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A BILL TO BE ENTITLED
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AN ACT
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relating to municipal standards for retail public utilities that |
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provide water service in the municipality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 341.0357(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The owner of any device having the appearance of a fire |
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hydrant that is located in a place that an entity responsible for |
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providing fire suppression services in a fire emergency would |
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expect a fire hydrant to typically be located shall paint the device |
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black if the device is nonfunctioning or otherwise unavailable for |
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use by the entity providing fire suppression services in a fire |
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emergency. The owner may place a black tarp over the device instead |
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of painting the device black as required under this section if the |
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device is temporarily nonfunctioning, or temporarily unavailable |
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for use in a fire emergency, for a period not to exceed seven days. |
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An owner may not paint a functioning device black or place a black |
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tarp over a functioning device. |
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SECTION 2. Chapter 342, Local Government Code, is amended |
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by adding Subchapter Z to read as follows: |
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SUBCHAPTER Z. MISCELLANEOUS PROVISIONS |
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Sec. 342.901. MUNICIPAL FIRE SUPPRESSION STANDARDS. (a) |
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In this section, "retail public utility" has the meaning assigned |
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by Section 13.002, Water Code, and includes a water supply |
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corporation as defined by Section 49.001, Water Code, and an |
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investor-owned utility. |
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(b) A municipality by ordinance may establish standards |
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that require a retail public utility that provides water service in |
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the municipality or the municipality's extraterritorial |
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jurisdiction to provide basic water flow that is sufficient to |
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provide adequate pressure to fire suppression systems and |
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equipment, including fire hydrants. |
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SECTION 3. Section 13.247, Water Code, is amended by adding |
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Subsection (e) to read as follows: |
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(e) A municipality by ordinance may require a retail public |
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utility, including an investor-owned utility, certified or |
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entitled to certification under this chapter to provide service or |
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operate facilities inside the boundaries of the municipality to |
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provide the service or operate the facilities in the same manner |
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that the municipality would be required to provide the service or |
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operate the facilities. |
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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, 2013. |