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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of water by a public utility or water |
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supply or sewer service corporation for use in fire suppression. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 341.0358, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 341.0358. PUBLIC SAFETY STANDARDS. (a) In this |
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section: |
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(1) "Public utility" and "water supply or sewer |
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service corporation" have [has] the meanings [meaning] assigned by |
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Section 13.002, Water Code. |
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(2) "Regulatory authority" has the meaning assigned by |
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Section 13.002, Water Code. |
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[(3) "Residential area" means:
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[(A)
an area designated as a residential zoning
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district by a governing ordinance or code or an area in which the
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principal land use is for private residences;
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[(B)
a subdivision for which a plat is recorded
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in the real property records of the county and that contains or is
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bounded by public streets or parts of public streets that are
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abutted by residential property occupying at least 75 percent of
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the front footage along the block face; or
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[(C)
a subdivision a majority of the lots of
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which are subject to deed restrictions limiting the lots to
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residential use.] |
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(b) The regulatory authority for a public utility or a water |
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supply or sewer service corporation may [shall] by rule or |
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ordinance adopt standards for installing fire hydrants and |
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maintaining sufficient water pressure for service to fire hydrants |
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adequate to protect public safety [in residential areas] in a |
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municipality and the municipality's extraterritorial jurisdiction |
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[with a population of 1,000,000 or more]. |
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(c) The commission shall assess [residential] areas in a |
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municipality and the municipality's extraterritorial jurisdiction |
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that are subject to a rule or ordinance under this section to ensure |
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that [with a population of 1,000,000 or more to ensure that:
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[(1)
the regulatory authority for the area has adopted
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the standards required by this section; and
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[(2)] all public utilities and water supply or sewer |
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service corporations serving the municipal [residential] area are |
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complying with the standards adopted under [required by] this |
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section. |
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(d) The commission shall require a municipality [with a
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population of 1,000,000 or more and] acting as a regulatory |
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authority to make appropriate revisions to standards the commission |
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considers to be inadequate within a reasonable time established by |
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the commission. |
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(e) The commission shall require a public utility or a water |
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supply or sewer service corporation in violation of a standard |
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adopted [required] under this section and established by the |
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commission or by a municipality [with a population of 1,000,000 or
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more and] acting as a regulatory authority to comply with the |
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standard within a reasonable time established by the commission. |
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(f) This section does not limit the authority of a |
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municipality [with a population of 1,000,000 or more and] acting as |
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a regulatory authority to prohibit a public utility or a water |
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supply or sewer service corporation in violation of a standard |
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established by the municipality from recovering through the public |
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utility's or the water supply or sewer service corporation's rates a |
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penalty or fine incurred for a violation of a standard. |
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[(g)
This section also applies to a municipality with a
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population of more than 36,000 and less than 41,000 located in two
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counties, one of which is a county with a population of more than
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1.8 million.] |
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SECTION 2. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law in effect immediately before that |
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date, and that law is continued in effect for that purpose. |
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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, 2013. |