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R E S O L U T I O N
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BE IT RESOLVED by the House of Representatives of the State of |
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Texas, 83rd Legislature, Regular Session, 2013, That House Rule 13, |
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Section 9(a), be suspended in part as provided by House Rule 13, |
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Section 9(f), to enable the conference committee appointed to |
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resolve the differences on House Bill 1768 (identification |
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requirements for certain fire hydrants and flush valves) to |
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consider and take action on the following matter: |
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(1) House Rule 13, Sections 9(a)(1) and (2), are suspended |
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to permit the committee to change and omit text not in disagreement |
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in proposed SECTION 1 of the bill, in amended Section 341.0357, |
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Health and Safety Code, to read as follows: |
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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) This section applies only to a county, or a municipality |
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in a county, that: |
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(1) borders the United Mexican States or is adjacent |
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to a county that borders the United Mexican States; |
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(2) has a population of at least 400,000 or has a |
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population of at least 20,000 and is adjacent to a county that has a |
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population of at least 400,000; and |
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(3) is within 200 miles of the Gulf of Mexico. |
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(c) Each water utility responsible for any hydrant 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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(d) For purposes of Subsection (c)(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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(e) A water utility [The owner] may place a black tarp over |
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the hydrant or use another means to conceal the hydrant [device] |
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instead of painting all or the cap of the hydrant [device] black as |
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required under Subsection (c)(2) [this section] if the hydrant |
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[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 water |
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utility 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 (c)(2). |
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(f) A water utility that paints all or the cap of a hydrant |
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black as required by Subsection (c)(2) may also ensure by any |
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reasonable means that the hydrant is identifiable in low-light |
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conditions, including by installing reflectors. |
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(g) [(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 the |
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water utility is not obligated by ordinance, regulation, or |
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contract to provide water for fire suppression services and elects |
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not to provide water for those services [nonfunctioning if the
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device pumps less than 250 gallons of water per minute]. |
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(h) [(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 water utility 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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(i) For purposes of Subsection (h), a system for labeling or |
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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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(j) The fact that all or the cap of a hydrant for which a |
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water utility is responsible under this section is not painted |
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black as described by Subsection (c)(2) or concealed in the manner |
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described by Subsection (e) does not constitute a guarantee by the |
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water utility that the hydrant will deliver a certain amount of |
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water flow at all times. Notwithstanding any provision of Chapter |
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101, Civil Practice and Remedies Code, to the contrary, a water |
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utility is not liable for a hydrant's inability to provide adequate |
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water supply in a fire emergency. |
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Explanation: The change is necessary to omit the section |
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amending Section 341.0357, Health and Safety Code, to preserve the |
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application of that law to certain municipalities. |
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(2) House Rule 13, Section 9(a)(3), is suspended to permit |
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the committee to add text on a matter not in disagreement by adding |
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the following new SECTIONS to the bill: |
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SECTION 1. Section 341.0357, Health and Safety Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) This section does not apply within the jurisdiction of a |
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governmental entity described by Section 341.03571(b). |
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SECTION 2. Subchapter C, Chapter 341, Health and Safety |
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Code, is amended by adding Section 341.03571 to read as follows: |
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Sec. 341.03571. IDENTIFICATION REQUIREMENT FOR CERTAIN |
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FIRE HYDRANTS AND FLUSH VALVES IN CERTAIN MUNICIPALITIES. (a) In |
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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 appearance of a fire hydrant; and |
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|
(B) 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) This section applies only to a county, or a municipality |
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in a county, that: |
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(1) borders the United Mexican States or is adjacent |
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to a county that borders the United Mexican States; |
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|
(2) has a population of at least 400,000 or has a |
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population of at least 20,000 and is adjacent to a county that has a |
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population of at least 400,000; and |
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(3) is within 200 miles of the Gulf of Mexico. |
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(c) 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 black if the |
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hydrant is unavailable for use by the entity providing fire |
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suppression services in a fire emergency. |
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(d) For purposes of Subsection (c)(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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(e) A public water system may place a black tarp over the |
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hydrant or use another means to conceal the hydrant instead of |
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painting all or the cap of the hydrant black as required under |
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Subsection (c)(2) if the hydrant is temporarily unavailable for use |
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in a fire emergency for a period not to exceed 45 days. Not later |
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than the 45th day after the date a hydrant is concealed as provided |
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by this subsection, the public water system responsible for the |
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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 (c)(2). |
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(f) A public water system that paints all or the cap of a |
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hydrant black as required by Subsection (c)(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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(g) 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 |
|
|
contract with a municipality or volunteer fire department to |
|
|
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. |
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(h) For purposes of Subsection (g), a system for labeling or |
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color coding hydrants may include the assignment of different |
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colors to identify hydrants that are available for direct pumping, |
|
|
hydrants that are available for filling a water tank on a fire truck |
|
|
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 (c)(2) or concealed in the |
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manner described by Subsection (e) 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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Explanation: This addition is necessary to preserve the |
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application of current law to certain municipalities and to enact |
|
|
new law applicable to other municipalities. |
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(3) House Rule 13, Section 9(a)(1), is suspended to permit |
|
|
the committee to change text not in disagreement in proposed |
|
|
SECTION 2 of the bill, in the transition language, to read as |
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follows: |
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SECTION 3. Not later than January 1, 2014, each public water |
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system responsible for hydrants under Section 341.03571, Health and |
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|
Safety Code, as added by this Act, shall ensure that its hydrants |
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comply with the requirements imposed by that section. |
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Explanation: This change is necessary to update the |
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cross-reference to reflect the addition of Section 341.03571, |
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Health and Safety Code. |