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A BILL TO BE ENTITLED
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AN ACT
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relating to identification requirements for certain fire hydrants |
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and flush valves. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 341.0357, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 341.0357. IDENTIFICATION REQUIREMENT FOR CERTAIN |
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[DEVICE WITH APPEARANCE OF] FIRE HYDRANTS AND FLUSH VALVES [HYDRANT
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THAT IS NONFUNCTIONING OR UNAVAILABLE FOR USE IN FIRE
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EMERGENCY]. (a) In this section, "hydrant" means: |
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(1) a fire hydrant; or |
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(2) a metal flush valve that: |
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(A) has [The owner of any device having] the |
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appearance of a fire hydrant; and |
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(B) [that] is located in a place that an entity |
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responsible for providing fire suppression services in a fire |
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emergency would expect a fire hydrant to typically be located. |
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(b) Each public water system responsible for any hydrant |
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shall: |
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(1) paint all or the cap of the hydrant white if the |
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hydrant is available to be used only to fill a water tank on a fire |
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truck used for fire suppression services; and |
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(2) paint all or the cap of the hydrant [device] black |
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if the hydrant [device] is [nonfunctioning or otherwise] |
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unavailable for use by the entity providing fire suppression |
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services in a fire emergency. |
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(c) For purposes of Subsection (b)(2), a hydrant is |
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unavailable for use in a fire emergency if it is unavailable for |
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pumping directly from the hydrant or is unavailable for use in |
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filling a water tank on a fire truck used for fire suppression |
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services. |
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(d) A public water system [The owner] may place a black tarp |
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over the hydrant or use another means to conceal the hydrant |
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[device] instead of painting all or the cap of the hydrant [device] |
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black as required under Subsection (b)(2) [this section] if the |
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hydrant [device] is temporarily [nonfunctioning, or temporarily] |
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unavailable for use in a fire emergency[,] for a period not to |
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exceed 45 [seven] days. Not later than the 45th day after the date a |
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hydrant is concealed as provided by this subsection, the public |
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water system responsible for the hydrant shall: |
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(1) if the hydrant is available for the provision of |
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fire suppression services, remove the tarp or other means of |
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concealment; or |
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(2) if the hydrant continues to be unavailable for use |
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in a fire emergency, paint all or the cap of the hydrant black as |
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required by Subsection (b)(2). |
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(e) A public water system that paints all or the cap of a |
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hydrant black as required by Subsection (b)(2) may also ensure by |
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any reasonable means that the hydrant is identifiable in low-light |
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conditions, including by installing reflectors. |
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(f) [(b)] For purposes of this section, a hydrant [device] |
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is considered to be unavailable for use by an entity responsible for |
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providing fire suppression services in a fire emergency if: |
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(1) the public water system is not obligated by |
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ordinance, regulation, or contract to provide water for fire |
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suppression services and elects not to provide water for those |
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services; or |
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(2) the hydrant delivered less than 50 gallons of |
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water per minute during its most recent flow test under normal |
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conditions [nonfunctioning if the device pumps less than 250
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gallons of water per minute]. |
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(g) [(c)] This section does not apply: |
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(1) within the jurisdiction of a governmental entity |
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that maintains its own system for labeling or color coding its |
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hydrants; or |
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(2) to any public water system that has entered into a |
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contract with a municipality or volunteer fire department to |
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provide a water supply for fire suppression services if the |
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contract specifies a different system for labeling or color coding |
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hydrants [a device having the appearance of a fire hydrant that is
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nonfunctioning or otherwise unavailable for use in a fire
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emergency]. |
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(h) For purposes of Subsection (g), a system for labeling |
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or color coding hydrants may include the assignment of different |
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colors to identify hydrants that are available for direct pumping, |
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hydrants that are available for filling a water tank on a fire truck |
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used for fire suppression services, and hydrants that are |
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unavailable for use by an entity providing fire suppression |
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services in a fire emergency. |
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(i) The fact that all or the cap of a hydrant for which a |
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public water system is responsible under this section is not |
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painted black as described by Subsection (b)(2) or concealed in the |
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manner described by Subsection (d) does not constitute a guarantee |
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by the public water system that the hydrant will deliver a certain |
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amount of water flow at all times. Notwithstanding any provision of |
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Chapter 101, Civil Practice and Remedies Code, to the contrary, a |
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public water system is not liable for a hydrant's inability to |
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provide adequate water supply in a fire emergency. |
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SECTION 2. Not later than January 1, 2012, each public water |
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system responsible for hydrants under Section 341.0357, Health and |
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Safety Code, as amended by this Act, shall ensure that its hydrants |
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comply with the requirements imposed by that section. |
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SECTION 3. 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. |