S.B. No. 1086
 
 
 
 
AN ACT
  relating to the regulation of certain water and sewage utilities to
  ensure public safety in and around certain municipalities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (a), Section 341.0358, Health and
  Safety Code, is amended by amending Subdivision (1) and adding
  Subdivision (1-a) to read as follows:
               (1)  "Industrial district" has the meaning assigned by
  Section 42.044, Local Government Code, and includes an area that is
  designated by the governing body of a municipality as a zoned
  industrial area.
               (1-a)  "Public utility" has the meaning assigned by
  Section 13.002, Water Code.
         SECTION 2.  Subsection (g), Section 341.0358, Health and
  Safety Code, is amended to read as follows:
         (g)  This section also applies to:
               (1)  a municipality with a population of more than
  36,000 and less than 41,000 located in two counties, one of which is
  a county with a population of more than 1.8 million;
               (2)  a municipality, including any industrial district
  within the municipality or its extraterritorial jurisdiction, with
  a population of more than 7,000 and less than 30,000 located in a
  county with a population of more than 155,000 and less than 180,000;
  and
               (3)  a municipality, including any industrial district
  within the municipality or its extraterritorial jurisdiction, with
  a population of more than 11,000 and less than 18,000 located in a
  county with a population of more than 125,000 and less than 230,000.
         SECTION 3.  Subchapter C, Chapter 341, Health and Safety
  Code, is amended by adding Section 341.03585 to read as follows:
         Sec. 341.03585.  FIRE HYDRANT FLOW AND PRESSURE STANDARDS IN
  CERTAIN MUNICIPALITIES. (a)  In this section:
               (1)  "Industrial district" has the meaning assigned by
  Section 42.044, Local Government Code, and includes an area that is
  designated by the governing body of a municipality as a zoned
  industrial area.
               (2)  "Municipal utility" means a retail public utility,
  as defined by Section 13.002, Water Code, that is owned by a
  municipality.
               (3)  "Residential area" has the meaning assigned by
  Section 341.0358.
               (4)  "Utility" includes a "public utility" and "water
  supply or sewer service corporation" as defined by Section 13.002,
  Water Code.
         (b)  This section applies only to:
               (1)  a municipality, including any industrial district
  within the municipality or its extraterritorial jurisdiction, with
  a population of more than 7,000 and less than 30,000 located in a
  county with a population of more than 155,000 and less than 180,000;
  and
               (2)  a municipality, including any industrial district
  within the municipality or its extraterritorial jurisdiction, with
  a population of more than 11,000 and less than 18,000 located in a
  county with a population of more than 125,000 and less than 230,000.
         (c)  The governing body of a municipality by ordinance shall
  adopt standards requiring a utility to maintain a sufficient water
  flow and pressure to fire hydrants in a residential area or an
  industrial district located in the municipality or the
  municipality's extraterritorial jurisdiction. The standards:
               (1)  in addition to a utility's maximum daily demand,
  must provide, for purposes of emergency fire suppression, for:
                     (A)  a sufficient water flow not in excess of 250
  gallons per minute for at least two hours; and
                     (B)  a sufficient water pressure not in excess of
  20 pounds per square inch;
               (2)  must require a utility to maintain at least the
  sufficient water flow and pressure described by Subdivision (1) in
  fire hydrants in a residential area or an industrial district
  located within the municipality or the municipality's
  extraterritorial jurisdiction; and
               (3)  notwithstanding Subdivisions (1) and (2), if the
  municipality owns a municipal utility, may not require another
  utility located in the municipality or the municipality's
  extraterritorial jurisdiction to provide water flow and pressure in
  a fire hydrant greater than that provided by the municipal utility.
         (d)  Except as provided by this subsection, an ordinance
  under Subsection (c) may not require a utility to build, retrofit,
  or improve fire hydrants and related infrastructure in existence at
  the time the ordinance is adopted. An ordinance under Subsection
  (c) may apply to a utility's fire hydrants and related
  infrastructure that the utility:
               (1)  installs after the effective date of the
  ordinance; or
               (2)  acquires after the effective date of the ordinance
  if the hydrants and infrastructure comply with the standards
  adopted by the ordinance at the time the hydrants and
  infrastructure are acquired.
         (e)  After adoption of an ordinance under Subsection (c), the
  municipality shall encourage any responsible emergency services
  district, as described by Chapter 775, to enter into a written
  memorandum of understanding with the utility to provide for:
               (1)  the necessary testing of fire hydrants; and
               (2)  other relevant issues pertaining to the use of the
  water and maintenance of the fire hydrants to ensure compliance
  with this section.
         (f)  After adoption of an ordinance under Subsection (c), the
  utility shall paint all fire hydrants in accordance with the
  ordinance or a memorandum of understanding under Subsection (e)
  that are located in a residential area or an industrial district
  within the municipality or the municipality's extraterritorial
  jurisdiction.
         (g)  Notwithstanding any provision of Chapter 101, Civil
  Practice and Remedies Code, to the contrary, a utility is not liable
  for a hydrant's or metal flush valve's inability to provide adequate
  water supply in a fire emergency. This subsection does not waive a
  municipality's immunity under Subchapter I, Chapter 271, Local
  Government Code, or any other law and does not create any liability
  on the part of a municipality or utility under a joint enterprise
  theory of liability.
         SECTION 4.  This Act takes effect September 1, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1086 passed the Senate on
  April 25, 2013, by the following vote: Yeas 30, Nays 0; and that
  the Senate concurred in House amendment on May 23, 2013, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1086 passed the House, with
  amendment, on May 20, 2013, by the following vote: Yeas 147,
  Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor