By: Watson S.B. No. 1801

A BILL TO BE ENTITLED

AN ACT

relating to the adoption of fire hydrant requirements for a wildland-urban interface in certain municipalities.

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

SECTION 1. Subtitle C, Title 9, Health and Safety Code, is amended by adding Chapter 797 to read as follows:

CHAPTER 797. WILDFIRE PREVENTION

Sec. 797.001. DEFINITIONS. In this chapter:

(1) "Director" means the director of the Texas A&M Forest Service.

(1-a) "Municipal utility" means a retail public utility, as defined by Section 13.002, Water Code, that is owned by a municipality.

(2) "Wildfire" and "wildland" have the meanings assigned by Section 88.1015, Education Code.

(3) "Wildland-urban interface" means a place where an urban area and wildland meet and that:

(A) is designated by the director to be an at-risk area for wildfires; or

(B) is an area within one-half mile of a place described by Paragraph (A).

Sec. 797.002. FIRE HYDRANT REQUIREMENTS FOR WILDLAND-URBAN INTERFACE. (a) This section applies only to a municipality with a population of 2,500 or more, located in a county that has a population of more than one million and less than 1.5 million, that has within its boundaries a wildland-urban interface.

(b) Except as otherwise provided by Subsection (d), a governing body of a municipality may by ordinance require a fire hydrant located in that municipality to conform to flow and pressure standards established by the ordinance.

(c) A municipality may consult with county and state fire prevention agencies in adopting standards under Subsection (b).

(d) A municipality may not adopt an ordinance under Subsection (b) unless the municipality makes a reasonably diligent effort to:

(1) consider other available options for reducing the threat of wildfires;

(2) estimate the probable cost to consumers of an ordinance adopted under Subsection (b); and

(3) consider any available method for reducing the cost described by Subdivision (2).

(e) If the municipality owns a municipal utility, an ordinance adopted under Subsection (b) 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 at a level greater than that provided by the municipal utility.

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.