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A BILL TO BE ENTITLED
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AN ACT
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relating to notice provided by certain public water systems |
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regarding a water service interruption in an area served by a fire |
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department that provides fire suppression services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 341, Health and Safety |
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Code, is amended by adding Section 341.03561 to read as follows: |
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Sec. 341.03561. NOTICE OF WATER SERVICE INTERRUPTION TO |
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FIRE DEPARTMENT. (a) In this section: |
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(1) "Fire department" has the meaning assigned by |
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Section 795.001. |
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(2) "Hydrant" has the meaning assigned by Section |
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341.03571. |
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(3) "Public safety answering point" has the meaning |
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assigned by Section 772.001. |
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(4) "Regulatory authority" has the meaning assigned by |
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Section 13.002, Water Code, except the term does not include the |
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governing body of a municipality. |
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(b) This section applies only to a public water system |
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located outside the incorporated area of a municipality that is |
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required by a regulatory authority to install and maintain a |
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hydrant under Section 341.0358, 341.03585, or 341.0359, including |
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rules and standards adopted under those sections. |
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(c) The regulatory authority of a public water system to |
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which this section applies shall by rule require the public water |
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system to provide to each fire department providing fire |
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suppression services in the area where the hydrant is located |
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notice of a water service interruption that renders the hydrant |
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temporarily unavailable for use in a fire emergency. The notice |
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must be provided: |
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(1) for a planned water service interruption, before |
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the interruption begins; and |
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(2) for an unplanned water service interruption of |
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three hours or more, as soon as practicable but not later than 24 |
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hours from the time the authority is first notified or otherwise |
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becomes aware of the interruption. |
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(d) A public water system to which this section applies |
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shall notify each fire department that is provided notice of a water |
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service interruption under Subsection (c) notice of the water |
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service's resumption not later than two hours from the time the |
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water service is resumed. |
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(e) For the purposes of this section, a hydrant that is |
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unavailable for pumping directly from the hydrant is unavailable |
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for use in a fire emergency. |
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(f) For purposes of providing the required notice under |
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Subsections (c) and (d), the regulatory authority of a public water |
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system may approve the use of: |
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(1) a dynamic information database described by |
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Section 418.192, Government Code; and |
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(2) the public water system's Internet website or a |
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social media platform, as defined by Section 120.001, Business & |
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Commerce Code, that allows fire departments to subscribe to or |
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otherwise receive notices from the website or platform. |
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(g) The regulatory authority of a public water system may |
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delegate the system's duty to provide notice under Subsection (c) |
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or (d) to a public safety answering point that relays information to |
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fire departments providing fire suppression services in the area |
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where the affected hydrant is located. A public safety answering |
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point delegated the duty to provide notice under Subsection (c) or |
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(d) must provide that notice in accordance with the applicable time |
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for notice under those subsections. |
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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, 2023. |