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SENATE RESOLUTION
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BE IT RESOLVED by the Senate of the State of Texas, 83rd |
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Legislature, Regular Session, 2013, That Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on |
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House Bill 1768 (identification requirements for certain fire |
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hydrants and flush valves) to consider and take action on the |
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following matters: |
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(1) Senate Rules 12.03(1) and (2) are suspended to permit |
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the committee to change and omit text not in disagreement in |
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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 |
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[HYDRANT 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 |
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municipality 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 |
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a 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 |
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fire truck used for fire suppression services; and |
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(2) paint all or the cap of the hydrant [device] |
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black 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 |
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over the hydrant or use another means to conceal the hydrant |
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[device] instead of painting all or the cap of the hydrant |
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[device] black as required under Subsection (c)(2) [this
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section] if the hydrant [device] is temporarily [nonfunctioning,
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or temporarily] unavailable for use in a fire emergency[,] for a |
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period not to exceed 45 [seven] days. Not later than the 45th day |
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after the date a hydrant is concealed as provided by this |
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subsection, the water 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 |
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use in a fire emergency, paint all or the cap of the hydrant black |
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as required by Subsection (c)(2). |
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(f) A water utility 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 |
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low-light conditions, including by installing reflectors. |
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(g) [(b)] For purposes of this section, a hydrant |
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[device] is considered to be unavailable for use by an entity |
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responsible for providing fire suppression services in a fire |
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emergency if the water utility is not obligated by ordinance, |
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regulation, or contract to provide water for fire suppression |
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services and elects not to provide water for those services |
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[nonfunctioning if the device pumps less than 250 gallons of
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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 |
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entity that maintains its own system for labeling or color coding |
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its 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 |
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coding hydrants [a device having the appearance of a fire hydrant
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that is 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 |
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or color coding hydrants may include the assignment of different |
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colors to identify hydrants that are available for direct |
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pumping, hydrants that are available for filling a water tank on |
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a fire truck used for fire suppression services, and hydrants |
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that are unavailable for use by an entity providing fire |
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suppression 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 |
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manner described by Subsection (e) does not constitute a |
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guarantee by the water utility that the hydrant will deliver a |
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certain amount of water flow at all times. Notwithstanding any |
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provision of Chapter 101, Civil Practice and Remedies Code, to |
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the contrary, a water utility is not liable for a hydrant's |
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inability to provide adequate 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 |
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the application of that law to certain municipalities. |
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(2) Senate Rule 12.03(3) is suspended to permit the |
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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 |
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of a 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. |
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(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 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 |
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|
municipality 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 |
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a 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 |
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fire 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 |
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use in a fire emergency for a period not to exceed 45 days. Not |
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later than the 45th day after the date a hydrant is concealed as |
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provided by this subsection, the public water system responsible |
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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 |
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use in a fire emergency, paint all or the cap of the hydrant black |
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as 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 |
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low-light 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 |
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entity that maintains its own system for labeling or color coding |
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its hydrants; or |
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(2) to any public water system that has entered into |
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a 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 |
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coding hydrants. |
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(h) For purposes of Subsection (g), a system for labeling |
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or color coding hydrants may include the assignment of different |
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colors to identify hydrants that are available for direct |
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pumping, hydrants that are available for filling a water tank on |
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|
a fire truck used for fire suppression services, and hydrants |
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that are unavailable for use by an entity providing fire |
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suppression 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 |
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the manner described by Subsection (e) does not constitute a |
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guarantee by the public water system that the hydrant will |
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deliver a certain amount of water flow at all times. |
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Notwithstanding any provision of Chapter 101, Civil Practice and |
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Remedies Code, to the contrary, a public water system is not |
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liable for a hydrant's inability to provide adequate water supply |
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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 |
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new law applicable to other municipalities. |
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(3) Senate Rule 12.03(1) is suspended to permit the |
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committee to change text not in disagreement in proposed SECTION |
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2 of the bill, in the transition language, to read as follows: |
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SECTION 3. Not later than January 1, 2014, each public |
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water system responsible for hydrants under Section 341.03571, |
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Health and Safety Code, as added by this Act, shall ensure that |
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its hydrants comply with the requirements imposed by that |
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section. |
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Explanation: The 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. |
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_______________________________ |
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President of the Senate |
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I hereby certify that the |
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above Resolution was adopted by |
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the Senate on May 25, 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 |