Bill Text: TX HB1973 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the provision of water by a public utility or water supply or sewer service corporation for use in fire suppression.
Sponsorship: Bipartisan Bill
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB1973 Detail]
Download: Texas-2013-HB1973-Enrolled.html
| H.B. No. 1973 | ||
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| relating to the provision of water by a public utility or water | ||
| supply or sewer service corporation for use in fire suppression. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter C, Chapter 341, Health and Safety | ||
| Code, is amended by adding Section 341.0359 to read as follows: | ||
| Sec. 341.0359. FIRE HYDRANT FLOW STANDARDS. (a) In this | ||
| section: | ||
| (1) "Municipal utility" means a retail public utility, | ||
| as defined by Section 13.002, Water Code, that is owned by a | ||
| municipality. | ||
| (2) "Residential area" means an area used principally | ||
| for private residences that is improved with at least 100 | ||
| single-family homes and has an average density of one home per half | ||
| acre. | ||
| (3) "Utility" includes a "public utility" and "water | ||
| supply or sewer service corporation" as defined by Section 13.002, | ||
| Water Code. | ||
| (b) The governing body of a municipality by ordinance may | ||
| adopt standards set by the commission under Subsection (c) | ||
| requiring a utility to maintain a minimum sufficient water flow and | ||
| pressure to fire hydrants in a residential area located in the | ||
| municipality or the municipality's extraterritorial jurisdiction. | ||
| (c) The commission by rule shall establish standards for | ||
| adoption by a municipality under Subsection (b). The standards: | ||
| (1) in addition to a utility's maximum daily demand, | ||
| must provide, for purposes of emergency fire suppression, for: | ||
| (A) a minimum sufficient water flow of at least | ||
| 250 gallons per minute for at least two hours; and | ||
| (B) a minimum sufficient water pressure of at | ||
| least 20 pounds per square inch; | ||
| (2) must require a utility to maintain at least the | ||
| minimum sufficient water flow and pressure described by Subdivision | ||
| (1) in fire hydrants in a residential area located within the | ||
| municipality or the municipality's extraterritorial jurisdiction; | ||
| (3) must be based on the density of connections, | ||
| service demands, and other relevant factors; | ||
| (4) notwithstanding Subdivisions (1) and (2), if the | ||
| municipality owns a municipal utility, 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 greater than that provided by the municipal utility | ||
| as determined by the commission; and | ||
| (5) if the municipality does not own a municipal | ||
| utility, may not require a utility located in the municipality or | ||
| the municipality's extraterritorial jurisdiction to provide a | ||
| minimum sufficient water flow and pressure greater than the | ||
| standard established under Subdivision (1). | ||
| (d) An ordinance under Subsection (b) may not require a | ||
| utility to build, retrofit, or improve infrastructure in existence | ||
| at the time the ordinance is adopted. | ||
| (e) A municipality with a population of less than 1.9 | ||
| million that adopts standards under Subsection (b) or that seeks to | ||
| use a utility's water for fire suppression shall enter into a | ||
| written memorandum of understanding with the utility to provide | ||
| for: | ||
| (1) the necessary testing of fire hydrants; and | ||
| (2) other relevant issues pertaining to the use of the | ||
| water and maintenance of the fire hydrants to ensure compliance | ||
| with this section. | ||
| (f) A municipality may notify the commission of a utility's | ||
| failure to comply with a standard adopted under Subsection (b). | ||
| (g) On receiving the notice described by Subsection (f), the | ||
| commission shall require a utility in violation of a standard | ||
| adopted under this section to comply within a reasonable time | ||
| established by the commission. The commission may approve | ||
| infrastructure improvements and make corresponding changes to the | ||
| tariff or rate schedule of a utility that is a public utility as | ||
| needed to permit compliance with this section. | ||
| (h) Notwithstanding any provision of Chapter 101, Civil | ||
| Practice and Remedies Code, to the contrary, a utility is not liable | ||
| for a hydrant's or metal flush valve's inability to provide adequate | ||
| water supply in a fire emergency. This subsection does not waive a | ||
| municipality's immunity under Subchapter I, Chapter 271, Local | ||
| Government Code, or any other law and does not create any liability | ||
| on the part of a municipality under a joint enterprise theory of | ||
| liability. | ||
| SECTION 2. This Act takes effect September 1, 2013. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 1973 was passed by the House on April | ||
| 26, 2013, by the following vote: Yeas 138, Nays 3, 2 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 1973 on May 17, 2013, by the following vote: Yeas 111, Nays 22, | ||
| 2 present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 1973 was passed by the Senate, with | ||
| amendments, on May 14, 2013, by the following vote: Yeas 31, Nays | ||
| 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
