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A BILL TO BE ENTITLED
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AN ACT
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relating to the adoption of fire hydrant requirements for a |
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wildland-urban interface in certain municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 9, Health and Safety Code, is |
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amended by adding Chapter 797 to read as follows: |
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CHAPTER 797. WILDFIRE PREVENTION |
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Sec. 797.001. DEFINITIONS. In this chapter: |
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(1) "Director" means the director of the Texas A&M |
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Forest Service. |
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(1-a) "Municipal utility" means a retail public |
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utility, as defined by Section 13.002, Water Code, that is owned by |
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a municipality. |
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(2) "Wildfire" and "wildland" have the meanings |
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assigned by Section 88.1015, Education Code. |
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(3) "Wildland-urban interface" means a place where an |
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urban area and wildland meet and that: |
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(A) is designated by the director to be an |
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at-risk area for wildfires; or |
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(B) is an area within one-half mile of a place |
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described by Paragraph (A). |
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Sec. 797.002. FIRE HYDRANT REQUIREMENTS FOR WILDLAND-URBAN |
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INTERFACE. (a) This section applies only to a municipality with a |
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population of 2,500 or more, located in a county that has a |
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population of more than one million and less than 1.5 million, that |
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has within its boundaries a wildland-urban interface. |
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(b) Except as otherwise provided by Subsection (d), a |
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governing body of a municipality may by ordinance require a fire |
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hydrant located in that municipality to conform to flow and |
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pressure standards established by the ordinance. |
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(c) A municipality may consult with county and state fire |
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prevention agencies in adopting standards under Subsection (b). |
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(d) A municipality may not adopt an ordinance under |
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Subsection (b) unless the municipality makes a reasonably diligent |
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effort to: |
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(1) consider other available options for reducing the |
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threat of wildfires; |
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(2) estimate the probable cost to consumers of an |
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ordinance adopted under Subsection (b); and |
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(3) consider any available method for reducing the |
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cost described by Subdivision (2). |
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(e) If the municipality owns a municipal utility, an |
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ordinance adopted under Subsection (b) 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 at a level greater than that provided by the |
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municipal utility. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |