECTION 4. This Act takes effect September 1, 2011. |