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