By: Howard (Senate Sponsor - Watson) H.B. No. 3813

(In the Senate - Received from the House May 6, 2013; May 7, 2013, read first time and referred to Committee on Intergovernmental Relations; May 8, 2013, rereferred to Committee on Natural Resources; May 16, 2013, reported adversely, with favorable Committee Substitute by the following vote: Yeas 9, Nays 0; May 16, 2013, sent to printer.)

COMMITTEE SUBSTITUTE FOR H.B. No. 3813 By: Estes

A BILL TO BE ENTITLED

AN ACT

relating to municipal fire suppression standards in certain municipalities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 342, Local Government Code, is amended by adding Subchapter Z to read as follows:

SUBCHAPTER Z. MISCELLANEOUS PROVISIONS

Sec. 342.901. FIRE SUPPRESSION STANDARDS IN CERTAIN MUNICIPALITIES. (a) This section applies to a general law municipality that:

(1) has a population of less than 4,000;

(2) is located in a county that:

(A) has a population of more than one million; and

(B) is adjacent to a county with a population of more than 420,000; and

(3) is served by a district governed by Chapter 51, Water Code.

(b) Notwithstanding any other law, the governing body of a municipality may by ordinance establish water flow and water pressure standards sufficient to provide adequate pressure to fire suppression systems and require a district described by Subsection (a)(3) that provides water service in the municipality to take reasonable measures to comply with those standards.

(c) Before a municipality adopts an ordinance under this section, the municipality shall, in consultation with the district described by Subsection (a)(3) that is subject to the proposed ordinance, estimate the costs associated with the proposed ordinance.

(d) A district described by Subsection (a)(3) may recover the costs associated with complying with an ordinance adopted under this section through a surcharge assessed only to customers served in the municipality to the extent that:

(1) complying with the ordinance results in additional costs for the district; and

(2) the ordinance establishes water flow and water pressure standards inside municipal boundaries that are different than water flow and water pressure standards required outside municipal boundaries.

(e) To the extent of a conflict between this section and any other law, this section controls.

SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.

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